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bluedaze May 7th 2015 11:54 am

My American Roller Coaster
 
So I thought I would share my American Experience with you guys and see if anyone can help my current situation.
My story begins on my first visit to the USA in 1999, my wife's sister and her husband had recently moved to Atlanta and we went on a summer holiday.
We fell in love with the country and continued to visit at least once a year with our son. I looked at ways of emigrating myself but with no degree it looked very difficult and the only route for me was an E-2 visa which we didn't have the capital for.
In 2008 my wife's sister sponsored us for a Green Card as she became a US Citizen but the process can take 10-15 years, I checked last month and they were on applications submitted in 2002:(
In 2010 I was made redundant from the Warehouse Manager position that I had been in for 10 years but luckily for me I secured a position with a huge global company which sells everything, im sure you know which one I am talking about. Well after 12 months in the role I was eligible for a transfer to basically anywhere in the world and I chose to move to the USA on an L-1A visa. withing 3 months of inquiring about the role I was in Tennessee!
Everything was going fantastic and my son started as a freshman in High School.
Withing 8 months after arrival the GM approved me for my GC application, sounds good but it meant I had to stay in my role while it was being processed which could take 12 month and they also wanted to put me forward for promotion. Well like an idiot I put the GC on hold and waited on the promotion. A few months later I had an interview and it didn't go well, in fact the feedback I got knocked me for 6.
Anyway a year later and 1 year before my L1A renewal was due I asked the attorneys to get the ball rolling on my GC as well as the visa renewal.
As I had been in the US for 2 years I had built up a good credit history and was eligible to get a mortgage, I checked with the attorneys regarding my visa renewal and they said there would be no issues so my wife an I bought a house. Our American Dream was going great.
Role on 12 months to August 2014, my visa renewal got denied as Immigration said my position with the company looked supervisory. I was an Area manager responsible for 7 supervisors and 250 workers, with an Operating budget exceeding $5 million. We found out 1 day before our visa expired. Technically we had to leave the country the next day but stayed until my company transferred me back to England in the October.|
To top it off just before we left my son was offered a soccer Scholarship at a good college.
We are all now back in England with a house back in the US, my son is finishing High School online and returning to the US in August. I am wanting to go back but not on an L1 visa. I have been looking at the E-2 to get us back until my sister in laws sponsorship comes through but I only have $40k liquid funds.

Pulaski May 7th 2015 12:15 pm

Re: My American Roller Coaster
 
I am not sure what you want help with. You clearly have few, if any, realistic options for getting back to the US. Do you even have a target business segment for an E-2 investment? At $40,000 you'll find it difficult to find a business that would generate enough income to live on, never mind using it to support at E-2 application. ..... Is there any chance your employer would put you forward for another L-1?

I suspect there are bits of the story missing, that even you don't know, mostly surrounding the visa renewal denial, which sounds very odd. ..... Either the lawyer supporting your visa renewal was utterly inept or there wasn't a "genuine" request for renewal submitted. :unsure:

To anyone else reading this, if you are trying to get from any non-immigrant visa to a green card, jump on any opportunity you are offered to apply for a green card and push it forward as enthusiastically as possibly can.

bluedaze May 7th 2015 1:27 pm

Re: My American Roller Coaster
 
So in my visa renewal the attorney used the word supervise multiple times instead of manages. Also the job title for my Supervisors in the US was Process Assistant were as in the UK they are call Team Leaders. The Attorney put that I supervise 7 Process Assistants and supervise 250 Associates:sneaky:
So if I had been given more notice on the rejection I could of set my wife up in business and changed her visa from an L-2 to E-2 before it expired and as her spouse continued to work for the company I am employed by.
I do have the option to go back on an L1 in November but I really don't want to be tied to my job like I was previously. In some ways they took advantage of the fact that I couldn't leave as I would have to leave the country.
Ideally I would like to still set my wife up in business and transfer with my job but on our visa and not the company visa, that way I am free to work for another company if I choose to do so. My position is very well paid but as I have become older I realize life is not all about how much you earn if you have a poor work life balance.
I guess all I want to know is whats the minimal investment needed to buy or start a business as its a very gray area, I have heard stories of $50k but then some websites say $100k+.
The business is more of a way to get a visa rather than a business so support us as my job would hopefully cover that.
I was thinking if we did a start up with a good business plan then we could maybe get away with a lower investment.

I really agree with the take every opportunity that comes your way, I just helped a fellow college go through the the process of moving to the States through the L1a with our company and my advice was get the GC after 12 months and not to leave it like I did. I was the 1st to do it with my company and I had no one to advise me, I have since supported a few transfers and try to give as much advise as I can as I made plenty of mistakes.

Nutmegger May 7th 2015 1:50 pm

Re: My American Roller Coaster
 

Originally Posted by bluedaze (Post 11639432)
I have been looking at the E-2 to get us back until my sister in laws sponsorship comes through but I only have $40k liquid funds.

