H1-B for work contract for a US Company

[jonm27 0]

Hello,

MSL is an IT Consultancy and Solution development company consisting of two employees based in the United Kingdom, established in August 2009. I am the Director and lead developer/consultant for the company. One of our main customers is a US Corporation (MGC) and they have recently requested that the work we undertake in the UK for their European and North American Sales organisation is replicated in North America. I have been requested to move to one of their North America offices, based in Warren, New Jersey.

The Consular have informed me that a H1-B visa is required. However i'm not a direct employee of the US company, I have a work contract in place to deliver on a speicfic project.

Does anyone forsee or know if a standard H1-B application will be ok, or if I should be considering other routes?

Thanks in advance.

Jon M

[Boiler 45,744]

So you are going to move over as their direct employee.

H1B would seem the obvious visa, there are educational requirements usually not an issue in the IT sphere.

There would seem no other options.

Your future employer does all the filing, you attend the interview.

Seems slightly odd, most IT Contractors seem to want to maintain their independence.

[jonm27 0]

So you are going to move over as their direct employee.

H1B would seem the obvious visa, there are educational requirements usually not an issue in the IT sphere.

There would seem no other options.

Your future employer does all the filing, you attend the interview.

Seems slightly odd, most IT Contractors seem to want to maintain their independence.

Hi Boiler,

Thanks for the reply. You are correct, I do want to keep my independance. I have a 12 month contract in place to deliver on a project for them in New Jersey. I aim to remain an employee of MSL and not become an employee of the customer.

Best Regards,

Jon M

[Boiler 45,744]

You can attend meetings on the VWP.

If you want to work in the US then the only way would be to become their employee.

[redgrapes 0]

Talk to a good immigration attorney based in the US. I don't believe the previous poster is right. This specific employment forum seems to have a lot of misinformation. Try other ones like trackitt.com for better information. There are lots of IT people on those boards that are not employees of the companies they perform services for. They typically work for an IT consulting firm, who files for their H-1.

[Boiler 45,744]

Talk to a good immigration attorney based in the US. I don't believe the previous poster is right. This specific employment forum seems to have a lot of misinformation. Try other ones like trackitt.com for better information. There are lots of IT people on those boards that are not employees of the companies they perform services for. They typically work for an IT consulting firm, who files for their H-1.

They have cracked down on those warehousing operations, it now has to be legit.

The obvious visa for a UK Employer sending someone to the US would be an L, I find it hard for a company with 2 employees to qualify.

Sounds like a money issue when it comes down to it, if they really want it to happen then they will pay him the money, take him on their books and get their Immigration Lawyer to sort it.

[jonm27 0]

Thanks for your replies. I'll let you know how it progresses.

[redgrapes 0]

Yes it has to be legit. The original poster's situation seems to be legit. It doesn't seem like a warehousing operation. It's not a matter of if we find it hard for a certain company to qualify. It's based on whatever the rules are, which we both do not have concrete knowledge on. This is why I suggested a good immigration attorney.

[Boiler 45,744]

It is no that difficult to look up the basics.

Google is your friend.

For a start a H1b requires a US Employer.

[Harsh_77 718]

I don’t think OP is eligible for H1B MSL (Customer) of OP – MSL cannot file for OP’s H1B if he is not an employee of MSL.

What I understood from the post is MSL has some work for duration of 12 months and they would like OP to come to US and work on it.

OP cannot file for L1 either as OP does not have an office in US.

So I am not sure if OP can file for any visa which would let him work independently for his customer.

Edited January 20, 2011 by Harsh_77