Visa's / applications and getting round them . . is it possible?

[sarsorti 36]

Hi

Thanks for you informative reply. It's not that I write what I think, more so its what I interpret. Nothing seems to be clear on the Internet lol.

My view would be that the company applies for L1-A or B (my role although is in production, is classed as technical too). While the application is processed, I would visit using VWP and not exceed my 90 days. The real sticking point is the 1 year employment pre application. How stringent is that and does freelance work count?

Once I finally had my visa, I would marry before the term and adjust my status. My L1 visa should allow me to continue working while the adjustment is made.

Failing all of this, it's a long and painful long distance relationship with my partner and future child..............

Thanks

Welcome to the VJ...Visa Journey

[Boiler 45,314]

Hi

Thanks for you informative reply. It's not that I write what I think, more so its what I interpret. Nothing seems to be clear on the Internet lol.

My view would be that the company applies for L1-A or B (my role although is in production, is classed as technical too). While the application is processed, I would visit using VWP and not exceed my 90 days. The real sticking point is the 1 year employment pre application. How stringent is that and does freelance work count?

Once I finally had my visa, I would marry before the term and adjust my status. My L1 visa should allow me to continue working while the adjustment is made.

Failing all of this, it's a long and painful long distance relationship with my partner and future child..............

Thanks

It is theoretically possible to be a contractor and have that time count towards the 1 year.

Any time spent in the US would be added to the 1 year.

Back to back 'visits' will eventually end in tears.

Her moving to the UK will be quickest.

[Owen_London 65]

Hi

Thanks for you informative reply. It's not that I write what I think, more so its what I interpret. Nothing seems to be clear on the Internet lol.

My view would be that the company applies for L1-A or B (my role although is in production, is classed as technical too). While the application is processed, I would visit using VWP and not exceed my 90 days. The real sticking point is the 1 year employment pre application. How stringent is that and does freelance work count?

Once I finally had my visa, I would marry before the term and adjust my status. My L1 visa should allow me to continue working while the adjustment is made.

Failing all of this, it's a long and painful long distance relationship with my partner and future child..............

Thanks

Well, L1-A is only management or executive. Your role definitely sounds technical to me.

Bear in mind that the VWP is for business meetings and the like, not for working in the US for a month or two. I used to come for a week, or occasionally two, once every couple of months, and work with the rest of my team here. How long would a border agent consider too long for a business trip? I don't know, and it probably varies.

The minimum 1-year requirement for L1 is absolute. And you need to be a permanent employee of the company itself, or another company in the group. Freelance doesn't count, sorry.

To be honest, if you are seriously considering marriage, then in your position I would consider this:

- talk to your partner

- choose one of the companies and try to negotiate that you will arrange for your own CR1 visa based on marriage, and get them to pay you a sign-on bonus to cover your visa application costs. Also get a guarantee of the transfer of your position to NY in the employment contract. Consider asking for a minimum number of visits for work during the visa application period, and also confirm that their international relocation policy will cover your move and get to see it.

- get married on your next visit to the US. You need a marriage license, and the details vary by state, but it's much easier than the UK.

- apply for a CR1 visa

- emigrate

Edited January 14, 2013 by Owen_London

[Owen_London 65]

It is theoretically possible to be a contractor and have that time count towards the 1 year.

You're supposed to be an employee of the same group of companies that will employ you in the US. Being a contractor doesn't count.

Any time spent in the US would be added to the 1 year.

That's possible, but I don't remember seeing anything that said so. Have you got a link from USCIS that says that?

[Boiler 45,314]

You're supposed to be an employee of the same group of companies that will employ you in the US. Being a contractor doesn't count.

That's possible, but I don't remember seeing anything that said so. Have you got a link from USCIS that says that?

For me it is common knowledge, it would be easy to look it up.