Visa questions Help
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My job in France is looking a little dodgy at the moment and I've just had a very interesting telephone conversation with a couple of guys in Indiana that ended with them saying "when can you start?" and "how much do you want?". It sounds like a great opportunity that I'm interested to pursue but I don't know the best way to proceed as far as visa are concerned. I've been googling but most of it reads like "I'm from india and Microsoft have offered me a job...." which isn't quite my situation so I've come to the experts. These guys have assured me that they have quite a lot of political influence and can help with a visa but I don't know quite what to suggest.
As we don't really know each other apart from the latest 20 minute call I thought it might be good to start up with a 6 month contract, possibly with me as a consultant working for a company that I could set up here and then we could change to permanent if things went well. Could I do it like this or is this going to make longer term problems for me if I want to stay?
As we don't really know each other apart from the latest 20 minute call I thought it might be good to start up with a 6 month contract, possibly with me as a consultant working for a company that I could set up here and then we could change to permanent if things went well. Could I do it like this or is this going to make longer term problems for me if I want to stay?
zbc said:
My job in France is looking a little dodgy at the moment and I've just had a very interesting telephone conversation with a couple of guys in Indiana that ended with them saying "when can you start?" and "how much do you want?". It sounds like a great opportunity that I'm interested to pursue but I don't know the best way to proceed as far as visa are concerned. I've been googling but most of it reads like "I'm from india and Microsoft have offered me a job...." which isn't quite my situation so I've come to the experts. These guys have assured me that they have quite a lot of political influence and can help with a visa but I don't know quite what to suggest.
As we don't really know each other apart from the latest 20 minute call I thought it might be good to start up with a 6 month contract, possibly with me as a consultant working for a company that I could set up here and then we could change to permanent if things went well. Could I do it like this or is this going to make longer term problems for me if I want to stay?
To be authorized for work in the US you need an H1-B visa which is a temporary resident's work visa that can be converted to Green Card by a process called 'adjusting'. To get a new visa is not easy and to extend it is not easy so you need to apply for a 3 year visa.As we don't really know each other apart from the latest 20 minute call I thought it might be good to start up with a 6 month contract, possibly with me as a consultant working for a company that I could set up here and then we could change to permanent if things went well. Could I do it like this or is this going to make longer term problems for me if I want to stay?
In turn this means that you need a 3 year contract. You also need them to pay for the visa, lawyers and agree to sponsor you for a Permanent Resident's visa (Green Card). Without sponsorship, you will either need to extend the H1-B or leave the country.
So what next, get a job offer with the correct contract length and right pay package. Accept, contingent on USCIS accepting the visa application the employer is petitioning for on your behalf. Their lawyer will contact you, you fill in the paperwork and wait. You may be interviewed at a US Embassy. If you get the visa, pack your bags and get on a plane.
Thanks Gavin for your very thorough answer. It's the "it takes a long time" bit which drags not unsurprisingly. These guys are building a new factory and want me to help them set it up and then run it. If I googled correctly based on your information then they would normally apply in April and then get approval in October although there appear to be some exceptions to this. I don't mind doing this for the running it bit but how can I get on the ground now and be there to help them set it up (without at the same time risking my chances of getting the extended ticket)?
How would one of the companies that is selling them machinery manage the installation process? Could I piggyback on one of them and work 6 months there but employed by someone else?
How would one of the companies that is selling them machinery manage the installation process? Could I piggyback on one of them and work 6 months there but employed by someone else?
H1-B visas are limited in number as well, and usually very oversubscribed.
TBH you are unlikely to be able to do this, getting a visa to work in the US is hard, intra company transfer is arguably the best bet (L visa) but that only works transferring within a company that you have a track record of working for in a senior capacity.
TBH you are unlikely to be able to do this, getting a visa to work in the US is hard, intra company transfer is arguably the best bet (L visa) but that only works transferring within a company that you have a track record of working for in a senior capacity.
