L1 Visas and transfer of the business to a new company
#1
Just Joined
Thread Starter
Joined: Apr 2008
Location: Hampshire, wishing it was New Hampshire
Posts: 20
L1 Visas and transfer of the business to a new company
Firstly, my apologies if this has been covered, but I am having a hard enough figuring out how to ask this question. Here goes though...
I have been working for a company for the past 6 months. This company have offered to sponsor me for an L1 visa once my 1 year term is up. However, they are now in the process of moving a number of employees back to the client we have been providing outsourcing services to. I am one of these employees.
My question is in two parts;
Firstly..
If I am still employed by my current employer when the 1 year is up and they successfully sponsor me to move to the US and I am then 'transitioned' over to the client whilst in the US, would the L1 visa still be valid or would I have to return to the UK and work for my new employer in the UK for another year before I could be eligible for another L1.
The second part of my question is this..
If I transition to the client before the 1 year is up, would the time I have already served with my current employer still be valid and would I be able to transfer after a further 6 months with the new employer. In the UK, under the TUPE Law, I believe it would be, but I'm not sure whether the US has a similar view on things.
Any help on this would be greatly appreciated...
I have been working for a company for the past 6 months. This company have offered to sponsor me for an L1 visa once my 1 year term is up. However, they are now in the process of moving a number of employees back to the client we have been providing outsourcing services to. I am one of these employees.
My question is in two parts;
Firstly..
If I am still employed by my current employer when the 1 year is up and they successfully sponsor me to move to the US and I am then 'transitioned' over to the client whilst in the US, would the L1 visa still be valid or would I have to return to the UK and work for my new employer in the UK for another year before I could be eligible for another L1.
The second part of my question is this..
If I transition to the client before the 1 year is up, would the time I have already served with my current employer still be valid and would I be able to transfer after a further 6 months with the new employer. In the UK, under the TUPE Law, I believe it would be, but I'm not sure whether the US has a similar view on things.
Any help on this would be greatly appreciated...
#2
BE Enthusiast
Joined: May 2005
Location: San Diego, CA
Posts: 349
Re: L1 Visas and transfer of the business to a new company
I think it depends on the exact nature of the relationship between your employer and the client. Have a look at the following article:
http://www.uscis.gov/files/pressrele...Act_062305.pdf
http://www.uscis.gov/files/pressrele...Act_062305.pdf
#3
Re: L1 Visas and transfer of the business to a new company
my husband came across on an L1a. He originally worked for an outsourcing company on a particular client but when the outsourcing contract was terminated he was 'insourced' to the client under tupe rules. When the client filled in his L1a application they used the date he insourced at the client firm (not his original start date) as the emplyment start date on the form. I didnt worry to much about it as either way he had enough service under the client anyway so i dont know if the clients used the right date or not.