switching from h1B to L1 visa
May 22nd 2003, 12:44 am
#1
Just Joined
Thread Starter
Joined: May 2003
Posts: 12
switching from h1B to L1 visa
i've used up 4 of my 6 years allowable on my h1 visa. doesn't look like my company is too keen to sponsor a green card, so i'm guessing my 6 years will expire and if i dont do something, i'll be forced to sell my condo and move out of lovely san diego.
can i transfer from an h1 to an L1 and work for a year, and reset the h1 6 year time limit???
can i transfer from an h1 to an L1 and work for a year, and reset the h1 6 year time limit???
May 22nd 2003, 1:14 pm
#2
Just Joined
Joined: Apr 2003
Location: Los Angeles
Posts: 13
I don't know about that. I can only say from my own experience - I've just changed jobs and was worried about how that affects the whole H1 timeline - I was on my first H1 but only a year and a half into it so didn't want to start my second H1 and only have 3 years left as opposed to 4 and a half.
The lawyer confirmed though that doesn't matter (and here's the important part) - that the H1 lasts 6 years in a lifetime no matter how many visas you go through. So based on that I don't know if the H1 timeline can ever be reset. The impression I get is it's 6 years in your life and that's it.
But I could be wrong I guess. Anyone else got any ideas?
The lawyer confirmed though that doesn't matter (and here's the important part) - that the H1 lasts 6 years in a lifetime no matter how many visas you go through. So based on that I don't know if the H1 timeline can ever be reset. The impression I get is it's 6 years in your life and that's it.
But I could be wrong I guess. Anyone else got any ideas?
May 22nd 2003, 3:40 pm
#3
Just Joined
Joined: May 2003
Posts: 9
As far as I know my HIB lasts 6 years and then I have to be out of the USA for a full calendar year before I can apply for a new HIB and a new 6 year stint. If you have been out of the country though on vacation you can claim that time back so that the 6 years is actually 6 years of active working time.
If you're on an HIB I can't see a way that you could be transferred to an L1 which is an intracompany transfer visa, meaning that you have to have worked for the company outside the USA and then they move you here.
If you're on an HIB I can't see a way that you could be transferred to an L1 which is an intracompany transfer visa, meaning that you have to have worked for the company outside the USA and then they move you here.
May 22nd 2003, 3:47 pm
#4
Just Joined
Joined: Apr 2003
Location: Los Angeles
Posts: 13
Really? I didn't know that but have just checked the BCIS website and you're right. Well there you go.
May 23rd 2003, 1:46 am
#5
Just Joined
Thread Starter
Joined: May 2003
Posts: 12
supposing i had a friend in a foreign country who owned a software firm. suppose he hired me as a consultant and then had me work for my current company??? would that work ?
May 23rd 2003, 1:43 pm
#6
Forum Regular
Joined: Apr 2003
Location: San Jose, CA
Posts: 148
Nope:
An applicant for an L-1 visa must demonstrate that:
* the prospective employer has filed, and the Immigration and Naturalization Service has approved a petition, Form I-129, requesting L status for the alien;
* he or she has been employed overseas by the transferring organization for at least one year within the past three years and will be performing duties in the United States for the same employer or an affiliate; and
* the position to be filled is managerial, executive, or involves specialized knowledge.
from http://usembassy.state.gov/naha/wwwh4120.html
Has anybody ever found a loophole in the immigration rules? I guess if they have, they're not telling
Pat
An applicant for an L-1 visa must demonstrate that:
* the prospective employer has filed, and the Immigration and Naturalization Service has approved a petition, Form I-129, requesting L status for the alien;
* he or she has been employed overseas by the transferring organization for at least one year within the past three years and will be performing duties in the United States for the same employer or an affiliate; and
* the position to be filled is managerial, executive, or involves specialized knowledge.
from http://usembassy.state.gov/naha/wwwh4120.html
Has anybody ever found a loophole in the immigration rules? I guess if they have, they're not telling
Pat
May 23rd 2003, 10:57 pm
#7
Just Joined
Thread Starter
Joined: May 2003
Posts: 12
so could i work for a foriegn company and come on a B1 visa to work for my existing company?
i'm pulling at straws here, but san diego is such a beautiful place!!!!
can i atleast stay here on a visitors visa or do i positively have to leave the country for a year?
how about i apply for canadian immigration now and in 2 years come back on a T1 visa?
i'm pulling at straws here, but san diego is such a beautiful place!!!!
can i atleast stay here on a visitors visa or do i positively have to leave the country for a year?
how about i apply for canadian immigration now and in 2 years come back on a T1 visa?
