Would I get an L1 Visa ?

Old Oct 28th 2007, 4:47 pm
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Default Would I get an L1 Visa ?

Our friends own a UK business for which I have contracted to them on and off for the past 10 years.
I have seen some contract jobs (computers) in the USA and realize that technically I should apply for an H1B visa. Since these are already used up for the foreseeable future do you think that if our friends sent me to the USA to start up a subsidiary of their company, I could/would be eligible for an L1-A visa and then be able to apply for the contract work in the USA?
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Old Oct 28th 2007, 4:54 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by helens View Post
Our friends own a UK business for which I have contracted to them on and off for the past 10 years.
I have seen some contract jobs (computers) in the USA and realize that technically I should apply for an H1B visa. Since these are already used up for the foreseeable future do you think that if our friends sent me to the USA to start up a subsidiary of their company, I could/would be eligible for an L1-A visa and then be able to apply for the contract work in the USA?
How many people do they currently employ
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Old Oct 28th 2007, 4:57 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by Ray View Post
How many people do they currently employ
Approx 15 employees - but nobody on the Computer side of the business.
I have my own IT business which contains just me - else I would have tried to get an L1 for myself, but the UK business would have closed.
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Old Oct 28th 2007, 5:04 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by helens View Post
Approx 15 employees - but nobody on the Computer side of the business.
I have my own IT business which contains just me - else I would have tried to get an L1 for myself, but the UK business would have closed.
With 15 it would be worth a try ...you would need to be a manager/director of their company though... get a lawyer
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Old Oct 28th 2007, 5:15 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by Ray View Post
With 15 it would be worth a try ...you would need to be a manager/director of their company though... get a lawyer
Oh, I didn't think I needed to be staff - http://www.immihelp.com/visas/l1/ says that "worker does not need to be directly employed by the sponsor. It is OK even if he/she is paid through personal service company, agency, or even as independant consultant, as long as the sponsor had management and control over the worker during the qualifying year."
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Old Oct 28th 2007, 5:18 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by helens View Post
Oh, I didn't think I needed to be staff - http://www.immihelp.com/visas/l1/ says that "worker does not need to be directly employed by the sponsor. It is OK even if he/she is paid through personal service company, agency, or even as independant consultant, as long as the sponsor had management and control over the worker during the qualifying year."
But easier for the consulate to say an L-1B is more appropiate...
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Old Oct 28th 2007, 5:19 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by Ray View Post
But easier for the consulate to say an L-1B is more appropiate...
Oh, OK, it's just on an L1-B there wouldn't be a US company to go to ?
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Old Oct 28th 2007, 5:20 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by helens View Post
Oh, OK, it's just on an L1-B there wouldn't be a US company to go to ?
As you can tell, the promised US job offer wasn't that good, so now I'm trying to find alternatives to get my family and I back to Florida.
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Old Oct 28th 2007, 5:27 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by helens View Post
Oh, OK, it's just on an L1-B there wouldn't be a US company to go to ?
As I said ..I'm sure a chat with a lawyer will get the right application...
unless its a friend doing a fraudulent favor ..be careful of that ..
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Old Oct 28th 2007, 5:29 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by Ray View Post
As I said ..I'm sure a chat with a lawyer will get the right application...
unless its a friend doing a fraudulent favor ..be careful of that ..
How so ? I have worked for them legitimately on and off for 10 years or so and we would legitimately be setting up a company in the USA, albeit to help out our particular situation. So it would be a favour, but I'm not sure about the fraudulent bit ?
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Old Oct 28th 2007, 5:37 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by helens View Post
How so ? I have worked for them legitimately on and off for 10 years or so and we would legitimately be setting up a company in the USA, albeit to help out our particular situation. So it would be a favour, but I'm not sure about the fraudulent bit ?
Only if they were using their business name to get you the visa ...
It does happen

It would not be WE setting up a company there it would be there company ...
you are just an employee .. Its their application ..
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Old Oct 28th 2007, 5:50 pm
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Default Re: Would I get an L1 Visa ?

Originally Posted by Ray View Post
Only if they were using their business name to get you the visa ...
It does happen

It would not be WE setting up a company there it would be there company ...
you are just an employee .. Its their application ..
Right, I understand. Thanks. But the two companies would remain separate anyway, since there appears to be no link between USA and UK tax systems.
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