S Folinsky

See if I can remember going north to South

Richmond
Albany
Berekely
Oakland
Hayward
Fremont

Pop over the hill and you'll be in Walnut Creek, Pleasanton

BTW, I attended law school in the City and lived there. However, it has changed a lot since I was there.

I have a dear old friend who lives in a Condo complex in Los Gatos so it is "affordable" in California terms. [If we retired there, Santa Clara will accept LA County's "Prop 13" valuations which other counties in the Bay Area will not].

Zez

We are recent I comers to Foster City in the Bay Area and love it. Great schools, very very diverse and fantastic weather. Hubby works in San Francisco much of the week and his commute is a little over an hour. SF to Cupertino every day would be one heck of a commute! I'd be considering something a little closer...

jackattack

I am not sure of the latest info but last year Apple had shuttles (what we would call luxury coaches) from SF and East Bay to Cupertino. A few each morning and evening. Thing to bear in mind is, the coach drops you at IL1 building (the main campus) and then Apple has about 50 buildings all over Cupertino. So, if you know which building hubby might be working in, it would help because he then might need to take a little minibus from the main campus over to whichever building he is working in. And the same in reverse for the trip home. It is very time consuming. Most people who take the shuttles are single/younger and use it as a time for socializing or catching up on work emails (the shuttles all have wifi).

I know some people who drive their car to Cupertino on a Monday morning, leave it there all week to go between buildings for meetings, use the Apple shuttle to and from SF the remaining weekday mornings and evenings, and then drive the car home on a Friday evening. But that means the expense of an additional car which you don't get to use. Again, mostly done by singles who don't need their car in SF during the week.

There is also a minibus from the Caltrain station to main campus.

Michael

The O-1 visa is dual intent and therefore the company can sponsor the family for legal permanent residence allowing you to work. With an O-1 visa, he is likely categorized as EB-1 (O-1 and EB-1 have similar requirements) and if Apple starts the adjustment of status immediately, your green cards should be in your hands within months (probably in about 6 months but less than a year).

Therefore, his contract should state that Apple will immediately sponsor the family for legal permanent residence if you decide to stay permanently and/or want to work. Some companies don't like to immediately sponsor the employee for a green card since once the employee has one, he can change employers.

jackattack

I had my Green Card through marriage, so didn't need to have Apple work on it.

But I have a friend who moved (with Apple) to the US and they immediately applied for his green card so it is possible that Apple will do it. He had worked for Apple for quite a few years outside the US first though so wasnt a brand new employee. It is most likely up to the hiring manager though.

mgirli

Hi all,
Yesterday we were granted ' non immigrant' status by immigration, yippee!
This is it, we are on our way.
Apple want my husband to start work on the 14th April...so soon.
No point in the children and I hanging about, we've decided to pack up and go the weekend of the 6th, gives us time to find somewhere to live and schools.

N1cky

Congratulations.

Lots of the schools will be out for Spring Break the week of April 6th, but it's a very quick process, as long as they meet the immunization requirements.

mgirli

Thanks N1cky,
Didn't think about that, will make an appointment with our GP to certify childhood immunisations. Do you have any idea what US requirements are?

N1cky

This is for the Mountain View School District, but all California will be the same. The PPD is the difficult one, your kids will have had the TB immunization in the UK, they don't do that in the US, but do the test instead. When you've had the vaccine the test can throw up a false negative, meaning they need a chest xray. Get a letter from your UK Doctor saying the kids have had the vaccine for TB, then when you get to the US you can either a) try get the school board to accept this or b) take your kids to a GP and show them the letter, they will then advise what to do.

http://www.mvwsd.org/images/Enrollme...ements-eng.pdf

S Folinsky

Really? Where the hell do you get that one? In the off hand chance that there was a recent change in the law and not trusting my memory, I just looked it up.


P.S. -- Upon further review, it is the O-2 which is not a dual intent visa. I do note that the FAM provision puts "dual intent" in quotes which makes it pretty much what I consider to be an attenuated "dual intent" like the "E" visas -- it does not have an express requirement of a residence abroad with no intention of abandonment.

Michael

9 FAM 41.55 N5 APPLICATION OF INA 214(B) TO THE O VISA CLASSIFICATION

9 FAM 41.55 N5.1 O-1 Nonimmigrants
(CT:VISA-1578; 10-04-2010)

An applicant for an O-1 visa does not have to have a residence abroad which he or she does not intend to abandon; however, aside from the conditions set forth in 9 FAM 41.55 N8.2, there must be a temporary intent to remain on the part of the O-1 visa holder. (See 8 CFR 214.2(o)(13).) Thus, “dual intent” is permissible for O-1 visa holders. It is not specifically defined as dual intent but appears to be recognized as "dual intent" by the federal government.

http://www.state.gov/documents/organization/87233.pdf

Although not explicitly defined, most law firms consider it "dual intent".

Also there is a long history of O-1 visa holders acquiring green cards.

Therefore you are correct that O-1 visas are not defined as "dual intent", for all practical purposes, it is "dual intent".

mgirli

Hi Michael,
Please excuse my ignorance, can you explain? Terribly hard for me to follow, thank you.