May 24th 2003, 5:33 am
#8
BE Enthusiast
Joined: Mar 2003
Location: Raleigh, NC
Posts: 346
Originally posted by superpat
Nope:
An applicant for an L-1 visa must demonstrate that:
* the prospective employer has filed, and the Immigration and Naturalization Service has approved a petition, Form I-129, requesting L status for the alien;
* he or she has been employed overseas by the transferring organization for at least one year within the past three years and will be performing duties in the United States for the same employer or an affiliate; and
* the position to be filled is managerial, executive, or involves specialized knowledge.
from http://usembassy.state.gov/naha/wwwh4120.html
Has anybody ever found a loophole in the immigration rules? I guess if they have, they're not telling
Pat
Nope:
An applicant for an L-1 visa must demonstrate that:
* the prospective employer has filed, and the Immigration and Naturalization Service has approved a petition, Form I-129, requesting L status for the alien;
* he or she has been employed overseas by the transferring organization for at least one year within the past three years and will be performing duties in the United States for the same employer or an affiliate; and
* the position to be filled is managerial, executive, or involves specialized knowledge.
from http://usembassy.state.gov/naha/wwwh4120.html
Has anybody ever found a loophole in the immigration rules? I guess if they have, they're not telling
Pat
I don't know if we will want to stay but it's always good to know your options
May 24th 2003, 4:57 pm
#9
Joined: Feb 2002
Posts: 6,848
Emm - we've been in the States for just about three years on L1/L2 visas. What happens is initially they're issued for three years then can be extended twice more for 2 years each time. Within that time you can apply for Green Cards (but then if you go on another expat assignment you have to get special permission from the BCIS and they normally only like you to do this for about a year. Also you're then subject to paying the tax to the IRS if you live worldwide, unlike British passport holders). If you stay for 7 years then leave, you have to be resident outside the US for one year before being issued with new L1/L2 visas to return.
I didn't want my passport to be sent off internally for nearly three months for the new visa to go on it as I'm going overseas in a few days, so I have to have a 5 minute 'interview' at the US Embassy in London before returning to the US, it's just a formality really, they didn't ask my husband any questions at all when he was there last month. I think they just want to tie up your application & photo with a living person.
My husband's employer is willing to sponsor us for Green Cards but we might go that route in a year or so, we're not in a hurry (and our rent allowance stops as we're then localised if we get GCs!).
I didn't want my passport to be sent off internally for nearly three months for the new visa to go on it as I'm going overseas in a few days, so I have to have a 5 minute 'interview' at the US Embassy in London before returning to the US, it's just a formality really, they didn't ask my husband any questions at all when he was there last month. I think they just want to tie up your application & photo with a living person.
My husband's employer is willing to sponsor us for Green Cards but we might go that route in a year or so, we're not in a hurry (and our rent allowance stops as we're then localised if we get GCs!).
May 24th 2003, 5:15 pm
#10
BE Enthusiast
Joined: Mar 2003
Location: Raleigh, NC
Posts: 346
Originally posted by Englishmum
Emm - we've been in the States for just about three years on L1/L2 visas. What happens is initially they're issued for three years then can be extended twice more for 2 years each time. Within that time you can apply for Green Cards (but then if you go on another expat assignment you have to get special permission from the BCIS and they normally only like you to do this for about a year. Also you're then subject to paying the tax to the IRS if you live worldwide, unlike British passport holders). If you stay for 7 years then leave, you have to be resident outside the US for one year before being issued with new L1/L2 visas to return.
I didn't want my passport to be sent off internally for nearly three months for the new visa to go on it as I'm going overseas in a few days, so I have to have a 5 minute 'interview' at the US Embassy in London before returning to the US, it's just a formality really, they didn't ask my husband any questions at all when he was there last month. I think they just want to tie up your application & photo with a living person.
My husband's employer is willing to sponsor us for Green Cards but we might go that route in a year or so, we're not in a hurry (and our rent allowance stops as we're then localised if we get GCs!).
