pinpin79

Hi,

First post on here and we only found out yesterday that moving is a possibility (and very quickly) so please excuse how vague this all is! Just trying to get my head around the idea for now and trying to get at least some facts before we commit to anything...

Ok, so future husband (Aug) whom I have been and lived with for 14 years is in the process of agreeing a job in London for a US company (start up). Initial plans were to work in London but now being told it's California (big big bonus as far as I am concerned and I CANNOT stop smiling!)

Don't know if this is important but both have Degrees, he is currently studing for an MBA and has an MA too (eternal student...) Also, we read something about keeping a house on while we are away being important - we would be.

Anyway, we're assuming (think) he'd be going for a L1 visa and lets just assume he gets it for the purpose of this post!

My issue is this...I run a UK business and have done for 4 years. There is only me and it can all be done from anwhere (it's web design) and I solely have UK clients. I would be hopeful that I could keep this running so I have something to come back to (1-2 years) so would keep the UK registration. bank account etc

From our very limited understanding we're reading that I would not be able to work which is making us think twice about the job - it's a lot to chuck away. But on reading a link in the Immigration Sticky it seems to imply if you run a company in the UK and have someone to manage it in the UK then you can keep it on/contiue to work in it?

As I've said all very vague but until yesterday we had no idea about any of this so it's all a bit panicky!

pinpin79

It may or may not be important to add that I wouldn't be looking to gain anymore work (wouldn't even be promoting it) and only maintain what I have so no work would be taken away from anyone in the US.

JSL8610

I don't think he'd be getting an L1. He would need to have been employed by that company for at least a year before getting an L1 and it sounds like he hasn't been.

I know that isn't the part of your post that you wanted to focus on, but it's important as the visa he gets will ultimately determine which visa you get and, subsequently, whether or not you can work in the US.

I presume the company will sort out his visa. Can he ask them which visa he'd be on? My guess is H which will allow you an H4 derivative visa as his spouse. You cannot work inside the US on an H4.
If he does get an L1 then you should be eligible for an L2 derivative visa as his spouse (once you're married of course) which will allow you to apply for employment authorization once inside the US.

Regards,
James

JSL8610

It isn't. You're either allowed to work while inside the US or you aren't. Even if you're working for a UK company, with UK based customers, being paid in the UK to a UK bank account - if you don't have US employment authorization, you can't work while physically in the US.

Regards,
James

pinpin79

Thanks James, He can't really ask the company right now as they don't seem to know anything for definite. It's a weird one but we're having to make decisions with minimal information (from them) and with plans changin every 5 minutes. We are under the impression (which may mean nothing) that they will be arranging all this and yes, he won't have been employed there for long.

pinpin79

And thanks again James! I did suspect it would be like that but thought I'd throw it out there anyway.

JSL8610

Sorry, I edited my post slightly but not until after you'd replied apparently. I think he'd get an H visa which would allow you to apply for an H4 derivative visa as his spouse (after you're married).

http://london.usembassy.gov/work.html

You can't work on an H4 visa.

Regards,
James

MoshiMoshi

The company *has* to arrange the visa. It's not a case of you sorting everything out and them rubber-stamping it.

I think you said the company is a start-up, so probably it's natural for things to be up in the air, but you definitely need more than 'minimal information' to make your decision. Most of all, you need to know what visa your husband will be on, as this will determine whether you can work, remotely or otherwise.

This is basic, vital information that you should have from the company before making commitments and decisions. Do they have an immigration lawyer, or any expertise in hiring foreigners?

(I can't answer about leaving someone to manage your business in the UK and effectively transferring yourself to the US, but I suspect it's not very suitable if your web design company is a one-woman operation. I think you have to prove that the UK business has continued to run while you're in the States, so you can't just hire a 'UK manager' figurehead and work remotely. But I'm sure someone else will know lots more about this.)

Noorah101

If he has not been employed by this company for at least 1 year, it won't be an L-1 visa. It sounds more like an H1B.

But really, you cannot make any plans or decisions until you know which visa your husband will get. It's pointless to go around in circles with all the various things that *could* happen. Wait and find out what visa he's getting, then come back and ask what you can do on the visa you'll get as a derivative.

Rene

scrubbedexpat099

The H1 is the obvious one, but that could not be before the 1st October.

Bob

You want to have a read of the wiki, see the relocation package info....don't want to get swept up in the moment and get screwed over.

You've got plenty of time to figure things out. H1B, the company applies for it in April and has been mentioned, would give a start date of 1st Oct.

TimFountain

Not to put a downer on things, but the OP also needs to consider what may happen if the startup company fails. Both of you will then be on the next plane home. The early stages of living on a visa can be very precarious. Just make sure the exit strategy is in writing, just in case things go TU. Also on a more positive note, make sure you have a written agreement of who pays for visa renewals and green card processing should that be a route you want to explore. Finally as everyone has already hinted, the H1 is the visa from hell, especially for the derivative spouse, although green card processing times will also make you wonder if the whole thing is worthwhile.

- Tim

caleyjag

Agree with Tim. You should definitely do your best to keep a safe bolt-hole to return to in the UK if it goes tits up. Most Californian start-ups have short lifespans.

Michael

If it is supposed to be going very fast, it can't be the L1 visa since he hasn't been working for the company for a year and it can't be the H1-B visa since he wouldn't be able to start until October.

About the only visa left is the E2 visa but doubt a startup company could get that.

Noorah101

Hopefully they're not sending him over on the VWP or B1/2.

Rene