BicestertoBoston

Hi All

I am currently working in the US on a 3 year Blanket L1 visa. I am 18 months into the visa and have a few questions that I would like your help with.

I moved over to work in the US primarily because my daughter lives here. She was born in the US and is 2 years old, I am not together with the mother and we split up our daughters time between the two of us.

The company I work for have shown an interest in changing my visa to a H1B next year so that would enable me to stay here for 6 years, and they also have said that getting me a green card should not be a problem.

My worry is if I lose my job here, then what would be my options? I want to make sure that I have a plan in place in case anything happens.

- What happens if I get made redundant?
- Is there anyway to apply for citizenship based on having a daughter here who depends on me? (other than waiting until she is 18 and can apply for me)

Thanks for your help

paulpur

Im thinking it may be better to get the company to change it to a H1B visa if they can, but during the negotiations with regards to salry etc , i would make sure they give you a specific timeline for them applying for the green card, and that the timeline is acceptable to you, that way you know that once it comes through then you know that you are not beholding to the company to be able to stay here with your daughter. I think its probably easier to do the green card timeline negotiating during the salary talks as then perhaps you have more of a bargaining tool as they obviously want you to stay longer.

im sure someone will be along at the back of me to correct me if my thinking is flawed , which it could very well be lol

ian-mstm

This is probably your best option. During your negotiations, get them to indicate - in writing - that they will sponsor you for a GC on or by a specific date. The specific date is important!

Edit - about the bold section... the time you have already spent in the US on your L-1 visa will be deducted from the 6 years allowed on the H-1B visa. Just a heads up!

If you have an H-1B, you have a week or so to find another employer willing to sponsor you for another H-1B visa. Once the application is submitted by the second company, you can start working for them. The application need not be approved before you can begin work. The trick, of course, if finding that second employer.


Alas, she must be 21 before she can sponsor you... not 18. If you were her primary caregiver, you might be able to make a case for hardship (the hardship must be to the USC, not you)... but as long as the mother is still alive, that's not likely to help you.

NOTE: As interesting an idea as it might be, getting the mother out of the way should not be considered a goal.

Ian

materialcontroller

Sound advice indeed! The rest of your post was also essential information.

S Folinsky

There are a lot of underlying facts that need to be examined to give a fair answer to your question. When I was in practice, it was not uncommon for a potential client to come in with a specific question which was badly asked. A consultation with an experienced immigration attorney may be in order so you can explore the options in light of the various facts.

Bob

Either visa, you move home to the UK promptly if you lose job.

Daughter gets you nothing till she is 21.

You need to have the greencard for 5 years essentially to apply for US citizenship, unless you are married to a US citizen, then it is 3 years, blablabla.


Sod the H1B, get then them to go for the Greencard now.

scrubbedexpat099

Another one where I go with Bob.

Why move you to a H1b anyway?

MsElui

unless im missing it - i cant see if you say you are on a L1A or an L1B. If its an L1A - go straight for the green card - you could have it inside a year if you are lucky.

gglondon

There is a subtle difference though. Under a H1B, you could find another company willing to hire you and transfer your H1B assuming you keep a similar occupation. The transfer is easy, with very little legal risks and there is no quota.

If you lose your job under L1, the visa becomes invalid whatever happens next. So to stay in the US, you'll have to find a new company willing to hire you AND sponsor a brand new H1B visa that will be subject to a quota -- much more difficult and impossible when the quota has been reached for that calendar year.

So H1B is relatively safer in this respect as it can be transfered to a new employer.

Bob

Thing is, H1B, finding someone to stump the cost of a new visa in 10 days is pretty unlikely in this climate. Spouse wouldn't be able to work, so that back up falls off the table.

If on a L1 and the company is large enough, with other branches, might be able to get transferred to another area.

Either way, getting the Greencard app in as soon as is the safest option and it's quicker on the L1, especially if on L1A.

gglondon

The 10 days scenario practically never happens though. I got to know 5 different entities in the US. Each of them laid off people. But they would give weeks of advance notice. In Silicon Valley, a company that would lay off people without taking care of the visa situation would have its reputation tarnished and the other worker with a visa would leave that company quickly after that (I would).

The cost of transferring a visa is much less that getting a new visa.

Bob

Plenty of other companies don't give notice though and in this climate, they don't really need to care.

It is something that one should be aware of. Sure someone could apply to change status to B2 to settle affairs and if they have a family would probably get it, but that's not the same as finding another employer willing to go through the expense of a new visa, when there are so many qualified candidates already there.

CaliforniaBride

If the OP negotiates a timeline for his GC while here on a L visa or a H won't that be a problem with regard to immigrant intent? I don't know just asking

To the OP: Bicester. You have that great outlet mall. Picked up some gorgeous La Perla underwear from therea few years back. Would love to go again.

Noorah101

No, because L and H visas allow dual intent.

Rene