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L1 approval whilst in the US on VWP

L1 approval whilst in the US on VWP

Old Mar 7th 2011, 6:37 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by dwhittles
Ok. What if we hire a nanny to look after the kids but my Mother-in law cooks the food? Is this a federal offence?

Or would they be "disrespecting the United States and its Laws"?
I wouldn't worry about it TOO much. Mostly it seems to come up when someone is coming to visit the USA to see the new grandbaby, and when asked at the POE, they answer "we are coming to help my daughter take care of her new baby". Then yes, the POE agents might consider that "working".

Since your parents are already in the USA and it's not likely USCIS is going to be asking them their intent while they're here, it probably won't come to anything.

However, as someone mentioned, YOU might be asked at your visa interview, where the kids are. Which might bring to light the fact that people on a B-2 visa in the USA are taking care of the kids, which is pretty much the same thing as my first paragraph.

Rene
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Old Mar 7th 2011, 6:42 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by Noorah101
I wouldn't worry about it TOO much. Mostly it seems to come up when someone is coming to visit the USA to see the new grandbaby, and when asked at the POE, they answer "we are coming to help my daughter take care of her new baby". Then yes, the POE agents might consider that "working".

Since your parents are already in the USA and it's not likely USCIS is going to be asking them their intent while they're here, it probably won't come to anything.

However, as someone mentioned, YOU might be asked at your visa interview, where the kids are. Which might bring to light the fact that people on a B-2 visa in the USA are taking care of the kids, which is pretty much the same thing as my first paragraph.

Rene
Sure Rene, I get that.

We already have a US nanny out here, so will make sure she is looking after the kids when we are in Europe. This is what we will say if asked at the Visa interview.

I didn't want to be seen to "disrespect the US" as Bilder was suggesting.
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Old Mar 7th 2011, 6:58 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by dwhittles
Bilder,

Are you telling me that every time for the last 5 years that we have visited my wife's parents in the US and left the house for a few hours leaving our kids with their grandparents that they have been commiting a federal offense?!!?

Get a grip
Look, this is clearly a gray area and you are going to have to make the call and live with the consequences. People bring up potential pitfalls (and some people feel more sure about their replies than others) so that YOU know what to explore more.
You have a lawyer. I don't see what the problem is with discussing these concerns with him/her and then just going and doing whatever you are going to do.

This thread is spiraling toward closure because of the personal nature of some of the comments. Please remember this is just a conversation. We share information in the hope of helping each other.
thank you.
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Old Mar 7th 2011, 7:30 pm
  #49  
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by meauxna
Look, this is clearly a gray area and you are going to have to make the call and live with the consequences. People bring up potential pitfalls (and some people feel more sure about their replies than others) so that YOU know what to explore more.
You have a lawyer. I don't see what the problem is with discussing these concerns with him/her and then just going and doing whatever you are going to do.

This thread is spiraling toward closure because of the personal nature of some of the comments. Please remember this is just a conversation. We share information in the hope of helping each other.
thank you.
Haha, honestly? Again? It wasn't that bad. I am trying to be better.
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Old Mar 7th 2011, 7:36 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by BILDER
Haha, honestly? Again? It wasn't that bad. I am trying to be better.
Well, you know what Yoda says: There is no try. There is do, or not do.
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Old Mar 7th 2011, 7:39 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by meauxna
Well, you know what Yoda says: There is no try. There is do, or not do.
OK master. I will do better!
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Old Mar 8th 2011, 12:39 am
  #52  
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by BILDER
Who the heck will take care of his kids? The grandparents CANNOT do so. It looks like the OP is ready to commit Federal offenses even before he has any work status here in the US. I cannot see how anyone (who has any comprehension of the laws) can encourage him to do this.
OP do not let the kids' grandparents take care of them in the interim. Take them with you. A little bit of inconvenience is no excuse for committing a serious offense.


It looks like you have not bothered to ask your attorney about this. I seriously hope you won't break the law. Proceed with caution.
I don't see an employer/employee relationship between the grandparents and the parents. It's not like they imported a neice who they normally employ as a nanny to do it. Are you claiming that grandparents can never visit the US with their grandkids because it is work to watch them?

The whole system is subjective, but you usually know unauthorized work when you see it, and I just don't see it here.

I am a US citizen who resides outside the US. I am currently visiting the US and could have brought my foreign housekeeper with me as a B-1 on this trip if I felt like it without work authorization.
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Old Mar 8th 2011, 12:44 am
  #53  
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by crg
I don't see an employer/employee relationship between the grandparents and the parents. It's not like they imported a neice who they normally employ as a nanny to do it. Are you claiming that grandparents can never visit the US with their grandkids because it is work to watch them?