Michael

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

O-1 Visa

When applying for the O-1 visa, if the individual meets that criteria, it is a usually very quick process to get issued a visa but the visa is a non immigrant visa.

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met.

EB-1 Visa

EB (Employment Based) visas are immigrant visas where if the employee is granted an EB visa, all members of the family become legal permanent residents (green card holders) upon entry to the US and have all the rights except voting, jury duty, could be removed from the US if they commit a felony, etc. as US citizens.

Most of the time, employers do not petition for EB visas because it can sometimes take years (depending on the EB classification) to get the visa issued. Therefore they transfer people on a L-1 visa or hire them on either H-1B or O-1 visas.

However EB-1 (Employment Based 1st Preference) visas are usually fairly quick to acquire since the skill set required is similar to O-1 visas but since it is an immigrant visa, everyone in the family has to go through background checks, get a medical, and interview so it takes significantly longer to acquire than an O-1 visa. However if you aren't going to be moving to the US for 6 months or so, there may possibly be time to acquire EB-1 visas.

Some self petition (a company is not required to sponsor) for EB-1 visas. Other EB classifications cannot self petition and require a company to petition for the visas.

Since most employers usually don't want to wait for EB visas to be issued, they hire or transfer employees on different visas and if the employee desires to remain in the US for an extended period of time or the spouse wants to work (O-1 and H-1B visas don't allow the spouse to work), employers will often sponsor the employee and family for legal permanent residents (green cards) once they are in the US. This is known as adjustment of status (AOS). The first thing that has to be decided is what classification the employee is in and that primarily determine how long it takes to get green cards. Besides EB being immigrant visas, it is also a classification so if someone is classified as EB-1, the process of adjusting status can start immediately. However if the employee is classified as EB-3, it may take years before they can even start adjusting status.

Ideally for you, an EB-1 visa would be great since you could work as soon as you entered the US. However that may not be possible due to time constraints or the employer not wanting to proceed that way. If that is not an option but the employer is willing to sponsor the employee (family is included) after arrival in the US for legal permanent residence, as soon as you get an Employment Authorization Document (EAD) during the AOS process, you can work in the US. The AOS process is similar to acquiring an EB visa in that everyone in the family would have background checks, get a medical, and attend an interview. However you don't have to wait for the AOS to be adjudicated to start working since an EAD can be applied for as soon as the AOS process starts and usually an EAD is issued within 60-90 days. Therefore if the employer starts the process immediately after arrival, you could possibly be working within 60-90 days. An EAD is a temporary document allowing you to work while the AOS in processing so even if it takes a year to get your green card, you can continue to work in the US.

It's all very complicated but if you want to work in the US, it may be in your interest to have a one time consultation with an immigration lawyer to determine your options. The above just points out some possibilities that would allow you to work.

Michael

To elaborate more about green cards, some come to the US thinking they will be on a short term assignment but then decide that they the like the lifestyle, weather, etc. but are made redundant and have to leave the US if they don't have a green card. Without green cards, buying a home is risky. Without green cards, some visas have maximum time limits that a person can live in the US. Without green cards, when your children reach 21, they have to leave the US or apply for a F-1 visa to attend college. Without green cards, your children are unlikely to be considered as residents for the purpose of in state tuition costs for universities and are unlikely eligible for student loans and government grants and/or scholarships. Without green cards, you and your children can't work. Without green cards, you are ineligible for most government benefits such as unemployment compensation.

With a green card, if your hubby finds a great opportunity, he can quit his job and pursue that opportunity or start his own hi-tech business if he can put together a team and find venture capital (probably several per day are started in the Silicon Valley). With a green card, you can also pursue any opportunity that you desire. With a green card, you can naturalize after 5 years and become a dual national (both British and American). With a green card, your children can decide if they would like to live, work, or attend a university in America after you leave.

Since no one can foresee the future, it is usually wise to get green cards if possible.

Just ask N1cky or Brat1 about the ramifications of not having a green card. Brat1 came to the US about 5-7 years ago with her hubby on a H-1B visa (EB-3 classification) and her on a H-4 visa that doesn't allow her to work. Although the company petitioned then quickly for green cards but because of his EB classification, there was a long wait before the AOS could be started. They purchased a home before they got the green cards and finally she started working when the AOS was in progress. Due to a muck up in the paperwork during the early petition stage, the AOS was denied. Currently they are trying to get the case reopened so they can remain in the US. Because of the AOS being denied, she also can no longer work until the issue is resolved.

In the case of N1cky, her husband was transferred on a L-1 visa so she could work on a L-2 visa and the company sponsored them for green cards. Also in their case, probably due to some paperwork error, the AOS was not approved but could probably be worked out but shortly after that, the company had a massive layoff and her hubby was also laid off as of May 5th. The company lawyers are quickly trying to solve the problem before May 5th but if the problem can't be solved by then, they will have to leave the country. One of their main issues is that they haven't told their daughter yet since they expect her to be very disappointed. There is a possibility that they could continue to live and work in the US if it is not resolved but he would have to find an employer to sponsor him for a H-1B visa and then she could no longer work until she gets a green card.

Both Brat1 and N1cky thought the end was near and their destiny would shortly be in their hands only to be disappointed and uncertain about their future.