NathanTruong

Hi,

I work for a company A in UK for 6 years, its has headquarter in USA and branches around the world. The role in UK can be performed 100% from home.

My wife has health issue during winter months in UK, and also, my son during summer months. And so, my family has moved (except me) to sunny USA with F1 (my wife) and F2 (my children, age 15 & 13) visas.

I think we have the following options, please suggests other, if you can?

1) My family, currently in USA, to return to UK - which results in continuing health issues and children to find schools.
2) I move from UK to USA, without working visa - which results in financial issue, as I have to quit my job, as none of us are working.
3) I'm currently apply for internal USA jobs, and hoping for L1 visa - but with the current economics and company's strategy to reduce head count in USA, my chances are next none.
4) I'm currently apply for USA jobs with new companies, and hoping for H1B visa. With the economics in USA, this is slow as well as limited on quota on H1B being available.
5) Can I live in USA to unite with my family, and work remotely & paid by UK company? The work can be performed 100% from home by H1b caliber and with current technologies for call/video conference. Of course, there will be a handful of paperwork on tax in USA and in UK, depending on the number of days I stay in USA & UK.
6) Is there still such a thing as B1 in lieu of H1B/L1? if so, how does it work?
7) Investment visa (E2, etc...), how much do we need to invest for greater Los Angeles, CA? or can we obtain work permit if we invest with cousins' business (again, what kind of business and how much)?
8) Investment visa (E5), we don't have that sort of many!

So, options 1 & 2 are no go for us, and I am currently trying with option 3 & 4 - which may take sometimes or forever.
Does anyone know about the rest of the options? I appreciate your experience and advice, if you're willing to response?

Thanks in advance
Nathan

SarahG

If you want to work at all in the US then you will need a work visa so you will need to get a L or H visa. Otherwise you will not be able to any form of work. It does not matter where you are paid. If you are doing work in the US you need a visa. I do not know much about the investment visas so cannot comment there.

ian-mstm

No.


It doesn't matter where the company is or where the money is paid. All that matters is where you are when you're doing the work. If you're inside the US, you can't work without a visa that will allow you to work.

Ian

Michael

Although most come to the US on a L-1 or H-1B visas and then the company sponsors the family for green cards via an adjustment of status via EB1, EB2, or EB3, the process doesn't have to work that way.

Depending on your educational background and work experience, you may be eligible for a direct EB1, EB2, or EB3 visa without a company sponsor which allows your family to immigrate to the US. If you are classified as EB1 or EB2, the priority dates are either current or nearly current which means that you should be able to get an immigration visa fairly quickly and therefore green cards for the family (maybe 1 to 2 years). EB3 is much more difficult since it will take the priority date years to become current.

Once you get the visa, then you and your family would immigrate and any of you can look for a job without the worry of companies sponsoring you for visas since you will be legal permanent residents.

The following person recently immigrated that way on an EB1 visa and currently works as a self employed engineering contractor and his wife as a nurse. There are 5 pages of threads started by that person.

http://britishexpats.com/forum/searc...archid=5538329

If you are interested in that possibility, have a consultation with an immigration attorney to access your chances.

NathanTruong

Thanks for the responses, so far...

Is there such a thing as B1 with work permit for UK citizens (similar to option 6)?
and what about USA job agencies sponsorship for H1b (any recommendations)?

NathanTruong

Thanks Michael, but the link didn't work for me.

Brat1

Michael, I tried the link but it didn't work. How does that work, we are in EB3, and for that application, we HAD to be sponsored by an Employer. I'm now a bit confused..... Does that mean that an EB1 application, doesn't need an employer sponsorship??

Michael

Search the forum using advanced search looking for all threads started by GeoffM and you should see all the threads started by him.

Michael

This is what I think happens. EB visas do not require a company sponsor when filing directly for an immigration visa but in your case, you came on a H-1B visa and are adjusting status which then requires a company sponsor. I am not an expert so that is my best guess.

zerlesen

"Extraordinary Ability" EB-1s can self-petition, EB-2 people also can if they can obtain a National Interest Waiver. The rest of the time, the employer files the I-140, I believe.

Michael

On another recent thread, one of the BE members stated that any of the EB (1, 2, or 3) visas can self petition.

zerlesen

I missed that one. Filing your own I-140 in EB-2 (non-NIW) or EB-3 is a no-go, I think. (Although perhaps there are special cases?)

Whether or not the beneficiary is currently in the US should only affect what happens after the I-140 is approved - anyone can opt for consular processing, but those in the US in some other status can choose AOS. I recall reading somewhere that there might be circumstances under which a person eligible for AOS still might find it wise to go the consular route, but I can't remember what they were.

EDIT: I found a link, here. Not exactly reassuring that the page title is "Petition for Alien Relative," but there you go.

Michael

You appear to be right. I looked for the post that someone stated that a sponsor is not required (he's far more knowledgeable than I) but I couldn't find it.

Bob

Not for what you want it to be.

GeoffM

I'm honored that you remember me!

We did our application from outside the US but I think you're talking about switching from within the US? The latter I have no clue; the EB1A we did doesn't need an employer to sponsor. However, it does need an intention to continue in the field of expertise - which can be a job offer. In my case it was an expression of interest rather than an offer, plus a business plan - and I am indeed self employed (which brings its own challenges but that's for another thread).