The whole system is subjective, but you usually know unauthorized work when you see it, and I just don't see it here.
I'm probably the only one here that agrees with crg.

I understand that sometimes legal matters are not as intuitive/straightforward as one hopes, but I'd think the relationship between the kids and the caretakers will matter. Grandparents and the kids will be different from say, a family friend and the kids, and even more different from a stranger and the kids.

Alright...we're totally going off the tangent now.
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Old Mar 8th 2011, 12:59 am
  #54  
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by lifehouse51
I'm probably the only one here that agrees with crg.

I understand that sometimes legal matters are not as intuitive/straightforward as one hopes, but I'd think the relationship between the kids and the caretakers will matter. Grandparents and the kids will be different from say, a family friend and the kids, and even more different from a stranger and the kids.

Alright...we're totally going off the tangent now.
The funny thing is that I'm usually considered to be the alarmist who spouts warnings.

As a side note, I suspect that the OP may already be doing some sort of work with the L-1 employer that, if it be known, would be considered a violation. The circumstances seem a bit odd to me overall. It's too common for people with pending L-1 to put the cart before the horse and start working before they are allowed to.

Last edited by crg; Mar 8th 2011 at 1:05 am.
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Old Mar 8th 2011, 1:11 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by crg
I don't see an employer/employee relationship between the grandparents and the parents. It's not like they imported a neice who they normally employ as a nanny to do it. Are you claiming that grandparents can never visit the US with their grandkids because it is work to watch them?

The whole system is subjective, but you usually know unauthorized work when you see it, and I just don't see it here.

I am a US citizen who resides outside the US. I am currently visiting the US and could have brought my foreign housekeeper with me as a B-1 on this trip if I felt like it without work authorization.
I read on another website where someone was over on a fiancee visa and was going to go take care of her future MIL for a week while her carer went on vacation. All kinds of trouble came from it. I don't see that this situation is any different to that.
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Old Mar 8th 2011, 1:25 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by N1cky
I read on another website where someone was over on a fiancee visa and was going to go take care of her future MIL for a week while her carer went on vacation. All kinds of trouble came from it. I don't see that this situation is any different to that.
The K-1 was specifically replacing a paid caregiver and therefore displacing a US employee who should have filled in for the vacationing caregiver.

What constitutes the "all kinds of trouble" that came from it? Did she get denied entry? Did she get a lecture of some sort?
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Old Mar 8th 2011, 2:17 am
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by crg
The K-1 was specifically replacing a paid caregiver and therefore displacing a US employee who should have filled in for the vacationing caregiver.

What constitutes the "all kinds of trouble" that came from it? Did she get denied entry? Did she get a lecture of some sort?
How is caring for your MIL for 1 week, any different than caring for your Grandkids for 2 weeks?

I don't remember the outcome, just remember reading it. As already stated its up to the OP what risks they want to take. It's a bit like driving with no insurance, chances of getting caught are slim, but do you want to take the risk?
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Old Mar 8th 2011, 12:11 pm
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Default Re: L1 approval whilst in the US on VWP

I am not sure of the situation with children on an L1/L2 visa, but I am fairly certain that with E2 visas, even though children are not required to attend interviews, they are required to be in the country the interview takes place in! I have known people renewing these visas to be specifically asked the whereabouts of their children at the time of interview and being asked to produce their passports. Personally, I wouldn't risk leaving my children in the US, but as has been said, everyone makes their own choices and lives with the consequences.
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Old Mar 8th 2011, 11:42 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by crg
The funny thing is that I'm usually considered to be the alarmist who spouts warnings.

As a side note, I suspect that the OP may already be doing some sort of work with the L-1 employer that, if it be known, would be considered a violation. The circumstances seem a bit odd to me overall. It's too common for people with pending L-1 to put the cart before the horse and start working before they are allowed to.
CRG, I was just thinking you were one of the nice ones!

I am not actually working. I own the foreign company petitioning my application and am currently in the US looking at potential start-up opportunities.

I am also aware of what constitutes work in the eyes of the authorities
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Old Mar 8th 2011, 11:45 pm
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Default Re: L1 approval whilst in the US on VWP

Originally Posted by janette
I am fairly certain that with E2 visas, even though children are not required to attend interviews, they are required to be in the country the interview takes place in!
Are you sure? Can anyone else verify this? It seems beyond the remit of USCIS to specify where ones children are?
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