Itwillrain

Hello everyone

We are planning on moving from London to Florida with our daughter who is in year 7.

My L1B is for 5 years. I will be starting my US role in May - June 2022. The maximum period of the L1B visa is 5 years.

Five years from my start date in the US (assuming she starts in grade 7 in Aug 2022), my daughter will be in grade 11. At that time, she will not be able to adapt to the schooling back in the UK or get the subjects she wants for her Uni. Also, she won't be able to continue in the US because the visa would expire.

What's the way out to make sure that I do whatever I can to ensure that we can move to the US and ensure that her education is not harmed in any way?

I was thinking, perhaps she can start in grade 8 (she is bright and goes to a very competitive grammar school in the UK). That way she will be finishing her grade 12 in the US (5 years from my start date in the US) and then she can apply for US universities and can get the visa for that.

Has anyone else been in a similar situation, and knows about how to deal with children's education in those crucial years?

Thank you.

tom169

Considered staying long term and having the employer sponsor green cards asap?

Itwillrain

Thanks for your reply. Yes. Have considered that but there is always a possibly that the employer may say no.

civilservant

If your children have been resident outside of the UK, and then want to attend Uni in the UK, they are likely to be treated as non-resident for tuition purposes.

I agree that you should get GC sponsorship written into the contract before you move to the US. Without, too much is up in the air.

christmasoompa

Is there a British School near to where you'll be? If you're sure you won't be staying and it will only be a temp assignment before returning back to British schooling, that may be worth looking at as then your daughter would stay on the British curriculum so no big upheaval either way. There are other advantages too, such as holidays being similar to the UK school hols, rather than the American ones, which makes it much easier for visiting her friends back in the UK (or them coming to stay with you). That's what we were going to do (two teenager kids at crucial ages in their secondary education), but 5 years is longer than we'll be staying, so it may not be as obvious a choice as it was for us.

Itwillrain

​​​​​​Hello. Thanks for your reply. I would like my child to continue in the US with her studies if she can. After 5 years (L1b expiry), can my child continue the schooling in the US (she will be in grade 11 then) and then the University in the US? For this to happen, my child will require a visa. So the question is, how difficult is it to get that visa for schooling and university? Have people followed that path.. .

By going down this route, at least my child can continue with her studies in those crucial years of her life. Thanks.

civilservant

The visa is pretty easy to get - the problem will be having to show funds to cover every aspect of them being in the US. Both tuition and living expenses.

Your plan is not really that viable for them. You should be seeking confirmation of Green Card sponsorship.

christmasoompa

+1. For your child to spend a decade or so in the US before then having to return to the UK, when all of her friends and way of life will be in the US by then, doesn't seem a great idea tbh. If I couldn't get green card sponsorship written in the contract to know that we could stay if we wanted to, I wouldn't be moving with teenage kids personally.

petitefrancaise

1. In your situation it is perfectly acceptable to request green card sponsorship. If the company demurs then suggest that they do it at 3 years and if they won't do that then the plan should be to return to the UK at 3 years.
2. Look into the International Baccalaureate program - that would be a much easier transition back to the UK. Your daughter would have complete the pre-IB program at the end of 10th grade and would then go back to the UK to the IB diploma program.

okonumiyaki

Send her to a good boarding school in the UK. Job jobbed!

1- she stays in UK system
2- You outsource her adolescence to professionals...

Itwillrain

Thanks.i will look into IB.

Also, at what stage the GC application should be for the employee to stay in the US (in my case the GC process completion will take number of years... could take 5 to 10 years)). The employer hasn't said no to applying GC. But it is not in my contract (standard company policy).

Oh God, the world of US visas and processes is a minefield.


Thanks for your help..

jjmb

Once you have settled, I would inquire about moving onto the green card process. Presumably, as you are planning on 5 yrs, your job cannot be done by another person. Looking through your previous posts, I can't see what profession you are in. Is there a way to change to an L1a visa? Do you have any managerial experience? We were initially on an L1b but changed to L1a as although my DH wasn't officially titled a manager, he had managerial experience in his position. That is quite normal in the tech industry, as many engineers don't have manager titles. I would agree with PF and say if a green application isn't on the cards by 3 yrs, it would be wise to move back to the UK for your daughter's education. She shouldn't be affected by the 3 yr rule for university, as you would not have been making a permanent move but you might have to argue the case. There are examples on the return forum. If she wants to continue with her education in the States, she could change to F1 visa. That was suggested to us before we changed to L1a and then got our green cards. Good luck with your move.

christmasoompa

They can apply for you before you even leave, you don't need to be in the US for it to be applied for. If they want you to transfer, just make it part of the negotiations. If it will take that long (assume you're from India/China), then only you can work out if it it's worth the risk or not.

jjmb

Its a long time since we went through all this but if your employer sponsors you for a green card application, you can continue to work on L1B until a decision is made under the adjustment of status period. Others will come along and correct me, if I am wrong.

S Folinsky

I am writing as a retired immigration lawyer. You will want to examine “F” nonimmigrant status. Do note that there are quirks in the status. In particular, publicly funded education will not be available. (I use publicly funded to avoid the term “public school” which has a different meaning in the UK). Also note the rules and availability of L-2 dependent and F-1’s differ when it comes to study in the US.

There can be pitfalls in obtaining and maintaining F-1 status. In my practice, I would see those pitfalls when certain brown material hit the fan and I had perform legal janitorial work.