Emm - we've been in the States for just about three years on L1/L2 visas. What happens is initially they're issued for three years then can be extended twice more for 2 years each time. Within that time you can apply for Green Cards (but then if you go on another expat assignment you have to get special permission from the BCIS and they normally only like you to do this for about a year. Also you're then subject to paying the tax to the IRS if you live worldwide, unlike British passport holders). If you stay for 7 years then leave, you have to be resident outside the US for one year before being issued with new L1/L2 visas to return.
I didn't want my passport to be sent off internally for nearly three months for the new visa to go on it as I'm going overseas in a few days, so I have to have a 5 minute 'interview' at the US Embassy in London before returning to the US, it's just a formality really, they didn't ask my husband any questions at all when he was there last month. I think they just want to tie up your application & photo with a living person.
My husband's employer is willing to sponsor us for Green Cards but we might go that route in a year or so, we're not in a hurry (and our rent allowance stops as we're then localised if we get GCs!).
That was just what I wanted to know. We have our company providing a rent allowance also but the house we have just found to rent we can stay in for 2 years with an option to buy after that. It's nice to know that if we go that route we won't suddenly find ourselves having to leave.
Do you have to give up your British passport if you go the greencard route?
Emm.
May 24th 2003, 7:59 pm
#11
Pagan Sex God
Joined: May 2002
Location: Living in Oblivion
Posts: 3,668
Originally posted by Emm
Thanks Englishmum,
That was just what I wanted to know. We have our company providing a rent allowance also but the house we have just found to rent we can stay in for 2 years with an option to buy after that. It's nice to know that if we go that route we won't suddenly find ourselves having to leave.
Do you have to give up your British passport if you go the greencard route?
Emm.
Thanks Englishmum,
That was just what I wanted to know. We have our company providing a rent allowance also but the house we have just found to rent we can stay in for 2 years with an option to buy after that. It's nice to know that if we go that route we won't suddenly find ourselves having to leave.
Do you have to give up your British passport if you go the greencard route?
Emm.
Patrick
May 24th 2003, 8:38 pm
#12
BE Enthusiast
Joined: Mar 2003
Location: Raleigh, NC
Posts: 346
Originally posted by Patrick
No, even if you become an american citizen you don't have to give up your british passport. You are now and forever will be British! God Save the Queen.
Patrick
No, even if you become an american citizen you don't have to give up your british passport. You are now and forever will be British! God Save the Queen.
Patrick
I also like being a Brit outside of Britain as we can fly the Union Jack without being thought of as racists, it's good to be proud of your heritage
May 24th 2003, 8:42 pm
#13
Pagan Sex God
Joined: May 2002
Location: Living in Oblivion
Posts: 3,668
Originally posted by Emm
TY Patrick, I was a little worried about that since I am and always will be British wherever I happen to live. I kind of like my British Passport although I was very loath to swap the old blue British one for the new red European one when the time came.
I also like being a Brit outside of Britain as we can fly the Union Jack without being thought of as racists, it's good to be proud of your heritage
TY Patrick, I was a little worried about that since I am and always will be British wherever I happen to live. I kind of like my British Passport although I was very loath to swap the old blue British one for the new red European one when the time came.
I also like being a Brit outside of Britain as we can fly the Union Jack without being thought of as racists, it's good to be proud of your heritage
Who won eurovision
Patrick
May 24th 2003, 8:47 pm
#14
BE Enthusiast
Joined: Mar 2003
Location: Raleigh, NC
Posts: 346
Originally posted by Patrick
I have a flag of st george flying outside my house (and old glory, I don't want to piss my neighbors off too much).
Who won eurovision
Patrick
I have a flag of st george flying outside my house (and old glory, I don't want to piss my neighbors off too much).
Who won eurovision
Patrick
I haven't been watching the eurovision so I don't know.
Emm.
May 25th 2003, 3:15 pm
#15
Joined: Feb 2002
Posts: 6,848
The only way to renounce your British citizenship is to actually do so before a British consular official!
There is some info on dual British-American citizenship here on the consular pages section:
http://www.britain-info.org
There is some info on dual British-American citizenship here on the consular pages section:
http://www.britain-info.org