Also thanks Siscar even though it's a little more downbeat an answer. It seems likely that they will pay for all the things mentioned above and arrange sponsorship, and I'm confident that I meet the requirements for an H1B but the timetable (apply in April, start in October?) could be awkward as they've said they would like me there tomorrow if possible. I'm doing this because it looks like a good job, not because I want to work in the US so finding some other company to transfer me there on an L1 is a non starter.
If I started my own company, or joined a friend who already does consulting for himself, could I go over there on VWP for a few months off and on if they paid me here and "help" them whilst the H1B was going through?
If I started my own company, or joined a friend who already does consulting for himself, could I go over there on VWP for a few months off and on if they paid me here and "help" them whilst the H1B was going through?
Well firstly bear in mind that the H1-B is far from a foregone conclusion. So, for example, you need to have a degree or other suitable qualification, the role needs to be one that is eligible and there is a cap on the numbers, currently 65,000. The employer can apply in April (they apply, not you) but the cap is reached almost immediately.
So I'm not saying that getting an H1-B isn't going to happen, but if the employer hasn't done it before, if the role doesn't qualify or if you don't qualify (forget experience - it's academic qualifications that count, and they need to be ones that the US authorities recognise) then it's very hard.
An L1 isn't an option for you, but that is how a lot of people who move there to work do it.
As for doing it short term under VWP, what you are suggesting isn't allowed, whether you would be found out is another question, but it's against the rules of the VWP and if they find you doing that you can pretty much kiss goodbye to ever getting a visa.
Moving to the States is very hard.
So I'm not saying that getting an H1-B isn't going to happen, but if the employer hasn't done it before, if the role doesn't qualify or if you don't qualify (forget experience - it's academic qualifications that count, and they need to be ones that the US authorities recognise) then it's very hard.
An L1 isn't an option for you, but that is how a lot of people who move there to work do it.
As for doing it short term under VWP, what you are suggesting isn't allowed, whether you would be found out is another question, but it's against the rules of the VWP and if they find you doing that you can pretty much kiss goodbye to ever getting a visa.
Moving to the States is very hard.
I came in on an L1 then paid for my own green card (around $10k). Almost everyone I know who got in on a H1B got screwed when it came to transferring to a green card, some are still waiting after 5 years. Getting over here is a minefield, staying is harder!
Be careful of anyone saying to come in on the I94 and staying for the 90 day period - if you are caught 'working' while in the US you will not only be turfed out but you will be banned from re-entry.
Be careful of anyone saying to come in on the I94 and staying for the 90 day period - if you are caught 'working' while in the US you will not only be turfed out but you will be banned from re-entry.
Siscar said:
Well firstly bear in mind that the H1-B is far from a foregone conclusion. So, for example, you need to have a degree or other suitable qualification, the role needs to be one that is eligible and there is a cap on the numbers, currently 65,000. The employer can apply in April (they apply, not you) but the cap is reached almost immediately.
So I'm not saying that getting an H1-B isn't going to happen, but if the employer hasn't done it before, if the role doesn't qualify or if you don't qualify (forget experience - it's academic qualifications that count, and they need to be ones that the US authorities recognise) then it's very hard.
An L1 isn't an option for you, but that is how a lot of people who move there to work do it.
As for doing it short term under VWP, what you are suggesting isn't allowed, whether you would be found out is another question, but it's against the rules of the VWP and if they find you doing that you can pretty much kiss goodbye to ever getting a visa.
Moving to the States is very hard.
Thanks again to both of you for the responses, even though I'm now even more terminally depressed than before. It isn't a dream of mine to work in the states but it is one hell of a good job that would be a real shame to decline but hey ho.So I'm not saying that getting an H1-B isn't going to happen, but if the employer hasn't done it before, if the role doesn't qualify or if you don't qualify (forget experience - it's academic qualifications that count, and they need to be ones that the US authorities recognise) then it's very hard.
An L1 isn't an option for you, but that is how a lot of people who move there to work do it.
As for doing it short term under VWP, what you are suggesting isn't allowed, whether you would be found out is another question, but it's against the rules of the VWP and if they find you doing that you can pretty much kiss goodbye to ever getting a visa.
