brummark

Dear All,

I arrived in the US on a L1 visa back in September 2008, My Company back home have decided that they are going to pull the plug on the operation and have demanded that I return home within 7 days.
My wife fell pregnant in October and is currently having a complicated pregnancy I was told that to fly I would need a valid medical cert.

We went to the two doctors and they both confirmed that she cannot fly and an attempt on the journey would possibly have damage on my unborn child.
My boss got Irate when I told him and stated that he would arrange a train from CA to NY and I must get a cruise ship home. And he would pay this was a whole journey of around 10-12 days. Again my doctor advised against this.

My employer back home has now put me on 3 months unpaid leave and said I must cover the costs of the medical insurances myself, and that I must return home after the child is born, I Know strongly doubt if I have a job when I get back.

I have had a chat with my wife and we would like to stay and build a future out here for our family, I consulted my immigration lawyer and who is a friend and he said my best WAY would be on E2 VISA and set up a business in a consultancy role.. Which he won’t charge me for the work on the application as like I said he is a friend.

I have an extensive knowledge in the food industry and I have been offered 2 year contract as a consultant for a food manufacturing company with a monthly salary that will be invoiced through my company.

I also have some pending possible orders with 4 other companies one of them being Heinz.

My main worry is that the total investment that I can muster together would be $ £38K and anything I can make through my business in the short term I’m told that the INS require at least $100k

But my company would be a small 1 man consultancy working from home with little overheads and a guaranteed contract with a company and also a trading relationship with a company of the magnitude of Heinz.

What do you think my chances are of being approved, I don’t believe I have nothing to lose and my attorney is working for nothing, and plus I don’t believe I have a job if I returned home as is being demanded of me.

I and my wife would very much like to build a future out here for our family any help and advice would be fantastic and helpful.

ian-mstm

With all due respect, given the information you've posted here - I don't see much hope for your plan. As far as medical costs go, without good medical insurance, giving birth in the US could easily bankrupt you. I'm not trying to be mean, just honest. Hopefully someone else will have another suggestion. Good luck to you and your family.

Ian

brummark

Hi Ian,

I have only 2 months left on the pregnacy and the medical insurance I have is pretty good its through a UK company which covers the preganacy and my total deductable is $ 1100 Sorry to not correctly inform you.

If we set aside the medical insurance are my chances slim Like I said I will have a trading relationship with a huge company and also support letters of 3 other large food processing companies and 1 cast iron contract.

My concern is the $ 38K is it enough in the shorterm to be classed as substantial, I reckon through the business in the next 4 months I would have generated $ 40K on top of this which would give me a total of $78K

I have looked at website called us.com and they state that a substantial amount is $25K, Im just confused with all the conflicting figures.

I also would aim to take a young American who I know, and is very bright and could be shaped, I am also a qualified elctrical applications engineer by trade.

meauxna

I think this is totally an E-2 + London specialist lawyer job and that you should read Ray's E-2 posts here for more info.

I mean, if you're looking for comfort from the general forum population, I'm just saying, this is a very specialized question.

brummark

Hi Meauxa,

Thanks for the advice, My attorney is based in LA, are you suggesting I make the trip home to London and re-apply,

I thought I could apply for a change of status while Im in CA before My L1 runs out? Is this not the case?

ian-mstm

There is only one official site: http://travel.state.gov/visa/temp/types/types_1273.html.

As for the visa, there's been quite some discussion of late about the virtues of an E-2 visa and the general consensus seems to be that it is great if you are single, but shitty if you have a family. I'm not up on all the pros/cons so I'll leave that aspect to those who are more familiar with it.

Ian

meauxna

No, I meant a lawyer who is familiar with the London Consulate and how they adjudicate Es would be an important resource. Your lawyer friend can consult with a colleague.

If you do a change of status, you'll be what they call 'land locked' because you won't have a document for re-entering the US if you leave. You have to go get a visa eventually, so you want to make sure that not only will your change of status succeed, but that the visa will as well.

meauxna

Well, at least the one kid will be their own little USC.

brummark

Hi Meauxna,

Thanks again for the advice that you and Ian have sent me I really am thankful im just in a little bit of a mess and a state of confusion I was thinking just give up and go home and look for another job.

Im not to fussed about being Landlocked, for the short term.

I would Imagine the fact that the child will be born in the US doesnt give concrete to my case does it?

crg

The USC child has no bearing on the case.

Ray

The amount you quote would never fly with the London Consulate..

Take a read of the FAQ here . http://www.investorvisausa.com/index.html

There is also a E-2 manager visa ..if one of the companies you mention is a UK company ..

christmasoompa

But if your wife fell pregnant in October, then surely she's due around July time, so the time remaining on your medical insurance won't cover the birth?

Bear in mind that I'd expected a nice normal delivery with my first child - but it all went horribly wrong, I was in hospital for 5 days after the birth and she was born with a disability that required a lot of care. Even once home, we then had to be seen every other day by a doc for 6 weeks. If I'd been in the US without medical insurance, my guess is that lot would have cost at least $50,000. Thank God for the NHS!

If you don't have cover for the actual birth and the post partum period (at least 6 weeks afterwards when problems frequently occur) then you'll need to get that sorted asap, or be prepared to lose all your savings. I do hope all goes well and she has a nice easy delivery, but you need to be prepared for things going wrong. I'd say that's something you need to sort fairly urgently, along with your visa.