Staying with the same company - transfer? on K1 visa

[SaltedCaramel 0]

Hi,

I posted this in the 'finding work' thread but this area looks like it may be more suitable… for the moderators, you can delete the other thread. Sorry for the duplication.

I'm thinking that I might need to hire a lawyer for a consultation on this… but thought I'd ask if anyone has been in a similar situation.

I work for a company that is across Canada and the US (head office is in the US). I work remotely from a home office in Canada and manage several projects that is N. American wide. I travel to and from the US a handful of times a year for conferences. I mentioned to my boss (who is a dual citizen and is currently living in Canada, he started with the company in the US) that I would be planning on relocating to the US in 2014 to get married to my F. He mentioned that if I waited I can do an internal transfer and get a work visa. As much as I appreciate the offer, I did not want to wait another year for the potential of a work visa being denied and having to start the K1 process (our original plan), delaying us over a year of when we want to finally be together. My company has always said that they want to keep me because I've put in so much work and know my role like the back of my hand. Many of my projects are in the US, although I am currently located in Canada so my boss has never seen a problem with me working in the US eventually. To him, it probably would be easier on his budget because I would be traveling domestically most of the time.

My question is… after the K1, I have the AP process to go through, do I take a leave of absence and get "re-hired" by the same company with just a different remote location? I guess because I'm not necessarily moving offices, I'll still be reporting to the same office but I'll be in a different place… not sure how I should go about that.

Thanks!

[christeen 966]

So will you be reporting and paid by the Canadian office or a USA office? This is mostly for tax implications... Most companies can just do an internal transfer (it should be pretty easy since you will be on a non-sponsored visa) but it would depend if you are being "assumed" by a USA branch or paid in Canada. IDE latter, the. You will have Canadian and USA taxes to sort through...

[Harpa Timsah 13,258]

A work visa shouldn't take a year. A company transfer is L1 and it goes pretty fast. I would do that if you can, hands down. You could work immediately upon entry, and after you marry and file a I-130/I-485 package, you would still be able to travel internationally on your L1. L1 is also dual-intent so there is no problem using that visa with the intention to later file AOS in the US based on marriage.

[SaltedCaramel 0]

Hi,

I posted this in the 'finding work' thread but this area looks like it may be more suitable… for the moderators, you can delete the other thread. Sorry for the duplication.

I'm thinking that I might need to hire a lawyer for a consultation on this… but thought I'd ask if anyone has been in a similar situation.

I work for a company that is across Canada and the US (head office is in the US). I work remotely from a home office in Canada and manage several projects that is N. American wide. I travel to and from the US a handful of times a year for conferences. I mentioned to my boss (who is a dual citizen and is currently living in Canada, he started with the company in the US) that I would be planning on relocating to the US in 2014 to get married to my F. He mentioned that if I waited I can do an internal transfer and get a work visa. As much as I appreciate the offer, I did not want to wait another year for the potential of a work visa being denied and having to start the K1 process (our original plan), delaying us over a year of when we want to finally be together. My company has always said that they want to keep me because I've put in so much work and know my role like the back of my hand. Many of my projects are in the US, although I am currently located in Canada so my boss has never seen a problem with me working in the US eventually. To him, it probably would be easier on his budget because I would be traveling domestically most of the time.

My question is… after the K1, I have the AP process to go through, do I take a leave of absence and get "re-hired" by the same company with just a different remote location? I guess because I'm not necessarily moving offices, I'll still be reporting to the same office but I'll be in a different place… not sure how I should go about that.

Thanks!

I'm not sure how it will all work out but the US company is the "parent company" but I will always be paid through our canadian office because although we're in the same company, we operate in a different division. I know we recently hired someone who is located in the US but is reporting to and is paid by the payroll team in the Canadian office. Where my pay checks come from won't change, the only thing changing is that I would be working remotely in the US instead of in Canada.