Moving to the States is very hard.
I'm pretty sure that I qualify for H1B as I have a degree, two further university qualifications and I'm CEng so qualifications are good. They've looked in the US but found no one. It's effectively a start up so no the employer hasn't done it before but the start up investors ar being led by an Attorney so I'm hoping he has an idea of what is involved. I'm also not too worried about the green card thing. If I can do 5 years I'll be happy to come home again.
I realise that it isn't allowed to simply go over on a VWP and get paid to work but there does seem to be a substantial grey area that I will want to look at. One of the ideas that we talked about would be for me to go asap and spend a weeks/ten days with them, review their plans for them and get to know each other - effectively an extended interview. I'm hoping that they'd cover my expenses for this but clearly I wouldn't expect to be paid. This seems to fall within the "attending a few meetings" which would seem to be allowable.
It's a bit of a left field option but what about Investment Visas? Could I borrow the money to invest in the start up and thus qualify or do I need to have this investments money just sitting around already?
Hey
the best advice i can give you is to speak to a good immigration lawyer
i moved over the states via an L1 visa around 5 years ago, we tried a couple of companies for visa help when we started the process, including some "big names"
We ended up going with a great guy based in london who works for a firm specializing in immigration law, he is one of the few lawyers/attorneys we found that was based in the UK and qualified to practice law in both countries
Drop me a PM if you want an introduction
the best advice i can give you is to speak to a good immigration lawyer
i moved over the states via an L1 visa around 5 years ago, we tried a couple of companies for visa help when we started the process, including some "big names"
We ended up going with a great guy based in london who works for a firm specializing in immigration law, he is one of the few lawyers/attorneys we found that was based in the UK and qualified to practice law in both countries
Drop me a PM if you want an introduction
Also
I found the site below very helpful from a reading posts point of view and also getting answers to specific questions
http://britishexpats.com/forum/forumdisplay.php?f=...
I found the site below very helpful from a reading posts point of view and also getting answers to specific questions
http://britishexpats.com/forum/forumdisplay.php?f=...
Hi ZBC,
I came over here many years ago on a Visitor's Visa, and I am not sure how much of this info is of any use to you today.
I was given 9 months Visa at the airport, and looked for and bought a small business. When it was getting close to the 9 months I went to the nearest Immigration Office and told them my position and asked their advice. They said I could apply for the right Visa, which would mean waiting outside the country for ten years. I explained that I couldn't leave my business for ten minutes unattended let alone ten years. By the way, there is no objection to a visitor buying a business, but he/she must not earn anything from it - and that is what I told them.
They gave me two pieces of advice. 1. Hiring an attorney is optional; there is nothing an attorney cannot do that you cannot do yourself (except take a lot of your money) 2. They noticed that I am an engineer and suggested I see if I could get hired by the State or City. Within a few days I was hired by the City; after a few more days I was sent away until my paperwork was in order. In those days it was a matter of working with the Labor Department to advertise the vacancy in a local newspaper; then when the applications were received the City had to tell the Labor Department people why I was the best applicant. Luckily There was a shortage of engineers and I got my work permit in about a month. The Green Card followed soon after, but Immigration told me I had to go out of the country for a minimum of 24 hours (Mexico & Canada wouldn't work) So I took a short vacation in the UK, reported to Immigration, where they had a good laugh, because they really didn't expect me to go!
It looks like you are going to come here as an engineer. You must not practice engineering without a licence, issued by the relevant State. You may want to start checking if you have everything to be allowed to sit the exams. In my case I had to go to a lot of trouble to explain how in Britain we stay in High School an extra year, so the Bachelor's degree is only 3 years - in fact if you start in October and graduate in May it is more like 2 1/2 years, which does not meet the 4 year degree requirement. Many states are more enlightened now so this is not a problem. At first I tried to get be grandfathered because of my CEng qualification; that would have been a mistake; later you will want to get your PE for another State and passing the exams is the only way.
