Reality check - business immigration
Mar 9th 2009, 9:15 am
#1
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Thread Starter
Joined: Jan 2008
Location: Heidiland
Posts: 56
Reality check - business immigration
hi,
I's appreciate some thoughts on my predicament (and yes, I am getting professional advice as well)
I am a British Citizen, living in Canada on a TWP, working for a company who may or may not be looking to expand into the USA. They don't have an office or business entity in the USA at the moment. I have the skills they are looking for in the new office (very rare, trust me on that) and have been told that the job is mine.
To complicate matters, I have a US fiancé. Living apart is getting wearing, but it still works.
Now then...
1. Is it realistic to expect that my company can (not will, but legally can) send me into the USA to work on a long-term basis?
2. Would it be easier or quicker than the above to go for either K3 or CDF?
3. While doing the K3 or CDF, can I still travel in and out of the USA for work? I realise that I'd have to show intent to return to my country of domicile, and never overstay my vias-waiver, but the question is can I travel in and out whilst pursuing either of these options?
4. Anyone know a good lawyer / consultant in Vancouver BC?
Ta!
I's appreciate some thoughts on my predicament (and yes, I am getting professional advice as well)
I am a British Citizen, living in Canada on a TWP, working for a company who may or may not be looking to expand into the USA. They don't have an office or business entity in the USA at the moment. I have the skills they are looking for in the new office (very rare, trust me on that) and have been told that the job is mine.
To complicate matters, I have a US fiancé. Living apart is getting wearing, but it still works.
Now then...
1. Is it realistic to expect that my company can (not will, but legally can) send me into the USA to work on a long-term basis?
2. Would it be easier or quicker than the above to go for either K3 or CDF?
3. While doing the K3 or CDF, can I still travel in and out of the USA for work? I realise that I'd have to show intent to return to my country of domicile, and never overstay my vias-waiver, but the question is can I travel in and out whilst pursuing either of these options?
4. Anyone know a good lawyer / consultant in Vancouver BC?
Ta!
Last edited by drifter; Mar 9th 2009 at 9:16 am. Reason: clarifying company history
Mar 9th 2009, 9:18 am
#2
Peace onion
Joined: Jul 2006
Location: Denver
Posts: 5,686
Re: Reality check - business immigration
hi,
I's appreciate some thoughts on my predicament (and yes, I am getting professional advice as well)
I am a British Citizen, living in Canada on a TWP, working for a company who may or may not be looking to expand into the USA. They don't have an office or business entity in the USA at the moment. I have the skills they are looking for in the new office (very rare, trust me on that) and have been told that the job is mine.
To complicate matters, I have a US fiancé. Living apart is getting wearing, but it still works.
Now then...
1. Is it realistic to expect that my company can (not will, but legally can) send me into the USA to work on a long-term basis?
2. Would it be easier or quicker than the above to go for either K3 or CDF?
3. While doing the K3 or CDF, can I still travel in and out of the USA for work? I realise that I'd have to show intent to return to my country of domicile, and never overstay my vias-waiver, but the question is can I travel in and out whilst pursuing either of these options?
4. Anyone know a good lawyer / consultant in Vancouver BC?
Ta!
I's appreciate some thoughts on my predicament (and yes, I am getting professional advice as well)
I am a British Citizen, living in Canada on a TWP, working for a company who may or may not be looking to expand into the USA. They don't have an office or business entity in the USA at the moment. I have the skills they are looking for in the new office (very rare, trust me on that) and have been told that the job is mine.
To complicate matters, I have a US fiancé. Living apart is getting wearing, but it still works.
Now then...
1. Is it realistic to expect that my company can (not will, but legally can) send me into the USA to work on a long-term basis?
2. Would it be easier or quicker than the above to go for either K3 or CDF?
3. While doing the K3 or CDF, can I still travel in and out of the USA for work? I realise that I'd have to show intent to return to my country of domicile, and never overstay my vias-waiver, but the question is can I travel in and out whilst pursuing either of these options?
4. Anyone know a good lawyer / consultant in Vancouver BC?
Ta!
Mar 9th 2009, 9:22 am
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Reality check - business immigration
2. Would it be easier or quicker than the above to go for either K3 or CDF?
3. While doing the K3 or CDF, can I still travel in and out of the USA for work?
Rene
Mar 9th 2009, 9:30 am
#4
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Thread Starter
Joined: Jan 2008
Location: Heidiland
Posts: 56
Re: Reality check - business immigration
If you qualify, perhaps your company can do an L visa for you, which is a transfer within the company, from one branch to another.
The K-3 is no longer a very good visa. If you are wanting to marry and immigrate that way, it will be the CR-1 Immigrant Visa. When you say CDF, are you referring to DCF (Direct Consular Filing)? If so, the USC must be living overseas to qualify for that. If your USC fiance lives in the USA, you can't do DCF.
Once you are able to immigrate to the USA using the Immigrant Visa, you are allowed to be outside the USA for work purposes. You'd have to apply for a re-entry permit if you plan to stay out longer than 6 months at a time. However, if takes about 8 - 10 months to get the Immigrant Visa in hand...so not sure how you would address working in the USA in the meantime.
Rene
The K-3 is no longer a very good visa. If you are wanting to marry and immigrate that way, it will be the CR-1 Immigrant Visa. When you say CDF, are you referring to DCF (Direct Consular Filing)? If so, the USC must be living overseas to qualify for that. If your USC fiance lives in the USA, you can't do DCF.
Once you are able to immigrate to the USA using the Immigrant Visa, you are allowed to be outside the USA for work purposes. You'd have to apply for a re-entry permit if you plan to stay out longer than 6 months at a time. However, if takes about 8 - 10 months to get the Immigrant Visa in hand...so not sure how you would address working in the USA in the meantime.
Rene
With 3. I should have written...
3. Can I travel from Canada to the USA (and vice versa) to visit my spouse whilst the application is in progress? I would still work in Canada whilst this is ongoing.
Mar 9th 2009, 9:38 am
#5
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Reality check - business immigration
Yes, sorry, I meant DCF. As the USC is resident in the USA, that seems to be out of the question. I'll have a look at the CR-1.
With 3. I should have written...
3. Can I travel from Canada to the USA (and vice versa) to visit my spouse whilst the application is in progress? I would still work in Canada whilst this is ongoing.
With 3. I should have written...
3. Can I travel from Canada to the USA (and vice versa) to visit my spouse whilst the application is in progress? I would still work in Canada whilst this is ongoing.
Rene
Mar 9th 2009, 10:00 am
#6
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Thread Starter
Joined: Jan 2008
Location: Heidiland
Posts: 56
Re: Reality check - business immigration
Does anyone have any recent experience with L1 visas to add to this?
Mar 9th 2009, 11:12 am
#7
BE Enthusiast
Joined: Oct 2003
Location: Portland, OR
Posts: 976
Re: Reality check - business immigration
Well, recent discussions on this and other boards seem to indicate that L1 visa applications are being scrutinized much more closely due to perceived abuse by companies who would have formely used H1's. Expect lots of in-depth questioning and RFE's if you go this route. Good news is that for L1's there is a reasonably clear path to a green card.
