ryanthelion84

...but will it stay on course?!

OR

will it smash violently into a metaphorical iceburg and plunge into the depths of the ocean accompanied by a somewhat ironic rendition of Celine Dion's My Heart will go on?!

WE SHALL SEE!

Monday I heard from the hiring manager in Florida for the company I currently work for in the UK about a role I had applied for...this came completely out of the blue as I'd applied a month back and heard nothing...

Anyway, today I had a rather positive first interview over the phone and it is entirely reasonable to be optimistic about moving to interview round 2, essentially a peer interegation designed to determine if i really do live up to my resume!

SO...I'm back...for now...to bore you with hopefully more L1 progress and to serve you up another round of questions which I'm certain will received well rehearsed answers as I promise you most of them are nothing new!

Here goes....

1. The Global HR dept at the company for which I work have already confirmed that an L1 visa application is something that the company will accomodate...now in asking I did not elaborate about wife/kids however this is something that will be raised dependant on the seriousness of my chances of getting the job...what I'm intrigued to know therefore is how can I calculate the cost of the L1 and 3 x L2's that my family and I would require...(I gather this does vary based on visa attorney used?) as I'd at least like to get an idea of the cost the company would have to pay...

2. How is the term of the L1 negotiated...for some reason I have both 3year and 7year in my head...

3. My wife is currently pregnant and we are due in January 2011, now I've had discussions on here before and the decision has been made that birth in the US is out of the question due partly to chances of insurance coverage and mostly to the US interpretation of childbirth. My question then is really several questions:

a) Can the L2 visa for my future child be obtained in principle?
b) If not how easy will it be to obtain this, or indeed one for wife + 2 kids after my L1 has been approved?
c) Do my dependants have to arrive on their L2's the same time I do on my L1? i.e. is it possible for me to fly out a few weeks ahead of time, establish myself in my new job and begin to setup home, in order to fly to the UK for the birth (negotiated with employer hopefully!) to then have my family fly over to our new home all together, or indeed for them to follow soon after my return?
d)variations of the above.

4. What is the process and indeed cost of obtaining a greencard off of the L1 as this is something I'd like to tie into my contract with my employer?

A lot of waffle but answers appreciated!

Thanks all.

Ryan

JCraigFong

First, congratulations on the baby. Next, I am NOT AT ALL SURE I can fathom what you mean by "the US interpretation of childbirth." We tend to follow the definition used by US physicians: the act or instance of giving birth to a child; parturition." I suspect that the UK uses the same interpretation.

If you're asking whether a child born in the USA would be a US citizen, the answer is yes. And if you,re asking whether the child would also be a UK citizen -- assuming that you and your wife are citizens of the UK -- then I would also say yes.

If your company will provide you (and family members) with health care coverage, then you can choose your venue for giving birth. (No commentary here about the US healthcare system vs. NHS.) However, you should be ABSOLUTELY certain that your healthcare coverage will be in effect by the time of the birth; many companies have a 90 day effectiveness window, or some such.

No, the visa would not be obtained in Principle. It would have to be processed in London. (Sorry: I couldn't resist.) Yes, of course, your future child -- assuming s/he is born in the UK and would not be a US-born citizen -- would qualify as an L-2.

If you are approved as an L-1, your spouse and dependent children under the age of 21 will obtain L-2s, unless they're inadmissible due to a criminal record or some such. Typically, principal visaholders apply for their dependents' visas at the same time as their own visas.

No.

Yes.

Best of luck.

--J Craig Fong
Los Angeles, CA

ryanthelion84

Hi and thank you for the quick response!

In short to ensure I an interpreting your responses correctly I would only be able to apply for an L2 for my existing dependants at the time I apply for my L1...however I would have to wait to add on my newborn once the physicalities of life outside the womb permit him or her to be treated by the immigration system as a real person? I would hope there is little pain or time delay involved in this although I suspect otherwise?

It's great to know that my wife can remain in the UK for childbirth despite her L2 and that of my existing child being 'active' as irrespective of insurance coverage this was always going to be the way we wanted to go...

For the sake of staying on topic and not wanted to cause a clash of opinion I shall not elaborate too much regards to my comments around 'child birth interpretations' other than to say the UK tends to be much more open and accomodating to parental wishes when it comes to the type of birth, at least if the parents are aware that they have the right to make such choices...

Finally...with regard to cost...do the L2's come supplementary to the primary L1 at no extra cost or is there a processing fee associated? I am just trying to understand what I am expecting my employer to have to spend out...

Thanks!!

davidw76

Cost of L visas should be a few thousand USD including filing fees and lawyer fees. I guess it can vary a lot depending on lawyers used. I do not think that the number of L2s should make much difference. Bear in mind that the cost of getting you green cards will be considerably more (10 to 20k or so).

L1 is usually issued for 3 years and can generally be extended for 2 more giving you a total of 5 in which to either get your green card or return to the UK. These days that's +probably+ going to be more than enough time to get the green card as long as you can apply in EB2 category (Masters degree or Bachelors + 5 yrs progressive experience).

We arrived here on L visas when wife was more than 7 months pregnant (requires letter to airline from her doctor). We had no problems getting covered immediately through employers health plan. Your child would then have dual citizenship which is worth considering. If you have the child in UK then you will not be able to travel until the baby reaches a certain age (3 months I think).

Expect to be here for 3 years or so before you get a green card.. thats if your employer is willing to begin the process immediately. The process is complicated and there are no guarantees..

http://en.wikipedia.org/wiki/Permane...ent-based_visa

Good luck

meauxna

He thinks we don't do water births here. But thanks for the new vocabulary word!

ryanthelion84

Not strictly true...I just know there are more obstacles to face...there are no guarentees my employer healthcare would cover it...if it does great...but it's doubtful it will cover all the deviations from the norm we would want...home birth, birthing pool...drug free pain relief and relaxation techniques etc...

