When to apply?
#16
Just Joined
Thread Starter
Joined: Mar 2017
Posts: 11
Re: When to apply?
The existing US "partner" company, yes, agreed, but not a "new company" it wouldn't, so long as it meets the criteria of being owned by/ a branch of the UK parent. This will probably need careful consideration and legal advice if the US "partner" organization has a substantial investment in the joint venture operation. If the new US venture is controlled and owned entirely, or substantially, by the UK-based parent organization then there shouldn't be a problem justifying an L-1A visa.
One idea we had discussed was that my husband works over there for a year to get a feel for whether it's going to be a success and what our typical income will be (the downside of being self emplyed and no salary on offer!) whilst building a credit rating to make it a bit smoother for the rest of us coming over.
Boiler, worry not, I am usually miles behind but I have a head start on this story as it's my own . There is an Ops manager who has some shares who would run the UK side and I will look to take on the custmer service and some account management.
#17
Re: When to apply?
.... So, perhaps my husband works for the JV company for one year (is this possible within the confines of the VWP?) ...
before applying for the L1A to satisfy the requirements to work in it for a continuous year (thats if 50% ownership isn't enough?)? …
If you don't own/ control it then you're heading off into the murky area of H-1B visas that Boiler alluded to above. H-1B's are in short supply (rationed by lottery) and even if your husband got lucky in the April 2020 lottery the earliest he could start work would be October 2020.
It is also worth expanding on another point that Boiler alluded to - the UK operation must also continue operating for the duration of the L-1A visa, and it must do so on a semi-autonomous basis - in other words it cannot be managed by your husband (if he has the L-1A) on a day-to-day basis.
…. One idea we had discussed was that my husband works over there for a year to get a feel for whether it's going to be a success and what our typical income will be (the downside of being self emplyed and no salary on offer!) whilst building a credit rating to make it a bit smoother for the rest of us coming over. ...
Last edited by Pulaski; Apr 10th 2019 at 1:10 pm.
#18
BE Forum Addict
Joined: Aug 2013
Location: Athens GA
Posts: 2,130
Re: When to apply?
I really think that the OP is at a point where immigration/legal advice needs to be taken to determine a clear (?) path forward.
#19
Re: When to apply?
I am inclined to agree, but she still has some elementary misconceptions about the process that if she clears up now will make the legal consultation easier and more productive.
#20
Just Joined
Thread Starter
Joined: Mar 2017
Posts: 11
Re: When to apply?
Oh yes I did get in a muddle! I'm glad you raised the ownership issue, this has been flagged with the attorneys ( ) who are helping to set the JV up and then we are in process of instructing an immigration attorney too.
I am misusing "working" - I suppose to me anything to do with the company is work but for the purposes of the VWP it is meetings . I will be horrified if we land stateside for our summer holiday to be turned due to too many visits!!
When my husband gets back from his most recent trip I hope we will know our position better and I will feedback here!
I am misusing "working" - I suppose to me anything to do with the company is work but for the purposes of the VWP it is meetings . I will be horrified if we land stateside for our summer holiday to be turned due to too many visits!!
When my husband gets back from his most recent trip I hope we will know our position better and I will feedback here!
#21
Account Closed
Joined: Mar 2004
Posts: 2
Re: When to apply?
You can abuse your VWP, usually it seems you get a warning before they say that's it.
#22
Re: When to apply?
And it appears that often the warning sounds a lot more serious than it actually is. The immigration officer can make notes in their system and in your passport that you are not to be admitted on the VWP again/ any time soon, but often they don't. Whereas people report being given a stern verbal warning, but without any notes in their passport, so the warning is just a bark, not a bite …. it's probably fair advice to heed it though. …. Though not if it is verbal advice to get a B-1/B-2, as those are rather hard to get if you are VWP eligible.
Last edited by Pulaski; Apr 11th 2019 at 7:50 pm.
#23
Account Closed
Joined: Mar 2004
Posts: 2
Re: When to apply?
Agree and to answer the next question there is no way of knowing what would happen if you are warned and make another trip.
#24
Just Joined
Thread Starter
Joined: Mar 2017
Posts: 11
Re: When to apply?
Hello! My husband is back from his latest trip and I have a bit more information now and a plan but I’m not sure it sounds right...
