iandallimore

Morning all,

I've started putting in the ground work for a Inter-company transfer from Ford UK over to Ford US (based in either Ohio, California, or Michigan) and was hoping someone might be able to clear something up.

I've been told that technically to make this move, legally I will be resigning at Ford UK and accepting a Job at Ford US at the same level, unsure how true this is (as it's not something that happens regularly), but apparently that's how it works for those not at a management level.

I read the thread regarding the "rule of thumb" of two years of employment before moving to another job - would this apply in this situation? Unsure what visa i'd end up going out on, either a employment immigration or L visa, I assume this rule of thumb only applies to the employment immigration visa and not to the L visa?

Hope this makes sense, Thanks.

yellowroom

I think this is fairly standard for employees moving about the globe, ie you have a contract for whichever country you work in. As long as Ford UK and Ford US are part of the same global company then the two years work in the UK are fine for the L1 visa - it's what it was designed for.

When I moved on my L1B, I signed a new contract with the US company and "left" my UK company - got a P45 and everything. When in Virginia I was on US t&c, albeit with added "global employee expat t&c".

I returned to the UK with the same company and signed a new UK contract, eg new pension pot, goodbye old final salary pension. However, HR records still show me as an employee first starting with the company over a decade ago, with continual service since then in various locations.

Does that help?

iandallimore

Apologies maybe I should have been a little clearer.

I'm referring the the rule of thumb to work in the US with the company you obtained your visa with for a minimum of two years in the US, prior to moving to another job elsewhere in the US.

yellowroom

you reference another thread - do you have a link so we have context to your question?

I've never heard of such a rule for L1 with USCIS, although that doesn't mean it doesn't exist. I have heard of employers requiring two years service in the US to ensure it is worthwhile moving you (or you have to pay back your removal/relocation costs).

If you are on an L1 visa, you cannot move to another job in the US on that visa. But there is, as far as I am aware, no time constraint with USCIS if you/a new employer wants apply for another visa, over and above the usual requirements for the new visa (eg the April timeline for H1B applications).

I'm not sure what you mean by 'employment immigration' visa? Do you mean EB-x?

ian-mstm

Unless there's a law that specifically mentions it or it's written into your contract, then it's a simple courtesy - and nothing more than that. Indentured servitude was abolished in the US in the mid-1800s.


You are always free to take another job.

Ian

iandallimore

This is the thread i was looking at, though after another read i feel i might have gleaned the wrong idea from it.

http://britishexpats.com/forum/us-immigration-citizenship-visas-34/fired-right-after-getting-green-card-advice-needed-19101/

Pulaski

.... if you have a visa that allows it. L-1 visas are not transferable.

yellowroom

Yes, you got the wrong idea. That person was in a totally different situation as they were a permanent resident not a visa holder.

ian-mstm

True, but I didn't say anything about a transfer. I said only that he's free to take another job.

Ian

iandallimore

Understood. L-1 visas are not transferable. If I go out with Ford I stay with them. Thanks very much.

Pulaski

OK, so, to be clear, the OP would be tied to the employer who sponsored his visa unless/until he (i) leaves the US, (ii) finds another employer to sponsor a visa (which by definition can't be another L-1, unless he switched roles within the same company), or (iii) obtains permanent residence either by employer sponsorship, marriage to a USC or another permanent resident, or (for completeness of answer) success in the green card lottery (if eligible), or he has a child who is a USC who reaches the age of 21 and sponsor him.

yellowroom

did you mean to quote me, or is this in reply to ian-mstm?

Pulaski

I meant to quote you .... It was a follow-on thought from what you posted.

TheKingOfHearts

Hey all,

So I just moved to the US on a L1-B, intracompany transferee, In order to qualify for the L1-B I had to have worked for the company for more than 12 months continuously in a 3 year (I think?) period.

As part of the sponsorship for work, one of the paperworks I had to take with me was an authorised list of legal entities all under the same company (In your case, Ford) so long as I worked for one of those, it didn't matter which country payroll (for US law, may do for internal policies) or what currency I was paid in. That being said, the process was very costly (Visa fees to the embassy alone are around $700) and the paperwork was fairly massive. End-to-end even with Fragomen as the legal advisors, processes took around 6 weeks. As others have said, L1 is likely your best option, but will require you to remain with Ford.

Hope this helps!

scrubbedexpat099

I can see how he was confused.