connercole

Hello,

I’m going to give the full story here in case anything is relevant. I’m looking for lots of advice so please stay with me.
My name is Peter (32) and I currently live with my Wife (31) and three sons (14, 8 and 4 years old) in Falkirk Scotland. No one has any mental illnesses (although this process could cause some) and no one has any convictions. I work for a large US based computer company.. not IBM or HP . I have been working for the company for the last 5 years and I have been directly reporting to a team in Providence, RI for the last 2. Although my local office is Edinburgh I’m classed as a remote worker and work from home most of the time, it helps with the -5hr difference. I don’t have a degree which is unusual for my job but i have over 10 years’ experience and 3 times as much industry certifications than most. My Job is in quite a senior technical team and I feel it is very secure given my knowledge and the company’s position. So as a family we have started to think about making a permanent move to the US. Here is my plan, please please criticise it. Correct it. Fill in the blanks... Any information I can get is good information as I don’t have a clue.
My Job in the US, I have a great relationship with the people in the US just now, although there has never been a business need to go over my team are keen to meet me, and my boss has expressed told me that he would love me to come over and work. They provide healthcare (to what level I’m unsure) and even the leave policy is ok for the US. I have been told that due to market rates I can also expect a substantial raise moving over but the company can’t help with any of the costs. I’ve heard that RI taxes can be high, but as long as I’m 1hrs drive from providence (I can still be a remote worker but would have to pop into the office sometimes) I’m good. So MA and CT could be the place to stay.

The Short Term..
So in an effort to get the ball rolling, I have spoken to my family and we are planning to go to RI in March – April for a month, Rent a house and a car and see if we like the lifestyle. I would still work out the office so my family could get the real feel of being at home during the day and we would do the social stuff at the weekends. The month plan consists of although nothing has been booked yet and the accommodation is an idea only ..
Flights from Glasgow to Boston = £2200
Train From Boston to Providence = ??
House rental = http://providence.craigslist.org/sub/4133063034.html = £950
Car rental = Dodge Charger = £550
Travel insurance = via AMEX

What do I need in the way of visas if I’m planning on working for the month out the office but I’ll still be paid in the UK and have no cash transfer in the US. And do you have any other suggestions regarding the above?

If all goes to plan I would like to look at the

The Long Term
Sell everything over 3 – 5 years (have some finance to clear) and then take the cash and rent in the US for the first year then find a property. I would be moving to be registered as a US worker and removing myself from the UK tax system. I really need a layman guide to what I need to do to make this happen. Sorry for the huge massive question but as I said I know nothing.

Will I be entitled to emigrate with my family?
Even if my oldest is 19?
What taxes can I expect?
Will I get a mortgage after a year?
What visa / immigration things should I be looking at?

Please try to help.

Many Thanks,
Peter

Nutmegger

This is the place to start your research; first you must concentrate on what visa you might be eligible for, everything else stems from the visa:

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

And welcome to BE!

connercole

Ok, thanks for the reply, after reading all through the link i also read up on Wiki regarding the terms, my head is now about to burst. It looks like i should be able to apply via "You have a multinational employer who is willing to transfer you, but even then the employer has to make a good case for you. Your dependent spouse may work. Dual-intent visa. Search for: L1 Visa, intra-company transfer."

That gives me something to look at for the long term, would i still need any sort of visa for the month trip or should an ESTA cover me for that ?

Thanks,
Peter

Noorah101

You WILL need an appropriate work visa in order to perform your daily work tasks in the USA (yes, even if paid to a UK account and the work is for the UK office). Since you're looking to transfer to the USA with the same company, you need to look into an L visa. The employer is the one who gets the ball rolling on the visa petition, so talk to your employer about it.

Do NOT go to the USA on the VWP and perform work for a month.

Speak to your employer about an L visa. It's not worth planning anything if they won't transfer you to the USA. And if they will transfer you, then they will handle most aspects of your move, including the visa, paying for shipping your stuff to the USA, etc.

Assuming you move on an L visa, the answers to the above are: yes, yes, research US taxes, perhaps, L visa.

If you are looking at a permanent move to the USA, get your employer to put in writing the date they will apply for your adjustment of status to permanent resident. Have them put this date in the offer letter BEFORE you accept the relocation package. If you don't get this in writing, the employer can drag their feet and you'll lose the chance to adjust status. Your 19-year old can age out and will need his own visa to remain in the USA after age 21 (most go for an F-1 student visa).

Rene

Noorah101

Correct! You found the appropriate visa to research.

If you plan to do your daily tasks while physically in the USA, you will need a work visa. You can't do this on the VWP. (ESTA is just a pre-clearance to travel on the VWP.)

Just so you know, there isn't really a 1-month type of special work visa. Sounds like you'll either not be working for that month, not go to the USA for that long, or get your L-1 visa first and then scout out the area at that time.

Rene

connercole

Ok, So 3 quick questions,

1. What if I was not carrying out my daily tasks, I was attending a training course for 2 weeks and vacationing for 2 weeks.
2. I really can’t afford to move for 3 years at least, just got a new car on finance, still have a fixed mortgage with an early redemption clause. My so I don’t think I could really go for the L-visa at this time I wouldn’t want it to time out.
3. Once I’m over and I have the L-Visa, what is the process then for making the move more permanent. Is it onto a green card? is that process easy.

