georgiagal

Ok, i'll try to make this as simple as possible.
We were originally here on L1-B (hubby) & L2 visas. We reached the end of our max time allowed April 26th 2006. Company closed my hubby's UK division approx 2 years ago although they claim it is "still trading on paper" so technically there is no other international company to be a "intracompany transferee' on.
So, they wanted to apply for L1-A, we filled in all the paperwork at the beginning of April 2006 and the next we heard was an H1-B petition was posted in the coffee room (in a locked glass cabinet!) for anyone to approve/disapprove I guess. Apparently, they have had an about face as to what visa they are trying to keep us here on (we have not signed any H1-B paperwork).
Does anyone have any bloody clue as to what they may be up to as they keep telling us it is information they do not have to disclose to us. We just feel like a pair of rag dolls being tossed around.
Are they liable to have to pay for us if we have to go home?
Should my hubby even be allowed to work, I know I am unable to which was one of the main gripes about the H1 in the first place.
I believe we have to adhere to L1 rules whilst we are in the 'transferee' status.
Do we have any security in this situation at all?
We are applying for Oz and would really like not to have the expense & emotional upheaval of going back to UK and then to Oz.

J. J. Farrell

georgiagal wrote:
    > We were originally here on L1-B (hubby) & L2 visas. We reached the end
    > of our max time allowed April 26th 2006. Company closed my hubby's UK
    > division approx 2 years ago although they claim it is "still trading on
    > paper" so technically there is no other international company to be a
    > "intracompany transferee' on.
    > So, they wanted to apply for L1-A, we filled in all the paperwork at the
    > beginning of April 2006 and the next we heard was an H1-B petition was
    > posted in the coffee room (in a locked glass cabinet!) for anyone to
    > approve/disapprove I guess. Apparently, they have had an about face as
    > to what visa they are trying to keep us here on (we have not signed any
    > H1-B paperwork).
    > Does anyone have any bloody clue as to what they may be up to as they
    > keep telling us it is information they do not have to disclose to us.
    > We just feel like a pair of rag dolls being tossed around.
    > Are they liable to have to pay for us if we have to go home?
    > Should my hubby even be allowed to work, I know I am unable to which was
    > one of the main gripes about the H1 in the first place.
    > I believe we have to adhere to L1 rules whilst we are in the
    > 'transferee' status.
    > Do we have any security in this situation at all?
    > We are applying for Oz and would really like not to have the expense &
    > emotional upheaval of going back to UK and then to Oz.

Strangely, the person who ends up with an H-1B approval has nothing
whatsoever to do with applying for it. Anyone who can get their hands
on the supporting evidence (degree certificates and so on) can apply
for a H-1B for that person. There are some obligations on the company
to display some of paperwork in the office (I think it's just the labor
application) and it sounds like they're doing so in this case. In your
case, you should have signed a Change of Status application for the
move to H-4.

I strongly recommend you consult an immigration attorney. I don't know
this for sure, but since it is known now that the H-1B approval period
can't start before October I think it's unlikely that he is currently
allowed to work as a transferee. I may be wrong, but my understanding
of the transfer rules is that there has to be a reasonable assumption
that the new authorization can be backdated to at least the end of the
old approval, and that is clearly not true in this case. I suspect
you're both now out of status, but I stress again that I'm not sure.

I don't think they're obliged to pay any repatriation costs. Not sure
about the rule for L, but for H-1B they would be obliged to pay for the
H-1B's reasonable travel costs to his country of normal residence, and
only if they terminated him before the end of his approval period. They
wouldn't be obliged to pay for family members, property, and so on.