MikeLamb

Hi All,

I've been offered a job based in the US (NJ) from the company I am currently working for as a contractor - I'm currently living in the UK with my girlfriend.

The company wants me to start straight away, working from the UK with regular trips to the US while they process my H1B application.

Now, I don't have a degree but have 7 years experience - the company seem to think they can get me the H1B, but I from what I've read, I don't qualify. I understand my partner would need a B2 to come over, how likely is it that she gets approved based on her qualifying for the VWP.

I'm trying to understand the likelihood of us getting the Visas. If we do, what other things I should consider? My partner couldn't work, could she get a driving licence, insured on a car, health insurance?

Any help would be greatly appreciated.

Thanks,
Mike

Noorah101

What "work" would you be doing for this company while you are physically inside the USA? The type of business activities allowed on the VWP are very limited.

If you qualify for the visa, and end up getting it, and you don't want to get married, then if you and your girlfriend have been cohabitating for a while, she might be eligible for a B2 cohabitating visa. This would allow her to remain in the USA for up to 6 months at a time as a visitor; she can't work.

Might be difficult for her to get a driving license, since she'll technically only be a visitor. You'd have to check with the health insurance coverage offered by your employer to see if you can add someone who is a partner but not a spouse. Might not happen, in which case, health insurance will be very expensive for her.

I take it you guys are against getting married?

Rene

MikeLamb

Thanks for the comments.

The "work" would just be travelling over there for important meetings, not a temporary commute, etc.

Any idea of a ballpark of what healthcare would cost? I've seen quotes of $300 per month online. Does that sound right?

Not against getting married, we plan to at some point. Just wasn't keen on rushing for Visa reasons..

meauxna

Lots in this thread a few lines down.. you will benefit from reading others' experiences while you're waiting for replies to yours.
http://britishexpats.com/forum/showthread.php?t=720778

You need to find out more about how you're going to get the H-1B if you don't qualify for it. What's the job, and how did it come to be offered to you?

Hovik

Given no degree, and 7 years of experience, H1-b may be out of reach for another 5 years. Your company's immigration lawyer knows best.

However, if you've been working with the company for 1 year+ in the UK, you might be eligible for a L1 visa.

As for your GF, she may be given a B-2 visa, with a cohabitant status annotation, independent of your visa type. You'll need to provide proof of you living together in a stable relationship.

SA: http://travel.state.gov/visa/laws/te...rams_1414.html

B2 cohab visitors are initially granted entry for 6 months, but it may be extended by 6 months from inside the US ( until visa expires ). Last time we entered, the POE officer was kind enough to grant a 6 month extension at POE, so a total of 12 months at entry.

MikeLamb

Thanks..

Spent a few hours reading through and came to the conclusion I had to pick between the job, girlfriend or marriage - was hoping to find some other options

I work (as a contractor) for the company at the moment, a vacancy came up and they approached me to apply. It's a pretty senior IT role for a major Pharma company.

Noorah101

I think your first step would be to contact the company lawyers and see if you are indeed eligible for the H1B visa. If you aren't, there's no sense researching all the other stuff.

Rene

MikeLamb

Thanks..

I don't think I could get the L-1 as I've been working indirectly as a contractor.

How do we prove we've been living together? We both have bills at the same address for a number of years?

Noorah101

Yep, that sort of thing.

Rene

Hovik

+ tax returns showing same address. Gov. provided papers are as good as it gets.

scrubbedexpat099

Discuss the L with the Companies Immigration Lawyer.

Re think the marriage aspect.

MikeLamb

Got the response from the company they believe I am eligible - if not, they wouldn't have offered the position.

How much difference does marriage make? Does it not matter if it's very recent?

Mike

scrubbedexpat099

The Company probably is making it up as they go along, what does their Lawyer say.

Timing not relevant.

ian-mstm

Respectfully, their belief doesn't actually make you eligible.

Ian

avanutria

That sounds extremely low to me. Last year I was quoted $600 a month for catastrophic emergency cover only with a huge deductible.

What about 'rushing' so you can continue to share your lives together? Take the word "visa" out of the equation. Would you be willing to live separately for an unknown period of time, or would the absence of the other person leave a gaping hole in your lives?