A work visa shouldn't take a year. A company transfer is L1 and it goes pretty fast. I would do that if you can, hands down. You could work immediately upon entry, and after you marry and file a I-130/I-485 package, you would still be able to travel internationally on your L1. L1 is also dual-intent so there is no problem using that visa with the intention to later file AOS in the US based on marriage.

My boss mentioned that we can look into a work visa next year either Fall of 2014 or New Year in 2015. Although the work visa may not take that long… I guess I am just tired of waiting to start this process in our lives. If we wait for Fall of 2014 to come around and he changes his mind then that delays us for a year from now and the subsequent wait for the K1 process.

I haven't disclosed all my plans to my employer just yet because, if possible, I would like to keep my job. For the last 3 years of us doing LD, it's always been career priorities first for us. I'm at a point where I just can't be apart from him anymore.

[Harpa Timsah 13,258]

I'm not sure how it will all work out but the US company is the "parent company" but I will always be paid through our canadian office because although we're in the same company, we operate in a different division. I know we recently hired someone who is located in the US but is reporting to and is paid by the payroll team in the Canadian office. Where my pay checks come from won't change, the only thing changing is that I would be working remotely in the US instead of in Canada.

My boss mentioned that we can look into a work visa next year either Fall of 2014 or New Year in 2015. Although the work visa may not take that long… I guess I am just tired of waiting to start this process in our lives. If we wait for Fall of 2014 to come around and he changes his mind then that delays us for a year from now and the subsequent wait for the K1 process.

I haven't disclosed all my plans to my employer just yet because, if possible, I would like to keep my job. For the last 3 years of us doing LD, it's always been career priorities first for us. I'm at a point where I just can't be apart from him anymore.

Ahh, I would ask them if they can move up the timetable.

[SaltedCaramel 0]

Ahh, I would ask them if they can move up the timetable.

I've tried. We're opening another office and he's been really tied up with that. And because he's put me in charge of a specific industry of clients, I think he wants me to be close until at least around the time he originally offered (Fall 2014/Jan 2015).

It's already stressful trying to balance an engagement and getting married… another is to put all that trust into someone and then it doesn't pan out. I know that my boss is a good man and he means well. But I'm afraid that if something changes in the next year (we've had a lot of growth in our company and people come and go), even in the business or god forbid he quits or something… then I'm hooped.

[Harpa Timsah 13,258]

Ah, that sucks

Well, after you get the K-1 and tell your boss, then it will be up to the company to put you on unpaid leave or you quit and get rehired once you have permission to work in the US. Either is fine. Good luck.

Edit: Lawyers do the work on the visas for work, your boss would be paying essentially to keep you working for 3-5 months or so instead of you having to take leave/get rehired. You might consider bringing it up again.

Edited November 22, 2013 by Harpa Timsah

[Mcbride260808 1]

I waited until we had the k1 approval and now my company are looking into the options - so I understand a little of your dilemmas!. you could go on a sabbatical for three months (unpaid leave) - so technically you wouldn't be giving up your job (you remain employed in Canada for three months but do no work) and after the three months you could then be transferred...benefit of this is your length of service would not be broken, you do not need to be rehired and the EAD may come through faster than the stated three months ...

Edited November 23, 2013 by Mcbride260808

[SaltedCaramel 0]

I waited until we had the k1 approval and now my company are looking into the options - so I understand a little of your dilemmas!. you could go on a sabbatical for three months (unpaid leave) - so technically you wouldn't be giving up your job (you remain employed in Canada for three months but do no work) and after the three months you could then be transferred...benefit of this is your length of service would not be broken, you do not need to be rehired and the EAD may come through faster than the stated three months ...

I've never looked into unpaid leave etc… but would that be considered similar to sick leave? I'm reading the canucks thread and a lot of canadians who move are looking into EI or applying to it. I had a coworker go on sick/stress leave for 2 months and was able to apply for EI during that time.

[NikLR 13,232]

No it would be the equivalent of a sabbatical. You'd be unpaid and not eligible for EI.

[Mcbride260808 1]

yes like unpaid agreed 'holiday' for three months.