Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

Hi everyone,

After being in Houston for some 9 months, our company has taken a major change in strategic direction and is closing our office here. They've asked me to return to the UK in the next few weeks/months. I am trying to find ways I can potentially stay, but I'm hitting the same issue: availability of H1B visas.

I'm currently here on an L1a, my wife is here on the L2, and we are both able to work- which is great. Unfortunately (and I've been beating myself up over this since the day we heard the bad news), I never did negotiate into my ex-pat conditions any application for green card. With the business closing shortly, that's probably not an option now either. Stupid me. :(

I've plenty of job opportunities here, but the visa just continues to be an issue. A couple of companies have even offered me a role back in the UK for 18 months after which they'd look to bring me over here again on the same L1a I'm currently on, on the basis that they would not be able to secure an H1B.

My wife is also employed by people who really want her to stay also - but because she isn't in a skill-shortage, I doubt any kind of sponsorship there would prove succesful - but I could be wrong.

I'm trying to understand why this is so problematic - is it to do with the quota and the timeline I'm on, and is it unlikely you could apply now to even be considered for the October quota?

At the moment it looks like we're going to return to the UK with a view of potentially coming out again. But it's a lot of upheaval, especially as there are plenty of parties who seem to want us to stay.

Does anyone have any advice? Are there other ways and means? Even thinking creatively (sending wife to university etc.) I can't seem to find a way of doing it in the next few months...

All advice appreciated!

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

The H-1B visas were oversubscribed as soon as they start accepting applications on April 1 (all applications during the first week were considered as if received on the first day) and then a lottery was held to determine who would get the visas. So currently there is no chance to get a H1-B visa.

Can any of the companies that are interested hire you on an E-2 visa which also allows the spouse to work? Sometimes companies forget that they may be able to hire someone on a E-2 visa.

If the E-2 visa is not possible, then the next best solution would be to accept a job with a company that will hire you to work in the UK for 18 months and transfer you. With the L-1 visa, your spouse can work but not if you are working on a H1-B visa.

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

Unfortunately the "deal" with transferring from L-1 to H-1B is the worst of both worlds: your time in L-1 status counts towards the 6-year maximum for H-1B, but unlike an H-1B transfer or renewal you don't get to skip the quota, so unless it's a cap-exempt employer the earliest you could start in H-1B status would be October 2014.

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

If you moved to the UK now and started work for a company, they could transfer you over in 12 months rather than 18.

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

It wouldn't be the same L1A visa you're currently on. It would be a new one.

Rene

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

Thanks everyone. Sounds like you all confirmed my suspicions. I'll look into the E-2 visa a bit more, but at first glance I'm not sure it fits what I do too well. :(

Thanks for the advice.

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

I'm not sure of the criteria for hiring someone on an E-2 visa. It may require that they going to be pumping a significant amount of money in to new projects, building or expanding plants, and it may only be available for certain positions. Some companies seem to use that visa often while others don't use it at all.

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

It would have to be an E2 business.

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

Someone on BE within the last 6 months got an E-2 visa which if I remember correctly was for Rolls Royce.

Here is the thread. See post #7 and further posts where others claimed to be on an E-2 visa also and Folinsky explains it further.

http://britishexpats.com/forum/showthread.php?t=737051

Normally I skip over Folinsky's posts since I usually don't understand them but this time he is pretty clear.

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

Rolls Royce may well be a treaty investor.

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

Did you read Mr. F's explanation?

E-2 also allows for employees who share the same nationality as the company.

From that statement, it appears that a Brit may be able to get an E-2 visa if the parent company is British.

There may possibly be other stipulations such as the company must have invested in manufacturing plants or research labs which may eliminate outsourcing companies or financial instructions from applying for E-2 visas.

Re: Changes in circumstance - what's the deal with H1B visas if I'm already on an L1?
 

And a treaty investor.