Don't forget that your son would age out at 21 on E-2, and it seems unlikely that the SIL's sponsorship would be on the horizon by that time. Though if he is able to get the scholarship back, that would buy time as long as he was in school.

Pulaski May 7th 2015 3:27 pm

Re: My American Roller Coaster
 

Originally Posted by Nutmegger (Post 11639534)
Don't forget that your son would age out at 21 on E-2, and it seems unlikely that the SIL's sponsorship would be on the horizon by that time. Though if he is able to get the scholarship back, that would buy time as long as he was in school.

Yeah, but it would only buy time until he had finished studying because as an adult of 21+ he wouldn't be covered by his aunt's petition for his parents. ..... So unless he gets a work visa in his own right, he'd have to wait for his parents to get citizenship, and then they could petition for him. ..... And he'll be almost 40 before he gets his green card! :eek:

SpoogleDrummer May 7th 2015 4:59 pm

Re: My American Roller Coaster
 

Originally Posted by Pulaski (Post 11639597)
Yeah, but it would only buy time until he had finished studying because as an adult of 21+ he wouldn't be covered by his aunt's petition for his parents. ..... So unless he gets a work visa in his own right, he'd have to wait for his parents to get citizenship, and then they could petition for him. ..... And he'll be almost 40 before he gets his green card! :eek:

Well if he has an English accent and is in Tennessee he'd have his pick of potential brides if my experience here is anything to go by.

Pulaski May 7th 2015 5:09 pm

Re: My American Roller Coaster
 

Originally Posted by SpoogleDrummer (Post 11639694)
Well if he has an English accent and is in Tennessee he'd have his pick of potential brides if my experience here is anything to go by.

Agreed. ..... If only I'd known that my slightly flattened Sheffield vowels were considered attractive here, I'd have visited The South long before I got married. :lol:

NatashaB May 7th 2015 5:10 pm

Re: My American Roller Coaster
 

Originally Posted by bluedaze (Post 11639513)
I do have the option to go back on an L1 in November but I really don't want to be tied to my job like I was previously. In some ways they took advantage of the fact that I couldn't leave as I would have to leave the country.

How many years have you spent on your L1 so far? i don't believe you get to reset the clock and get another 7 years of L1. Are they willing to sponsor your GC?

sherbert May 7th 2015 5:25 pm

Re: My American Roller Coaster
 

Originally Posted by bluedaze (Post 11639513)
I guess all I want to know is whats the minimal investment needed to buy or start a business as its a very gray area, I have heard stories of $50k but then some websites say $100k+

My lawyer told me last week that although 50k is the standard minimum, they have successfully petitioned E2s with an investment less than that. She said it's not easy but it has been done.

bluedaze May 7th 2015 6:03 pm

Re: My American Roller Coaster
 
Could you tell me who the lawyer is you deal with Sherbert?

bluedaze May 7th 2015 6:07 pm

Re: My American Roller Coaster
 
My son already has a steady GF from the States, she is currently visiting us in England for 2 months before he hopefully goes back with her in July.
I have used 3 years of my L1 Visa, if I go back on that I my comapny will put me through for my GC.
Just typing this out makes me realize going back on the L1a in November makes more sense than anything, I just dont want to be tied to my job again.

NatashaB May 7th 2015 6:10 pm

Re: My American Roller Coaster
 

Originally Posted by bluedaze (Post 11639763)
My son already has a steady GF from the States, she is currently visiting us in England for 2 months before he hopefully goes back with her in July.
I have used 3 years of my L1 Visa, if I go back on that I my comapny will put me through for my GC.
Just typing this out makes me realize going back on the L1a in November makes more sense than anything, I just dont want to be tied to my job again.

It seems like your quickest option though. It only took us 4 months to get our GC after arrival, the company filed for it within a couple of weeks of us landing. You just have to grit your teeth and get on with it to get to the prize.

sherbert May 7th 2015 6:49 pm

Re: My American Roller Coaster
 

Originally Posted by bluedaze (Post 11639757)
Could you tell me who the lawyer is you deal with Sherbert?

I will PM you. They are currently reviewing my case so I haven't actually engaged them yet but I have been impressed with their efficiently and professionalism. They were recommended to me by more than one person.

bluedaze May 8th 2015 7:35 am

Re: My American Roller Coaster
 

Originally Posted by sherbert (Post 11639798)
I will PM you. They are currently reviewing my case so I haven't actually engaged them yet but I have been impressed with their efficiently and professionalism. They were recommended to me by more than one person.

That would be great if you could.

caleyjag May 8th 2015 2:31 pm

Re: My American Roller Coaster
 
This thread (and others like it) should be pinned somewhere for reference whenever someone posts the weekly "buying a house in the US" question.


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