Regard to flying to the states with a child under 3 months...no issues whatsoever....unless your implying there would be a hold up in the L2 process due to age? - We flew out with my eldest daughter on vacation to FL @ 7 weeks old and if we haven't emigrated already when we fly out on vacation in february 2011 new bubs will only be 3.5 weeks!

Hovik

Hi Ryan, your situation sound very much like my own. I replied to internal posting in Mars/April(?), and heading over there this weekend.

I'm not married, but my cohabitant is expecting in late December, and wishes to have the kid in our home country, close to friends and family. She's planning to stay 6 weeks to obtain passport + visa for the new family member after the birth.

1. Visa cost for your family members is roughly 150USD/head. Sounds like your company will pick up your costs. Your costs will also depend on if it's a L-blanket or individual L application, but is in the ballpark mentioned earlier.

Make sure your employer files for premium processing if it's and individual L, as processing takes 2+ months.

2. L visa is issued for 3 years initially, and may be extended to a total of 5 or 7 years ( 1B/1A ).

4. As mentioned, try to get GC into contract if it's what you want.


The biggest surprise obtaining my L-1 was how long the lawyer used to prepare the L-1 application, almost 2 months. It was during the summer, so
vacation, etc. might have delayed it a bit. On top of that, you'll have to expect at least 2 weeks processing ( priority processing ), 1 week to get all papers from lawyer, 1 week for embassy interview, 1 week to get passport back, etc. Things quickly take longer than you might expect.

Good luck

ian-mstm

Negotiate with your employer to ensure you're covered. Indeed, negotiate your entire package... including repatriation, holidays back home, air fare, relocation package, moving expenses, car hire until you can purchase one, rental accommodation until you get yourself settled, etc.

Ian

ryanthelion84

Hi Ian,

This is enlightening...I shall push for what I think is right but at the same time don't want to put myself out the running for the job due to the costs...relocation and moving expenses being the main one...insurance I shall be negotiating cover for the whole family and maybe vision/dental if it is reasonable...regards car and rental accomodation we would rent to begin with anyway and the job comes with a car....

holidays back home, air fares and repatriation I think may be pushing it....I assume by repatriation you mean the fee's for relocating home if things don't go to plan?

Hovik> Our situations do indeed sound similar! I'm under no illusion that the time to process the application may take a little time and again i'm hoping this doesnt play against me in the race for the job role...id like to win it on merit and not get turned down due to technicalities, but this is not an ideal world unfortunately...but fingers are firmly crossed!

I would like you to elaborate a little on an L-individual and an L-blanket visa though...

Essentially I am negotiating an L1 for me and 3 x L2s + a premium processing fee.......

ian-mstm

Yes, exactly.

Ian

davidw76

No hold up in L2 process.. I just vaguely remember being told that when we were deciding whether to wait for the birth or move here first. Might have been more of a recommendation than requirement and probably depends on the airline.

On the subject of the birth.. drug free pain relief and relaxation techniques were definitely offered to us here.. although to be honest, in our case, all that stuff went out the window when the pain started and it was more a case of "give me all the drugs you've got!"

I am pretty sure you could get covered because recent legislation here forces the insurers to recognize the NHS as an insurance plan, meaning you have pre-existing coverage and won't be subject to a 90 day exclusion period. Don't know if you'd be covered for home birth though. And I can definitely understand wanting to have your family around you at the time anyway.

We actually got enrolled in the insurance before we left the UK just to be sure. We even got a letter guaranteeing coverage for the birth.

By the way, the 3 years I mentioned for getting your GCs is probably too conservative. My colleague just completed his process in just under 2 years (EB2 category).

Cheers

ryanthelion84

Thanks for the advice David...thats good news RE the NHS and also regards to the more natural birthing techniques...I know things are improving state side...as they are here (medical practioners here that do not support such things are still plentiful too!) but I have heard some horrible stories! it's the family thing that matters most and to be honest, from what I've heard about L1 processing, even on a premium fee it may be jan before things start to happen anyway!

EB2 is bachelors/masters isnt it? In my field of expertise (computing) I chose, despite getting a place at university, not to study at uni based on the lack of benefit vs. debt in my particular field....doctor/lawyer...sure, uni would be the ONLY way to work in these fields...

i have 7 years healthcare specific IT experience working in very niche areas and carry a number of highly reputable industry qualifications and I'm not talking microsoft...although I have a couple of those 2!

Basically despite my experience I think I fit into EB3!

davidw76

EB2/EB3 relates to the job role, not to you directly, but you obviously need to show that you meet the job requirements later in the process.

EB2 = professionals with advanced degrees, so when going through labor certification, employer must advertise the job as requiring a masters degree. A bachelors + 5 years experience is usually regarded as equivalent but as far as I know thats the minimum (at least a bachelors), so you would be EB3, however check with a good immigration lawyer on that.

If you have to go the EB3 route then you're probably in for a long wait. The cutoff date is currently JAN05 meaning they are currently processing cases filed before that date. That situation could improve if there is immigration reform but it could just as easily worsen.

The biggest problem is that you might run out of time on your L1B (5 yrs max) before you get the GC, meaning you would have to return to UK and wait there. For this reason, your lawyer would probably try and switch you to an H1B at some point. H1Bs can be extended in yearly increments while you wait for your GC case to be processed.

Useful resources for estimating wait time..
http://www.travel.state.gov/visa/bul...etin_5145.html
http://www.trackitt.com/

Cheers