PJM73

Hi all

I have just found this useful forum and am wondering whether anyone can help with my dilemma..

My partner has returned to Hawaii for employment and we are trying to secure the best way of getting me out there for employment as well. I am a business consultant and business coach, operating in both a perm capacity (with a global firm) and with my own limited company (me and some associates). I intend to do similar work out in Hawaii, if I can secure an opportunity.

I have explored the alphabet soup guides to different US visas and it is not completely clear which one I would be eligible for. I have also found that lawyers give such conflicting advice in terms of my probability of success etc etc...my partner and I do not want to explore the marriage route (before anyone asks) and we are trying to find a way of securing roughly 6 months in Hawaii and 6 months outside: So far I have looked at and am considering:

L1 - either with my perm company or limited company
B1 - as part of VWP for 90 days (need more info on pros and cons of this)
B1 - for stays of 6 months and then can be extended for another 6 months (how realistic is this)
B1 - in lieu of H1B - can someone explain if this applies to me..
E1 or 2

Can anyone give me some advice about how to handle my dilemma above...

thanks in advance
PJM

Ray

What visa is your partner on

PJM73

My partner is a US citizen

Ray

Then if your existing company will transfer you ..
the L is probably your only choice... if you wish to work

PJM73

My existing company (where i am a perm employee) does not have an office out there (we are exploring something in their LA office but it looks unlikely).

My own limited company - I have received conflicting advice from lawyers on whether this route would work - ranging from size of company, what 'specialised knowledge' actually constitutes (because their is no definitive definition of what it means), turnover issues, business plan etc etc...

What other options do you think I have...and how do I best present my case convincingly..?

Ray

If you current company has a dozen staff or so as a director/manager
you could be transferred out to open a new office
search for L-1A
specialized knowledge would be for the L-1B

If not possible .. the Visa waiver for 90 days trip would be possible
then return home for 90 days etc ..

If you previously cohabited in the UK together
there is a possibilty of a B-2 CLASSIFICATION FOR COHABITATING PARTNERS
http://travel.state.gov/visa/laws/te...rams_1414.html

But you cannot work ...

PJM73

My partner and I have cohabitation status in the UK (we had to demonstrate at least a 5 year cohabiting relationship for her to be granted indefinite leave to remain in the UK). Is their an equivalent in the US (or is the link you sent the rough equivalent..)? What evidence would I need for this and how do I apply for it?

I would need to work in the US, however - I have heard that I could undertake various activities as long as the company being paid was outside the US..what are your thoughts on this? Where would be acceptable to go if I left after 90 days (as the economics of coming back to the UK would prove a strain)..

I am also a founding partner of a canadian business coaching firm with 5 or 6 associates - could this be a route to US entry on L1?

Ray

Basically yes ..apply as a B-2 ..details on the Consulate site in your country
What you heard is incorrect .. you can attend meeting, arrange contracts
the sort of thing a visiting business person would do ..nothing else

On a VW you can virtually do little ...and its not extendable

Its a possible ..best suggestion is to see a US immigration Lawyer with the details...Remember its the company applying ..not you ...

scrubbedexpat099

Yes, marriage, but you said that was not an option. Usually it becomes one.

Might be posible to telecommute, but not work per se. But you might be pushing it, we are talking about Visitor Visa's. And with that you would need to be out of the US at least as much as you are in.

Probably not.

JAJ

Does your partner understand what happens to the status of holders of indefinite leave to remain when they no longer live in the U.K?

Bob

Marriage would be the easiest way, but if not possible, there's really no easy short cut to allow you to work, as already suggested.

Though just to be clear, you are a Brit citizen? If you were a Canadian citizen you'd have the TN visa as a possible option.

PJM73

Yes I am a british citizen - nothing happens to my partner's indefinite leave to remain (as it takes 5 years to obtain it and once obtained she can enter the UK to work indefinitely).

What mechanisms are in place that ensure US border control can determine if you have actually been working whilst in the US? If I have meeting invitations, letters etc to demonstrate genuine activities allowed under the B1 approach, then how can one be monitored once in the US (if they did decide to work and the 'employer' was fine with that)?

scrubbedexpat099

Probably not a good idea to broadcast it over the world wide web.

Thye have the discretion to let you in, you might get away with it once, you might not.

Bob

That's as a resident though...not as easy to lose as the greencard, but she should look at getting citizenship first.

And I wouldn't work without authorisation, for a start if you get caught you'll get barred from entering the country and the company faces a bit of a fine...as I'm sure your not looking for casual cash in hand work where things could potentially be fudged.

JAJ

The information for returning residents at http://www.ukvisas.gov.uk shows how ILR can be lost by absence from the United Kingdom and how it might be recovered.

Do not be surprised if these rules become stricter in the next 2-3 years.