L-1 Visa advice

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Old Sep 3rd 2007, 1:52 pm
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Post L-1 Visa advice

Hi all

I am sorry to post a request for assistance as my first post and a fairly detailed one at that.

I have arranged a 2 year secondment through my current firm in Chicago to start 1 March 2008. I have signed the contracts internally and the visa process is now due to begin.

I understand that, in terms of a Visa application, the next step is for my firm to file the form I-129 L for my job (unless we have a blanket petition) and I will then be able to apply for a Visa on the back of a "Notice of Action form I - 797 A" or "B" that they will issue if the petition is accepted. I understand that they will also issue a notice to the consulate section of the US embassy in the UK.

It would appear to me that the two categories under which I could be deemed eligible would be "managerial" or "specialized" - "specialized" seems the most likely. Could you give me an indication of the expected time frames for my firm to file the petition, and an expected length of time that the US may take to respond? Obviously I am keen that this is accepted and if there is anything I can do to assist the process I would love to know about it?

Does anyone have any experience of the process they could share with me? Any thoughts on my chances of success? I am a 25 year old Chartered Accountant transferring at "Manager" grade.

I would also appreciate advice on things to mention/not mention in interview/on forms. For example - the fact that I have an American girlfriend - should I mention this? I will have been over to Minneapolis three times this year so it may look a little fishy otherwise? Also, what about the fact that I would consider making the move permanent in the future if I enjoyed my work and progressed well? I would not be going out there with the intention to make it permanent but it would seem to me that I would be stupid to say that it would never happen? Would the US immigration dept not be pleased that my skills could be permanently transferred into their economy?

Your thoughts are most welcome. Thanks all for your time.
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Old Sep 3rd 2007, 2:18 pm
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Default Re: L-1 Visa advice

Originally Posted by lj2
Hi all

I am sorry to post a request for assistance as my first post and a fairly detailed one at that.

I have arranged a 2 year secondment through my current firm in Chicago to start 1 March 2008. I have signed the contracts internally and the visa process is now due to begin.

I understand that, in terms of a Visa application, the next step is for my firm to file the form I-129 L for my job (unless we have a blanket petition) and I will then be able to apply for a Visa on the back of a "Notice of Action form I - 797 A" or "B" that they will issue if the petition is accepted. I understand that they will also issue a notice to the consulate section of the US embassy in the UK.

It would appear to me that the two categories under which I could be deemed eligible would be "managerial" or "specialized" - "specialized" seems the most likely. Could you give me an indication of the expected time frames for my firm to file the petition, and an expected length of time that the US may take to respond? Obviously I am keen that this is accepted and if there is anything I can do to assist the process I would love to know about it?

Does anyone have any experience of the process they could share with me? Any thoughts on my chances of success? I am a 25 year old Chartered Accountant transferring at "Manager" grade.

I would also appreciate advice on things to mention/not mention in interview/on forms. For example - the fact that I have an American girlfriend - should I mention this? I will have been over to Minneapolis three times this year so it may look a little fishy otherwise? Also, what about the fact that I would consider making the move permanent in the future if I enjoyed my work and progressed well? I would not be going out there with the intention to make it permanent but it would seem to me that I would be stupid to say that it would never happen? Would the US immigration dept not be pleased that my skills could be permanently transferred into their economy?

Your thoughts are most welcome. Thanks all for your time.
Hi there - very briefly, I forgot to add that I have some significant debts in the UK and that I make payments on them every single month which I will keep up when in the USA. I shall be keeping my UK bank ac open and transferring about £1,000 back to the UK each month to cover these debts and a little extra for my family.

I will be earning $103,000 so this still leaves me living fairly comfortably in the US.

What do people think of this? Should I try to keep these debts hidden or should I mention them?

I won't lie about anything, if the question is there I will respond truthfully, I guess it's just about what I volunteer...
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Old Sep 4th 2007, 8:18 am
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Default Re: L-1 Visa advice

Hey guys.... any thoughts at all would be useful by the way...
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Old Sep 4th 2007, 8:04 pm
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Default Re: L-1 Visa advice

I have just been through the L1B visa Process.

You're right about the I129 - your company or company's lawyer will complete this and send it off to USCIS. They will most likely want to have a copy of your passport and coy of your CV. This can also be filed under premium processing for an extra $1000 and they guarantee that they will give you an answer within (I think) within 21 colander days.

There response will either be a 'yes', a 'no' or a 'need more info'

Once they have said yes, you need to phone the Embassy and make an appointment for an interview. You might have to take a while for this, but in the meantime you will get your I797 mailed to you.

When you go for your interview, you will need to take this, a copy of your I-129 a completed DS156 and DS157 and all the other paperwork you have. Make sure you you get a copy of everything that they sent and read it before you go for your interview so you know what they have said about you.

At the interview they will ask you a couple of simple questions which you will easily be able to answer.

If you are only going there for 2 years, it dosent matter if you have L1A or L1B. Managerial position would be an L1A though. Only difference is that L1A can stay up to 7 years as opposed to the B variant which is only good for 5 years. Also, L1A allows you to bypass PERM labour certification if you wanted to remain in the US and apply for a greencard.

