1004ron

Hi,

I am employed by a British company A, and been in the US on an L1-A visa on a long term project since July 2009.

Subtracting the time spent outside of the US, I have 711 days remaining of the 7 years permitted on my L1-A

US company B has offered me permanent employment on the provision that they could obtain an appropriate visa and start processing my GC.

Question:
1) What are the steps that US Company B need to take (their HR aren't familiar with this)

2) How long would that take and would I be permitted to remain in the US while this is being processed.

Thanks in advance.

Ron.

S Folinsky

You don't give enough in the way of facts to answer your question.

You may want to consult with independent immigration counsel. J Fong is quite good [I used to share space with him when I was in practice].

1004ron

Thanks for the prompt reply, and I'll contact the immigration counsel you recommend.

I'd gladly add facts and details, but not sure what would be needed for others to be in a better position to help me.

My potential new employers HR and Legal departments are unfamiliar with this type of thing seeing as they've never done this before. I was told that they have consulted an outside legal person, and the little feedback that I've had does not instil too much confidence.

From the internet research I've done it looks like the employer needs to apply for an H1 visa, then EB-1(C) which is preferred for L1-A holders.

I'd just like to educate myself on this just in case the job offer falls flat due to the HR, Legal's inexperience in this field.

It was also mentioned to me that I may need to cover the outside legal advisor's costs, which could be in the region of $25,000 , which I'm quite OK with if it secures my GC.

The company also mentioned that with the GC they're at risk of me leaving for other job offers - I am happy with the company, or I wouldn't have considered employment with them in the first place, and I also mentioned to them that I'd be happy to sign a contract.

ian-mstm

Since you ask... first - they need to get an immigration attorney working for them.

Second - you won't be eligible for an L visa... so you'll likely require the paperwork for an H-1B submitted on April 1, 2015... and not one day later.

Third - there may be other visa/status options for you... which is why an immigration lawyer is first on the list.


I've no idea how long it'll take - although if you pursue an H-1B you won't be starting work for Company B until October 1, 2015... unless you happen to pursue a cap-exempt position.

You are permitted to remain in the US in L status if you are still working for your L visa sponsor. If you have other family members with you in the US, their status will automatically change when yours does... and if, for example, your spouse is working - then she'll quickly be out of a job if you get an H-1B.

I don't think I can stress enough how important it is for you to consult an immigration attorney! There are a lot of variables... any one of which might seriously and negatively impact your life.

Ian

1004ron

Ian,

Thanks for that.

I posted a reply to Folinsky, but its waiting for moderator approval.

I will make contact with the immigration attorney that the company has started to engage, just to satisfy myself that all the correct options are being considered.

I will ensure that the paperwork is submitted on 1 April 2015 - can this be done earlier?

My current company would be moving me to another assignment abroad some time around the end of April, which would mean that I have to leave the US and then return in October.
I am currently and engineer assigned in a management position, and would be in a similar position with the proposed US employer, so doubt that we can pursue a cap-exempt status.

My wife is with me on an L2 but does not work and we have no intention for her to work.

sir_eccles

Consider finding your own attorney. The company attorney works for the company not you and will generally have their interests as a priority.

1004ron

Ian,

Could you recommend an immigration attorney in Louisville KY ?

S Folinsky

Why limit your self to Louisville KY? Louisville is less than two drive from Cincinnati OH and Indianapolis IN.

ian-mstm

If you pursue an H-1B visa, no. April 1 is the first day applications are accepted. A few years ago, the entire quota of 65,000 visas was reached in a matter of hours. It is heavily oversubscribed.


Be aware that the H-4 (her derivative visa if you get an H-1B) is known as the "visa from hell" with good reason. But, if she's good with staying at home and doing nothing... day in and day out for as long as you have an H-1B... she'll be fine!

Ian

1004ron

My thoughts were sit down interviews etc., but learnt that its not really required, so will be in touch with J Fong early next week, thanks.

JAJ

That's a red flag. They want to offer you employment but they have no familiarity with visas.

As others have told you, H1-B is quota limited and (unless cap-exempt) you won't be able to do anything until October 2015. Assuming you even get a visa. It's over-subscribed and if there are more applications than quota, there's a lottery.

Unless there's something you've not told us - perhaps you could be a Canadian or Australian citizen, or otherwise eligible for another visa category.

Reality check. The U.S. immigration system is not designed for the convenience of those who want to change employer while on non-immigrant visa status.

If this company are really serious about employing you, it would be recommended to forget about H1-B and have the sponsor you directly for an Immigrant Visa. In general, forget EB-1C if the sponsor is an organization you have not worked for outside the U.S.

And if you really want to remain in the United States, have you talked to your existing employer about whether they will let you remain and sponsor you for a green card?

1004ron

The new employer is a Kentucky based power utility that have not employed any foreigners needing visas/permanent residence, so I didn't see their inexperience as a red flag.
This scares me, and would be the deciding factor for me - I have more than 10 years with my current employer and would rather stay with them if there was no assurance that I could get residency in the US.
Nope, British, and not aware that I'm eligible for any other visa type.
I appreciate that - I did not approach the new company until the end of the current large contract because I felt that they would also consider that unethical, but this has left me with little time to resolve the visa and residency.
They sure are keen to employ me but it is on the proviso that they can get a visa and residency for me.
I have spent many years working international for my current company, but I have not worked for the sponsor inside or outside of the U.S.
Could you give me more information on the option to sponsor me direct.
My current employer does not have more work in the US, and I'm earmarked for an office job in the UK if the next international project does not get under-way soon.

JAJ

It is. You should understand that unless they have had experience with the immigration system, most U.S. citizens know little or nothing about immigration laws.


In that case, you stay with them unless a U.S. employer can sponsor you for an Immigrant Visa (not H-1B).

You could always consult with an immigration attorney to see if any other visa type might work. O, E, etc. are sometimes options. But realistically, if you want security in the U.S., then an Immigrant Visa is the only option.


How long would they be willing to wait for the visa process to work out?

For information, start at: Employment-Based Immigrant Visa

Look at the different visa preference types and decide which one could suit best. And then look at the Visa Bulletin for an (imperfect) indication of waiting times.
Visa Bulletin

You may still want to consult with an experienced immigration attorney. However, you are wise to plan to remain with your current employer unless and until you have a secure status in the United States. And H-1B or another non-immigrant visa doesn't provide that.

1004ron

JAJ and all,

Thanks for all your guidance.

I have an appointment with the prospective new companies HR on Thursday morning, and have printed the comments here and from the links to have with me for this meeting.

I heard from one of the managers that I may need to resign from my current job from the start of their application process through till the response is received from Immigration - what's your comment on that?
It looks like my current company will keep me on this project through until the end of this year - could I stay in their employ until the new companies application is complete?

I decided to make contact with immigration attorney "J" after Thursday's meeting with HR, that way I'll be able to discuss with him what the direction the company thinks it should take.

ian-mstm

You don't need to resign your current job. Many people continue to work for the original company while the second company pushes through the paperwork.


Yes.

Ian