This thing sounds like a bit of a gamble requiring investment at each stage with no guarantees. I’m I reading into it all wrong.

and of course, thanks for all the replies :-)

Noorah101

I think using the VWP to attend a training course might be acceptable, but I'm not 100% sure.

Understandable. In that case, why not wait until closer to the time you feel ready to go for the L-1, and then spend a few weeks in the USA, scoping it out? A lot can change in 3 to 5 years...you might be checking things out too early right now.

Yes, it would mean getting green cards. A green card is a slang term for a permanent resident card. The process is pretty easy, as far as I know, and the employer is the one who initiates the process once you're inside the USA on the L visas. As I said before, get it in writing from the employer with a specific date they will begin your adjustment of status to permanent resident (i.e. the green card) process.

I'm not sure what you mean. If you qualify for the L visa, and your employer wants to transfer you, you'll get it. If the employer is willing to sponsor your green card application, you'll get it. Of course with all things immigration, there is no 100% guarantee of anything, but most L visas work out, so I'm not sure what you're trying to say.

There is not really anything for YOU to invest along the way, except creating a life in the USA and the expense that entails.

Rene

connercole

Sorry for the negativity, I was just reading comments such as "Getting a Green Card is not necessarily easy even if you are lawfully admitted on a work visa. In most cases employment based green cards require employer sponsorship, labor market testing to prove no American can do the job, and in many cases (especially third preference) the wait may run into years. In other words, a sponsoring employer or job offer is not necessarily enough.", as for the investment, my company will give me all the help I require but on the financial side their hands may be tied requiring me to stump up the cash, I would not want to have the cost of moving back if something was not accepted at some point.

Thanks again.

connercole

Is there any further information i can look at for this, Wiki has the following "The Visa Waiver Program (VWP) is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa"

EDITED:
I found this, For the purpose of the Visa Waiver Program, "business" generally refers to business activities other than the performance of skilled or unskilled labor. Examples of activities that are allowed include:

* engaging in international commercial transactions, which do not involve gainful employment in the United States (such as a merchant who takes orders in the U.S. for goods manufactured abroad, or who travels to the U.S. to purchase American-made goods for export from the U.S.);
* negotiating contracts;
* consulting with business associates; and
* participating in scientific, educational, professional or business conventions, conferences, or seminars.

"consulting with business associates" would be very close to what i was doing, but i dont really want to guess at this.


Thanks,
Peter

Noorah101

That's also part of your relocation package. Try to get your employer to put in the relocation contract that they will pay to repatriate you to the UK if need be.

Rene

Lbjen

Under the L visa, the employer is supposed to be responsible for returning you to your home country at the end of your international assignment, since the L visa is not a permanent visa. It's something to bear in mind though if the move is coming more at your request rather than theirs. Same thing for relocation and tax assistance.

There are green card options which are harder to qualify for but quicker to get, such as the EB1C, at least at this time it is quicker to get than an EB3 anyway. If you qualify for L1A rather than L1B, an EB1C shouldn't be a problem.

One issue I see you coming up against is your older child, and where he might want to be in 3 years time. Be prepared for a shock when it comes to college tuition if he does want to move, and possibly having to leave him behind if he doesn't.

Regarding your trip in the spring, be sure to check what your Amex travel insurance actually covers with regard to your rental car and any emergency healthcare. You may need to budget a lot more. It's also likely to still be pretty cold, and possibly snowing.

Bob

On the up side, transfer is good.

On the downside, RI is a bit of a shitter...though Providence has improved a lot in recent years, but is massively in the shit with debt and bad schools.

Living out of state, well neither one are cheap, they've both got higher taxes, but at least booze and clothes are tax free in MA. Having dual taxes to file will be a chore though.

The plan to test the waters for a month is a no goer though, that'll screw the pooch big time.

The craigslist rental, well that's cut off and you'll find dead during winter and most places closed up for the season, hence the cheap rental and the commute will be horrid to get any where.

Train, I wouldn't rely on it from Boston to Providence, just get a rental and drive down, it's not far.

Bob

Unlike the H, they're not actually.

Which has caught people out and in the shit once they've been laid off.

H visa, they're responsible for sticking you on the plane home, but that doesn't include sending your crap home with you, nor your family. No requirement on the L to even do that should they lay you off.

Pulaski

On a personal/ family level, your 14 year old may be the biggest problem, in that you probably don't want to disrupt their education mid A level, so that would mean waiting until they are 18, but then the timetable would be quite tight to get applications for green cards for yourself and family and not have him age-out at 21. That is assuming he wanted to join you and do a degree in the US.

Out of state tuition is going to be pretty pricy, so you should probably investigate the cheaper route to a bachelors degree, doing two years at a community college, to get then humdrum stuff out of the way (which will mostly be stuff he was doing for his O levels (and may be able to get partially credited for by getting his O and A levels evaluated???), before going on to a "four year college"/ university to do the "real studying" for his degree.

connercole

Thanks for all the info..

So.. would moving to the US actually be good for me. I have lots to think about.
Many people have said that we would be moving for a better quality of life. Is that the case, how is life actually better in the US compared to Scotland ?