rickbashley

i'm currently working in the US on an L1-B company transfer visa but it looks like the company will be closing the department I work in down meaning I won't have a job and would have to return to the UK but I was wondering if I could get my visa changed from it's current staus of L1-B to any other visa that would allow me to stay in the US and work for another company, I don't think the company I work for will help me out as they have shown no interest in helping me out (a management re-shuffle has forced this situation), also my wife and kids are on L2 visas would it be possible to change there's as well??

dh010447

Sorry to hear that, but I think you should start thinking about having to move back home.

You could try for the H1-B visa, but you have to be lucky for that as, due to over subscribing, it only becomes available for something like 1/2 day a year.

You don't say where your from, but perhaps you are eligible to take part in the greencard lottery?

rickbashley

i'm from the UK but my wife is German so would eithier of us qualify for the greencard lottery?

Ozzidoc

Were you born in Northern Ireland? Then you are.

Re wife, German. I think that the answer is yes, she can. However aver 2 million people apply each year for about 60K visas, so I'd be making alternate plans if I were in your shoes.

What you may want is a H1B visa. Find a job in the next week or two, that could sponsor you for this visa, as the new company needs to submit the paperwork by/on 1 April 2008 for a 1 Oct 2008 start. Wife and kids cant work on the visa that's attached to a H1B (H4 for dependents).

H1B visas have a limited number - called a cap - last year this number ran out on the day that the applications opened. Some organisations are not covered by the cap, such as charities and educational establishments. For jobs with them, the company can apply for H1B visa all year round.

rickbashley

unfortunetely i'm not from northern ireland so I guess the lottery is out the window then, as for the H1-B is that the only visa that I could change my L1-B visa to or is there any other one that I could go for, or could I try the GC route before my department closes down, would that be possible to do or do you need to be working for the complete time that you are applying for the GC!

Ozzidoc

You can't "change" from L1-B to H1B. You go through a whole new application process for the H1B.

Your wife can apply for the lottery. Spouse and dependents go along on her application.

Sorry, no idea about the GC route from a L1-B. Someone else who knows more will be along soon enough

Folinskyinla

Hi:

If your German wife was BORN in Germany, then you are both eligible for the "lottery" as Germans.

Folinskyinla

Hi:

The green card lottery is NOT out the window. Your wife is GERMAN [I presume born in Germany]. Therefore, you are BOTH qualified as Germans for that purpose.

The person who mentioned Northern Ireland seems not to know about cross-chargebility.

rickbashley

how can i quailify as being german when it's just my wife thats german (yes she was born in germany), is the GC lottery my only real hope now or is H1-B a better option for me, also can I apply for a H1-B if i'm back in the UK and not in the US?

dbj1000

Your options are extremely limited, I'm afraid.

The H1-B option would require you to find a new employer willing to sponsor you for an H1-B visa, but even then your chances would be slim-to-none, given how over-subscribed they are. Your application would need to be submitted by April 1st. If you were "lucky" enough to get an H1-B, you wouldn't be able to start work until October. All of which is highly unlikely to happen.

If you go for the Diversity Lottery through your wife's German origins, you'd still stand relatively little chance, and again you wouldn't get a Green Card for many, many months - not a short-term solution for you.

Unfortunately, if you're about to get laid off, you won't be able to go through the Green Card process with your current employer. The process takes many months, and you need to be employed by the company throughout the process I believe.

Now would probably be a good time to consult an experienced Immigration Lawyer (Folinsky can probably recommend one) but I'm afraid I don't see any obvious options for you to remain in the US.

Ozzidoc

So you can no longer apply for the GC if you are born in NI?

(I was pretty sure that he could through his German born wife, which is why I mentioned it - but not as clearly as you )

dbj1000

It's pretty simple really. You're married. One of you is German. For the purposes of the Diversity Lottery, you can both apply based on your wife's German nationality.

Ozzidoc

Your wife's diversity lottery application covers the spouse and kids. ie you.

JAJ

Northern Ireland is still eligible for the DV Lottery.

dbj1000

That's not what Folinsky said. His point is that there's no need for the British partner to be born in NI if the spouse is from a country with Diversity Lottery rights.