New company is a LLC which my husband will be an executive of but not employed by, he will stay employed in the UK. He will apply for a B visa but in lieu of a H1B ( I haven’t seen this before but I did find one thread on here regarding this). The attorney said that this visa would allow the whole family to live in the USA and can be renewed for up to 10years....This isn’t my understanding of a B visa but I wonder if it’s different if it is “in lieu of a H1B”? I’m still holding out for an L1 before I move myself and the kids however, the attorney said they will also weigh it against an O visa as my husband has won awards for his business / products / entrepreneurship.
If if any of that doesn’t sound right or if there’s specific questions I need to ask then please let me know! If anyone has experience of the B in lieu of H1B I would be interested to know more and if you can actually live in the USA on it?
New company is a LLC which my husband will be an executive of but not employed by, he will stay employed in the UK. He will apply for a B visa but in lieu of a H1B ( I haven’t seen this before but I did find one thread on here regarding this). The attorney said that this visa would allow the whole family to live in the USA and can be renewed for up to 10years....This isn’t my understanding of a B visa but I wonder if it’s different if it is “in lieu of a H1B”? I’m still holding out for an L1 before I move myself and the kids however, the attorney said they will also weigh it against an O visa as my husband has won awards for his business / products / entrepreneurship.
If if any of that doesn’t sound right or if there’s specific questions I need to ask then please let me know! If anyone has experience of the B in lieu of H1B I would be interested to know more and if you can actually live in the USA on it?
#26
Re: When to apply?
Hello! My husband is back from his latest trip and I have a bit more information now and a plan but I’m not sure it sounds right...
New company is a LLC which my husband will be an executive of but not employed by, he will stay employed in the UK. He will apply for a B visa but in lieu of a H1B ( I haven’t seen this before but I did find one thread on here regarding this). The attorney said that this visa would allow the whole family to live in the USA and can be renewed for up to 10years....This isn’t my understanding of a B visa but I wonder if it’s different if it is “in lieu of a H1B”? I’m still holding out for an L1 before I move myself and the kids however, the attorney said they will also weigh it against an O visa as my husband has won awards for his business / products / entrepreneurship.
If if any of that doesn’t sound right or if there’s specific questions I need to ask then please let me know! If anyone has experience of the B in lieu of H1B I would be interested to know more and if you can actually live in the USA on it?
New company is a LLC which my husband will be an executive of but not employed by, he will stay employed in the UK. He will apply for a B visa but in lieu of a H1B ( I haven’t seen this before but I did find one thread on here regarding this). The attorney said that this visa would allow the whole family to live in the USA and can be renewed for up to 10years....This isn’t my understanding of a B visa but I wonder if it’s different if it is “in lieu of a H1B”? I’m still holding out for an L1 before I move myself and the kids however, the attorney said they will also weigh it against an O visa as my husband has won awards for his business / products / entrepreneurship.
If if any of that doesn’t sound right or if there’s specific questions I need to ask then please let me know! If anyone has experience of the B in lieu of H1B I would be interested to know more and if you can actually live in the USA on it?
#27
Account Closed
Joined: Mar 2004
Posts: 2
Re: When to apply?
No derivatives I believe, wife and children could of course seek to visit.
Not saying it is not appropriate but does not do what I thought they were looking for.
Not saying it is not appropriate but does not do what I thought they were looking for.
#28
Re: When to apply?
It is also not clear what the ownership structure of the LLC is - it is beginning to sound like the US customer will own (most of) or control the US LLC whereas at first sound like the US LLC was an expansion/ offshoot of the UK business. The difference (US owned/controlled) dramatically reduces the desirability of the visa options.
Last edited by Pulaski; Apr 20th 2019 at 10:34 pm.
#29
Account Closed
Joined: Mar 2004
Posts: 2
Re: When to apply?
It's not clear if the lawyers are advising on the best possible options under the circumstances, or what is easiest for them.
It is also not clear what the ownership structure of the LLC is - it is beginning to sound like the US customer will own (most of) or control the US LLC whereas at first sound like the US LLC was an expansion/ offshoot of the UK business. The difference (US owned/controlled) dramatically reduces the desirability of the visa options.
It is also not clear what the ownership structure of the LLC is - it is beginning to sound like the US customer will own (most of) or control the US LLC whereas at first sound like the US LLC was an expansion/ offshoot of the UK business. The difference (US owned/controlled) dramatically reduces the desirability of the visa options.