JEM3110

My husband and I have been in the States for 2 years on L1/L2 visas. He works for a large multi-national company but his division looks likely to be sold off.... We are concerned that we will have to return to UK if this should happen, neither of us want to go back as all the family love it here!!!

If the company decides to sell, could we stay on our existing Visas and my husband work for the new owner?

Obviously this is all speculation at the moment but we would appreciate some info because if it came to the worst, we would have to sell our home and with the current housing market this is very worrying....
Any advice or personal experience on this matter much appreciated!

Pennywell

Gone through this and the answer is no. On L1/L2 visas you are tied to the company. If you want to stay here quickest route is GC which needs to be sponsored by the company. Our GC's took 6 months going from L1a to EB1. Sorry that this has happened to you, especially since you like it here. H1b is another option but that has severe implications to the trailing spouse. Good luck and hope it all works out for you.

Just re-read your post it could be OK but if you all enjoy it here go for GC's. It takes away a lot of uncertainties.

JEM3110

That's what we kind of thought, that he/we are tied to the company.... In hindsight, we should have got the Green Card ball rolling sooner...We are so NAIVE - should have found this web site before coming over! Then we would have tried for the H1b. He has had job offers elsewhere in the US but we understand he cannot pursue these unless we go back to UK and he works for the new company for 1 year, does anyone know if this is correct?

Many thanks for your quick response I am going out of my mind with it all!

chicagojlo

No he can pursue the other job offers but he will have to get the H1B to take any of them, which as you may or not know involves a lottery on one day of the year, for a visa which is valid 6 months later. So he would have to apply on April 1 for a visa which would start Oct 1, but as I said it's a lottery and there really is no guarantee that you will be lucky. The next visas come up on April 1 2009 for an Oct 1 2009 start date, and again there are no guarantees. And as soon as the L1 becomes invalid you have to leave the country so he'd have to wait for the H1B to come back.

The working for a year thing is to get another L1 visa. That is an easier visa to get but it involves working for the company overseas for a year as you already know.

Selling a division and splitting off the staff does take time. Long enough to get a EB1-C GC application rolling. If they would be willing to do that then they'd probably be willing to work out a way for him to stay employed with them until it was sorted, via secondment etc.

Have you asked your lawyers about this? They might have some trick up their sleeve for you.

JEM3110

Many thanks for the great info and advice. While things are still "up in the air" we will initiate the Green Card process and see what happens.

chicagojlo

Don't forget that a GC doesn't mean you have to stay here forever. It just gives you more options. Sure getting the papers together can be a hassle but not as much as going back to the UK would be, especially if you don't want to leave.

JEM3110

That is a very good point! We are very frustrated with things being out of our control, and we are not ready to be booted out JUST YET! At least with a GC, we decide if we want to stay or go, (we may not love it here so much in a few years time).

Feeling more positive!

Awesome Welles

Not wishing to pop anyone's balloon, but the green card petition is instigated by the employer, not the beneficiary, surely?
Without a willing and co-operative employer, transition from L-1 to GC won't fly. Hopefully, the current employer (and L-1 petitioner) can be persuaded to initiate GC process before they sell-out.

chicagojlo

That's what I meant. If they went to the effort of bringing you over there is a chance they will be willing to do that. Although I've heard of others who applied by themselves and just got their employers to sign the appropriate forms, paying for it all out of their own pocket. If you really want to stay...

JEM3110

I'm hoping his employer can be persuaded to sponsor us and sign this off, I mean, he has worked his tail off since relocating here! Then I suppose that means diddly squat in this day and age! Failing that, we could fund it and try and get them to sign - cheaper than going back to UK

chicagojlo

Yes it's one of the unfortunate pitfalls of the L visa. Easy to get but you're screwed if you lose your job, your fault or otherwise. Any new L visa holders reading this should take note that you need to get your GC ball rolling asap after arriving!

ian-mstm

Good luck to you! If you do start to look seriously at the H-1B visa you need to know that as the spouse, you will *not* be allowed to work on your derivative H-4 visa... and it's not known as "H-4 Hell" for nothing!

Ian

JEM3110

Thanks, I was wondering about the implications for me with the H.

Pennywell

As the wife of a previous L1 visa holder I can completely understand your worry. As the L2 has no influence, other than with their partner, over their destiny. Take a step back and ask the following questions ( I'm trying to be logical)
1. I worked in pharmaceuticals for many years and my resume reads " now a division of or company bought by ........ ". Remember buy outs happen all the time but the investors are taking on a package which includes staff etc, etc..
2. Workplace gossip is dangerous and unless the company is going tits up, it is normal for co-workers to spread uncertainty.
3. Get your husband to talk to HR. Hopefully you have a repratrionisation clause in the contract. Remember, his skills were needed here. The company does have to sponsor for GC's but if need be pay for it yourselves, we did. Total LPR 6 months.

Feel for you, I hated the restrictions on L2 but H4 is a nightmare from what I've read and heard. Get your OH to talk to his manager/ HR asap. It may be unpleasant but at least you know.

Best wishes.

chicagojlo

Yes I would take L2 over H4 any day of the week.