gogsy

Hello all,
I have been doing some work for a US based firm & a couple of weeks ago they asked me to come on a Zoom call & offered me a job over near Philadelphia.
After a chat I've said to them I'd maybe like to move over there after the summer. They have said that they'd speak to me about it again in June & I could speak to their immigration lawyer & a realtor then.
The only thing I've been wondering is which type of visa would be most appropriate? H1 or L1 I'm guessing?
I have a wife & 2 kids (aged 14/18) so my youngest would be going to high school over there & my eldest is due to start uni in London in September - presumably they could get dependent visas, even though my eldest would be living with us in between terms.

Another thing i was wondering about is timescales for the visas, I'd always thought these things take months, but starting the process in June for the end of the summer doesn't seem realistic to me.

Anyone had any similar experiences or got any advice?

Thanks :-)

Nutmegger

Welcome to BE. For the experts who will surely be along soon, can you clarify "doing some work" for the US company? To be eligible for the L-1 you would have had to have been an actual employee of the company for at least a year. If you have not been a prior employee, then it is indeed the H-1 -- a visa that is subject to an annual lottery (over for this year, I think) and which would not permit your wife to work. Another option may be the O-1 visa. However, it is up to the employer to apply for your visa, so you should ask them what their intentions are.

gogsy

Thanks for the prompt reply,
I am a freelancer so I've done some IT consultancy (cloud/security) for them - they pay me in US dollars & I transfer that to my UK ltd company.
The reason I thought it may be an L1 as my company is affiliated with theirs, although I appreciate that visa is more suited to subsidiaries/branches.
I thought the O-1 visa was for sports people/artists etc. I don't know if that would work as my best football days are behind me (I run like I'm towing a caravan these days) & my art ability stretches to stick men! :-)

Seriously though, thanks for the advice. I'll certainly be asking the company/lawyer what they think, they seem to think it will be easy whereas I don't!

christmasoompa

Nor me. We were due to move in the summer on a L1 but have been told no chance due to the backlog from the visa ban, and that’s with the process already having started.

An H1 would take even longer usually, unless you’re in a cap exempt job then your employer would have to apply under next years quota, and even if you get lucky in the 2022 application process then the earliest you’d be able to start work would be Oct 2022.

There may be other visa options the lawyers will come up with though.

Welcome to BE btw, good luck.

gogsy

Thanks for the friendly welcome,
I had forgotten about the visa ban.

I'm quite laid back about it all to be honest, if it takes a few months (or longer) that's ok.
I can still keep working for them but just can't take on certain work for them as it has to be done in the states.

When do you think your L1 thing will come through? & how long would that have been since it started?

SanDiegogirl

Is this US company quite a small one, as they don't see to have much idea about getting visas? Speaking again in June is most certainly not going to get you to the US this summer -- probably not by next summer!

The H - 1b visa you can't apply for until next April and with the L1 I understood you needed to have a business still in the UK when you move to the US (ie its a transfer from an existing company in the UK to a sister company in the US). If you are a freelance not sure this will qualify.
The O-1 visa, for exceptional ability, can be applied across a lot of roles.

christmasoompa

There’s a years worth of people who’ve been waiting to apply so it’s all unknown unfortunately, the lawyers are saying we’ll just have to wait and see.

But that’s all for L1’s, which it doesn’t sound as though you’d be eligible for anyway? So hopefully the lawyers can come up with another visa route if you want to get out there sooner.

gogsy

Good points, thanks.
Yes, they are certainly not a huge corporate. < 50 employees I believe.

I heard something about a B1 in lieu of an H1B?
So as to work on specific projects.
Whilst that may be quick, I wonder if that would be a less stable visa to start with.

SanDiegogirl

https://workpermit.com/immigration/usa/us-b1-lieu-h1b-visa

You would not be taking your family with you on this visa - just be going in and out for specific jobs?

gogsy

I'd like to, assuming the projects take longer than a few weeks.

SanDiegogirl

You'd like to what? In my previous quote I meant that you would NOT be able to take your family on this B1 in lieu of H1 visa.
It's not a full time, permanent visa and certainly not for immigration purposes and not to take family.

gogsy

I'd like to = I'd like to take my family - sorry I thought that was obvious :-)
If the B1 to H1B isn't appropriate for that then fair enough.

As an aside, where in San Diego are you by the way?
We stayed in La Jolla at the end of 2019 & loved it, I'll give you a laugh - we went to La Jolla shores & rented a paddleboard, my daughter said "are there sharks?" me: "No, don't be daft, no sharks here". 5 mins after paddling out 2 leopard sharks swim under the board daughter: "AAAAARRRGGH!!!" (paddles furiously to the beach)
That's when we found out about the leopard shark nursery/breeding ground with a resident school of about 200 of them! :-)

civilservant

The L1 does not seem appropriate based on what you have said (you haven't been a de facto employer for a year prior to an application)

The H1B is just about to open in April, but even if you could get your application in this week you are looking at only about 25% chance of being selected in the lottery (at best) for an October start.

Ultimately, you will get your answer when you talk to their immigration attorney. The best visa for you is the one that they agree to sponsor you for and the attorney thinks you can be approved for.

christmasoompa

It's already opened and closed - https://www.uscis.gov/news/alerts/fy-2022-h-1b-cap-initial-registration-period-opens-on-march-9

steph0scope

I’m confused why IT consultancy which had been done off and on for a year or so remotely now needs to be done by someone in a specific location.

Does the company realize how much it costs and what is involved in getting you here? I’m assuming not, based on the questions so far.

I’ll be honest with you - we see here on a regular basis people who have been “offered a job” or “asked to come and work” over here and the vast majority of times the offers have been made by companies without any knowledge of research on what it costs the company to bring in someone from overseas. Unless the company has been through this process before it’s possible that they are completely unaware that THEY have to do all the paperwork, pay all the fees, etc. And considering there is a strong chance your wife won’t be able to work and you are uprooting a well-settled family of 4 to a place thousands of miles away, the compensation and relocation package that would justify all of that may be more than the company had in mind.