L1 approval whilst in the US on VWP
#46
Re: L1 approval whilst in the US on VWP
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
#47
Forum Regular
Thread Starter
Joined: May 2010
Posts: 51
Re: L1 approval whilst in the US on VWP
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
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
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.
#48
Re: L1 approval whilst in the US on VWP
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.
#49
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Joined: Mar 2010
Posts: 361
Re: L1 approval whilst in the US on VWP
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.
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.
#52
American Expat
Joined: Jan 2004
Posts: 7,598
Re: L1 approval whilst in the US on VWP
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.
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.
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.
#53
Re: L1 approval whilst in the US on VWP
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.
The whole system is subjective, but you usually know unauthorized work when you see it, and I just don't see it here.
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.
#54
American Expat
Joined: Jan 2004
Posts: 7,598
Re: L1 approval whilst in the US on VWP
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.
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.
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.
#55
Re: L1 approval whilst in the US on VWP
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.
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.
#56
American Expat
Joined: Jan 2004
Posts: 7,598
Re: L1 approval whilst in the US on VWP
What constitutes the "all kinds of trouble" that came from it? Did she get denied entry? Did she get a lecture of some sort?
#57
Re: L1 approval whilst in the US on VWP
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?
#58
Forum Regular
Joined: Apr 2008
Posts: 53
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.
#59
Forum Regular
Thread Starter
Joined: May 2010
Posts: 51
Re: L1 approval whilst in the US on VWP
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.
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.
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
#60
Forum Regular
Thread Starter
Joined: May 2010
Posts: 51
Re: L1 approval whilst in the US on VWP
Are you sure? Can anyone else verify this? It seems beyond the remit of USCIS to specify where ones children are?