Danny1c1

Hi

Hope your all well.

I've applied for a job in the US and been successful, so currently in the process of trying to make it happen, which at the moment isn't easy.

The job is based in NC, and would be living in Southern pines/Pinehurst area; so if anybody on here is in that area please feel free to get in touch. I have been to the area numerous times so i'm quite comfortable with making the move, but my wife and children haven't yet been there, so we are trying to organise a trip in November for them to check the area out and make sure we are happy; along with giving us the opportunity to look for houses, check schools etc. Obviously, this is difficult at the moment with absolutely no details released in relation to the opening of the borders. I'd like to book tickets now and keep my fingers crossed, conscious that the demand/price will skyrocket once details are released but it just feels too much of a gamble at the moment.

My main question is around visas. I currently hold an L-1 Visa as a result of working at the site previously. The company have stated that they want me on-site permanently from Jan 10th 2022. Currently my wife and children don't hold a visa. We are expecting that if I head over for January 10th, it may be some time before they can join me, due to the visa application process and the delays that could be present at the moment; the question is how long this could be and whether it is viable. She would be applying for an L-2 visa (I assume this would be the same for the children). I don't know if this would be a standard process or whether it would be sped up with them effectively being a dependant of somebody who already holds an L-1 visa with a blanket petition?

Apologies if these questions have already been asked before but I am just looking for some clarity in whats becoming a frustrating situation. I don't want the move to be scuppered by something stupid.

Thanks in advance
Danny

SanDiegogirl

So you already have an L-1 visa? Is this with the same company who has offered you a new job?

Danny1c1

Yes I already have an L-1 visa with the same company who have offered me a job. UK and US company are the same, just different business units. I would effectively be quitting my job in the UK and starting a new role in the US but I believe this is not an issue with the L-1 as I have worked for the company for atleast 1 year in the last 3.

SanDiegogirl

If your current L-1 is still valid for this new job , your wife and children would be applying for L-2's,
Not sure it would speed things up though; most applications are taking ages these days.
As you say, you could always go over first.

tht

As a minor point, UK and US company can’t be the same, it’s not possible to incorporate in 2 places. But this is a normal setup for visas, one is likely the parent group and the other county is a subsidiary / affiliate owned by the parent company. They may have the same name, but they won’t be the same legal / employing entity. US probably has corporation or LLC after the name, UK more likely to have PLC or Ltd.

I moved here on an L1a, I thought they were pretty role specific and that even a change in a role could impact the visa validity. The US employers lawyer should know if the visa is valid for the new role. How long ago was it stamped in your passport? I believe the maximum initial term is 3 years. I do recall something about recapture of time you were not in the US for renewals as well.

Danny1c1

No problem; yes we are completely expecting that I will have to head over first; we are just starting to question how long that period may be. Seems to be talks on other threads about 7 months. I'm hoping it can be sped up due to me already having the L-1 but as you say, everything seems to be taking an age now.

Danny1c1

Yes without going into too many details, it's a worldwide group, with different business units, as you say, LLC/PLC etc. In all honesty, I'm not that involved in the ins and outs at that level, but I have had numerous L-1's over the years with a similar setup and entered the US in March this year with my current L-1 with no issues. The lawyers working on it from the US side have stated that my L-1 will not be an issue and will be fine for me to enter and start work with. I have asked them about the L-2 and the length of time it will take also, I'm just waiting to hear back from them.

My current L-1 was issued in Aug 2019, with an expiry date of Aug 2024, with a PED Aug 2022.

tht

so likely a UK company with a US subsidiary.

so it sounds like you have a 5 year stamp in your passport, but the PED would mean you can only be admitted till Aug 2022 anyway. So they will need to file a new petition (I-140 for the “new” role anyway). If this is a PLC it’s likely got a blanket L anyway so that process could be pretty simple.

If you entered in March from the UK it sounds like you also have a NIE to not have the travel ban apply to you.

I thought if you had a valid L1 and PED you only need to fill in the DS160 for the L2 and then take proof of your L1/PED and marriage certificate / children birth certificates etc to have L2’s issued. The long pole now would likely be getting an appointment at the embassy. Others who have done this should know better. I did not bring a wife or children with me.

Danny1c1

Yes I had an NIE to enter in March. Company took care of most of the paperwork with this, I just filled in what I had to fill in. The journey/border crossing was relatively straight forward.

Yes if anybody has held an L-1 and then had their dependants apply for an L-2 afterwards, any advice would be brilliant. Id like to think it can speed things up; but as you say, the delay will likely be getting an actual appointment in London. Just hoping that it isn't a length of time that will make us rethink the actual move.

tht

I got the impression you had to visit the embassy to get the NIE not just fill in paperwork, but I no experience destone has done it as recall, need for that also goes away in November I believe. Since you have the L1 why can’t you submit for the L2’s today and get an appointment?. People have posted about being able to find appointments this year by checking 3-4 times a day every day.

Danny1c1

I already had my L-1 visa before applying for the NIE. I didn't go to the embassy for the NIE application, I basically just changed details where applicable, on a blanket document that the company had compiled, explaining why it was necessary for us to enter the US and why it was in the interest of the US economy. It seemed as though that, along with my visa, passport info, CV etc was compiled and sent off to await the approval from a senator (I believe). I may be wrong, but the companies lawyers, HR dealt with most of it so I'm not fully sure of the details.

That's effectively a question that I have asked the company in the US and awaiting an answer. Basically, we want to go over in November, ensure my wife and children are happy with the move, then sign contracts and start the process, at which point the US company will pay for all visa fees. My concern with starting the visa process at moment is that at the moment, nothing is official and the company will be reluctant to agree to paying visa fees until its confirmed that we will be going ahead, if that makes sense? Hoping to have this answered from the US imminently and ideally put into direct contact with the companies lawyers.

In an ideal world, we visit in November and confirm that we are happy to go ahead with the move, then start the visa process, hoping that the appointment will be approx 1-2 months later, so that they could join me in the US in late February, March time, but concerned that the appointment may be much later than that.

Rete

Yes there have been some and very recently. I know the wait was exceptional long for dependents' L-2's and there was some talk by them of seeing if they could get Consular appointments in Ireland which didn't/doesn't have as long a backlog. You can use the search function on the blue bar above.

tht

assuming your family are UK citizens? They can just do ESTA and go with you on visa waiver for a visit since they are not working. You can also do the same if it’s juts to look and not work.

S Folinsky

First sentence is wrong. It is quite common for foreign corporations to do business in one ore more states of the United States. That said, the foreign corporation must register with the second state(s) in which it does business. Many companies will be incorporated where corporate governance provisions are preferred. For example, many corporations are incorporated in Delaware but all their business operations are as foreign corporations elsewhere.

For intracompany provisions of the immigration laws, they can be with the same organization or as affiliated as parent/daughter or brother/sister or some permutation thereof.