essexman

Hi

This is my first post and would be gratfull for any advice on my first queston


I have just had my L1 approval notice and need to call London Embassy to arrange interview Etc

My personal circumstances have changed a little since putting the visa application in in july my wife has become pregnant and because has will have a complicated birth which would be by C section we would need to have in the UK as we won,t get insurance in USA for this of afford to have in USA

What i need to know is can i delay going to USA on my Visa if so for how long and if not what advice could anyone offer

i would be most gratful for anyones advice

thanks John

crg

Merely delaying the start of the visa probably won't impact the start of the petition.

AFAIK, you can reclaim time spent outside the US when seeking another approved L-1 in the future so you may not have to worry about eating up the maximum allowable time on the L-1. Did you speak to the people who applied for the L-1 to see what their take is on the matter?

essexman

Hi Crg

Thanks for your fast reply the people that have arrange my visa would prefer that i go sooner rather than later so this is why i have posted this question to see what other people could suggest
thanks john

crg

The document will be valid for the lenght of the petition, when you actually arrive with the document is between you, and the employer. If they issued it from December 1, 2010 through November 30, 2013, the people at the border don't care if you show up later than 12/1/10.

JCraigFong

You can use the visa to climb on board an airplane to come to the USA for as long as the visa is valid. However, if you wait a significant time past the approval date of your I-129 petition to make your first entry, you should expect to be questioned by the border guards about the delay.

The fact that your wife is expecting is reason enough -- have a letter from her gynecologist -- but with the passage of enough time, you would be poorly advised if someone did not warn you to have a company letter with you when you enter the USA, indicating that the offer and position are still open and available to you and that you're expected at the office on such-and-such a day.

--J Craig Fong
Los Angeles, CA

essexman

Hi thanks for reply, I have yet to of received my paperwork from usa,can you tell me subject to visa approval at embassy,is the visa valid from interview date or from the petition approval date? could we ask for a delay or extention?my main concern is i will be setting up the new office and wont have insurance or could i get insurance that would cover my wife?which is our main concern.

thanks
John.

Michael

If you were going to an established company the US on a L1 visa that had a group health insurance plan that covered pre-existing conditions including pregnancy, there wouldn't be any problems.

However, if you are planning to initially get individual/family health insurance on the open market, you are probably not going to be able to find insurance that will cover the pregnancy. If your employer is having you set up the group health insurance for the US company, you may or may not be able to set up a plan that covers a pre-existing pregnancy (employer normally has to provide the same coverage for everyone in the plan and may bulk at the cost).

JCraigFong

Michael is right. Getting insurance might be dicey, although recent health-care law changes may make things easier. At this point, these changes are NEW, so I would not count on any consistency of administration at this point, and you DO NOT want your wife without coverage.

In addition, if you're coming to set up a new office, then you have presumably received or will receive an L-1 for ONLY ONE YEAR. At the end of that year, you're going to have to show the company is up and running and viable. I frankly do not know how much time you'll have to accomplish all of that, if you start your L-1A late due to your wife's pregnancy.

I think you're going to need to think very seriously about how you proceed. You need to balance off your company's needs, your wife's pregnancy and health care, and your future green card (based on the L-1). Each of these concerns will lead you in a slightly different direction.

--J Craig Fong
Los Angeles, CA

scrubbedexpat099

Is this your company?

How long is your initial L for?

scrubbedexpat099

Is this your company?

How long is your initial L for?

tington

hi

thanks for replys,yes the l1 is for 12mths start up,what a position to be in! can i delay the interview would the visa start from then or the petition date?

thanks oh im the wife by the way!

scrubbedexpat099

So it is your Husband's business?

So you know, getting the L for the start up is not a big deal, the big deal is the renewal after a year. Then you need to show you have achieved your goals etc etc, you can forget about excuses due to later arrival because of Pregnancy etc.

crg

The petition date is what matters. If the petition is valid until a certain date then that's the date they will print on the visa.