kathp

Hi,

Both me and my partner (British citizens) have been offered jobs in the U.S for next year. Mine is a company transfer L1 but he will be taking a job with a new employer as he has a specialised job so would get a H1B. Incidentally we will be working for the same company when we go over there.

We have recently got engaged after a 5 year relationship and plan to get married next year, so I am wondering if it would be better for him to come out on a H1B (his own visa), or to come out on my visa as my spouse? (when we get over there we will be married by then).

I am essentially just wondering if he is better off having his own visa (H1B) or being on mine (L1A)?

Thanks

K

N1cky

I'd say come out on your own visa's. If your partner comes out on the back of your visa, if you lose your job (and thus visa) he loses his too, leaving you with very few options. If you each have an individual visa if one of the jobs goes away you each have the option of converting to a spouse visa.

kathp

Thanks that makes complete sense but I hadn't thought!!

So far his application from the company is separate, but we were just wondering whether to change it to go on my visa to speed things up and make sure we can go out together (at the same time).

anyway separate visa's definably sounds best.

Thanks

k

retzie

I agree that it would be preferable for you each to have your own visa. However, the H-1B cap has been met for this year, so unless he meets one of the exceptions, he wouldn't be able to apply until April or start work until Oct 2012.

kathp

yep - this will be for October next year now for him.

I'll be going earlier in the new year as I'm inter-company transfer.



thanks for the advice!

Bob

Get married and go over on L visa if they haven't already got the H1B, because this quota has been filled, they wouldn't be able to start till next year...and would they be willing to keep the position open for nearly a year?

As a company transfer, you should be able to negotiate a better relocation package, certainly with more safe guards regarding repatriation costs at least too.

N1cky

The law already protects you (slightly) on a H visa though, the company have to pay re-pat costs if you are made redundant on a H, they don't have to on an L

Bob

They only have to provide you with a flight home on the H1B, they aren't responsible for sending your shit and family home with you though.

If the company wants you to relocate, you are in a better position to negotiate than if you were the one asking, but still, either situation, negotiate hard.