They wont ask you any questions about your girlfriend as far as I can remember, nor will they ask you about any UK debts. Dont volunteer any information that they dont ask for.

L1 visa is duel intent, which means that you have the option of applying for a greencard at a later date. They wont ask you if you plan on doing this or not - although I believe that they may ask you how long you plan to say. I would get them to say you will be out there for 3 years (this is the max before getting an extension) as I am not sure if they will will still give you the 3 years if you and your employer say you are only going for 2.
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Old Sep 4th 2007, 8:10 pm
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Default Re: L-1 Visa advice

Originally Posted by lj2
Hi there - very briefly, I forgot to add that I have some significant debts in the UK and that I make payments on them every single month which I will keep up when in the USA. I shall be keeping my UK bank ac open and transferring about £1,000 back to the UK each month to cover these debts and a little extra for my family.

I will be earning $103,000 so this still leaves me living fairly comfortably in the US.

What do people think of this? Should I try to keep these debts hidden or should I mention them?

I won't lie about anything, if the question is there I will respond truthfully, I guess it's just about what I volunteer...
Ours took about 6 weeks all together i think - that was premium processessing though. Dont think the debt is an issue? It should help anyway as you need to show ties to the UK from memory? They wont ask though I dont think!
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Old Sep 6th 2007, 8:46 am
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Default Re: L-1 Visa advice

Thanks for your replies guys - have to admit I was starting to work myself up into a little bit of a worry about this whole thing, given that a refusal would mean had to stay here in this job with their knowing I wanted out I was getting fearful that I had made a horrendous mistake in applying....

Anyway, much more comfortable now! Turns out that we have a blanket agreement re: L visas and as such my firm's side of the process should take about 3 weeks apparantly. Then is my time....

Wish me luck people, I shall update once I have gone through the process as hopefully my experiences will help someone else in the future.

If anyone else reads this and has comments/advice to add I am always grateful.

KRs LJ
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Old Sep 6th 2007, 12:51 pm
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Default Re: L-1 Visa advice

Originally Posted by lj2
If anyone else reads this and has comments/advice to add I am always grateful.
Advice: ..Live within your means ....
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Old Sep 6th 2007, 12:54 pm
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Default Re: L-1 Visa advice

Thanks - advice that would have been more useful when I was younger.... Still, a lesson learned the hard way sticks right?!
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Old Sep 9th 2007, 3:59 pm
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Default Re: L-1 Visa advice

Hi there, i was wondering if you recollect filling out any medical questionnaire toward your L-1 visa or a L-2 for your wife. My company is transferring me to the US for a year but it also happens that my wife is pregnant. I wonder if this can be the basis of a rejection of the L-1visa. For the visa interview do both the L1 and L2 applicant need to go? Appreciate any info.
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Old Sep 9th 2007, 10:37 pm
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Default Re: L-1 Visa advice

Originally Posted by london2007
Hi there, i was wondering if you recollect filling out any medical questionnaire toward your L-1 visa or a L-2 for your wife. My company is transferring me to the US for a year but it also happens that my wife is pregnant. I wonder if this can be the basis of a rejection of the L-1visa. For the visa interview do both the L1 and L2 applicant need to go? Appreciate any info.
I'm sure your wife's pregnancy is irrelevant as far as immigration is concerned.

However, DO check up your US health insurance coverage - some plans exclude pregnancy as a pre-existing condition........ If so, you would want to make sure that you negotiate on this as even an uncomplicated birth in the US would cost you mega-bucks.
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Old Sep 10th 2007, 8:34 am
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Default Re: L-1 Visa advice

Originally Posted by Elvira
I'm sure your wife's pregnancy is irrelevant as far as immigration is concerned.

However, DO check up your US health insurance coverage - some plans exclude pregnancy as a pre-existing condition........ If so, you would want to make sure that you negotiate on this as even an uncomplicated birth in the US would cost you mega-bucks.
L1 and L2 applicants need to go to the Visa Interview... However, they didnt ask my wife any questions at all when we were there...
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Old Sep 11th 2007, 10:28 pm
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im the 'wife' of the L1 and im expected to be at the interview but our kids under 14 are not.
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Old Sep 12th 2007, 8:31 am
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Default Re: L-1 Visa advice

Originally Posted by MsElui
im the 'wife' of the L1 and im expected to be at the interview but our kids under 14 are not.
I'm guessing you would still have to take their passports though so they can put their visa's in...
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Old Sep 12th 2007, 8:45 am
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Default Re: L-1 Visa advice

yes i'll take the boys passports and their prefilled in forms etc - they just dont have to attend because they are under the specified age.
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Old Sep 12th 2007, 9:00 am
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Default Re: L-1 Visa advice

Originally Posted by MsElui
yes i'll take the boys passports and their prefilled in forms etc - they just dont have to attend because they are under the specified age.
Hopefully they wont charge you the $100 each fee...
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