Orangepants

Hi,

Our situation is the following:
My fiance is on a H1b, just extended for another 3 years. He has just submitted PERM papers so really early stages.
I am hoping to get an L1b transfer, having completed 14 months working for the US company in London. (Job offer and application frozen due to bank merger and desperate economic climate).
We will be getting married next year.

My fiance will no doubt run out of time to get the green card. So if I am successful in getting an L1B ( having 2 failed attempts on the H1b lottery 2007/8 I am used to disappointment) and his application has not reached a place where he can get extensions, can he get a b2 to stay in the country and not work?
He works in the soccer world and he has many Caribbean and UK connections so would work every now and then (overseas) and we could show a healthy financial situation when applying for the visa.
He has no links to the UK having left 11 years ago and we built a house in Charlotte.
I understand he can only stay 6 years in total whether in H1b or L2 status. His green card application can progress (after oct 2011) even if he wouldn't be employed at that time?
I was thinking that he could use the B1/B2 for 18 months whilst getting a Masters then perhaps apply for another H1b or perhaps my green card application may be at a stage where we could extend.

Any thoughts?

Purchasing that piece of land back in 2003 at the time seemed like a great idea, building the house was exciting but trying to live there has proved a nightmare. Wish we'd bought in Costa Rica now....

Noorah101

If he's planning to stay in the USA and get a Masters, wouldn't he need a student visa rather than a visitor's visa?

I don't believe he can get a B1/B2 for an 18-month stay, no. Most B1/B2's are admitted for 6 months only, and if he even qualifies for the VWP, it's difficult to get a B1/B2.

In my layman's opinion, that plan won't work.

Rene

scrubbedexpat099

Where is he doing his Masters?

I would have thought a B would be possible. But sounds like a F might be the one he needs.

augigi

If you got married, and you successfully got the L1 visa, he could get an L2 dependent visa and be able to work.

Orangepants

At the moment it's just a contingency plan if he hasn't reached the extension stage for the H1b. He's okay til Sept 30, 2011. Although he does want to do a sports psychology masters but he hasn't researched this fully.

I guess my question comes down to the possibility of changing status to another visa, whether a B or F after 6 years. Does the 6 year rule necessitate a year away from the US before he can get another visa, of any type?

The banks lawyer suggested he transfer onto my L1 if/when I get it but he still could only accumulate 6 years and if he stayed with his H1B he could at least (maybe) get extensions.

When I go to Charlotte in 2 weeks I have an appointment with a lawyer so I will present all my various scenarios then.

NB. OH is thinking about putting a pool in and I say we should wait to see whether we have chance of green cards or at least a few summers to avail of it!!