As I started this off, I repeat that much of this will be of no use to you as it is outdated. If you are successful I feel sure you will not regret it; and I cannot imagine why you would want to go back to Europe.
I do recommend you come here on a long vacation, spending time with your potential employers, getting to know them and vice-versa. You may be able to start the process in that time. You must not be EMPLOYED during that time.
Good Luck
Wilf.
I came over here many years ago on a Visitor's Visa, and I am not sure how much of this info is of any use to you today.
I was given 9 months Visa at the airport, and looked for and bought a small business. When it was getting close to the 9 months I went to the nearest Immigration Office and told them my position and asked their advice. They said I could apply for the right Visa, which would mean waiting outside the country for ten years. I explained that I couldn't leave my business for ten minutes unattended let alone ten years. By the way, there is no objection to a visitor buying a business, but he/she must not earn anything from it - and that is what I told them.
They gave me two pieces of advice. 1. Hiring an attorney is optional; there is nothing an attorney cannot do that you cannot do yourself (except take a lot of your money) 2. They noticed that I am an engineer and suggested I see if I could get hired by the State or City. Within a few days I was hired by the City; after a few more days I was sent away until my paperwork was in order. In those days it was a matter of working with the Labor Department to advertise the vacancy in a local newspaper; then when the applications were received the City had to tell the Labor Department people why I was the best applicant. Luckily There was a shortage of engineers and I got my work permit in about a month. The Green Card followed soon after, but Immigration told me I had to go out of the country for a minimum of 24 hours (Mexico & Canada wouldn't work) So I took a short vacation in the UK, reported to Immigration, where they had a good laugh, because they really didn't expect me to go!
It looks like you are going to come here as an engineer. You must not practice engineering without a licence, issued by the relevant State. You may want to start checking if you have everything to be allowed to sit the exams. In my case I had to go to a lot of trouble to explain how in Britain we stay in High School an extra year, so the Bachelor's degree is only 3 years - in fact if you start in October and graduate in May it is more like 2 1/2 years, which does not meet the 4 year degree requirement. Many states are more enlightened now so this is not a problem. At first I tried to get be grandfathered because of my CEng qualification; that would have been a mistake; later you will want to get your PE for another State and passing the exams is the only way.
As I started this off, I repeat that much of this will be of no use to you as it is outdated. If you are successful I feel sure you will not regret it; and I cannot imagine why you would want to go back to Europe.
I do recommend you come here on a long vacation, spending time with your potential employers, getting to know them and vice-versa. You may be able to start the process in that time. You must not be EMPLOYED during that time.
Good Luck
Wilf.
thetwistybits said:
Also
I found the site below very helpful from a reading posts point of view and also getting answers to specific questions
http://britishexpats.com/forum/forumdisplay.php?f=...
I agree this is excellent advice - I´m there already I found the site below very helpful from a reading posts point of view and also getting answers to specific questions
http://britishexpats.com/forum/forumdisplay.php?f=...
pasogrande said:
As I started this off, I repeat that much of this will be of no use to you as it is outdated. If you are successful I feel sure you will not regret it; and I cannot imagine why you would want to go back to Europe.
Good Luck
Wilf.
Hi Wilf,Good Luck
Wilf.
thanks for all of your excellent advice and I appreciate this final comment. More than anything else it's given me a bit more confidence that it could be possible. The priority is certainly to get over there as soon as possible. I'm sure I'll find a way.
zbc said:
Thanks again to both of you for the responses, even though I'm now even more terminally depressed than before. It isn't a dream of mine to work in the states but it is one hell of a good job that would be a real shame to decline but hey ho.
I'm pretty sure that I qualify for H1B as I have a degree, two further university qualifications and I'm CEng so qualifications are good. They've looked in the US but found no one. It's effectively a start up so no the employer hasn't done it before but the start up investors ar being led by an Attorney so I'm hoping he has an idea of what is involved. I'm also not too worried about the green card thing. If I can do 5 years I'll be happy to come home again.
I realise that it isn't allowed to simply go over on a VWP and get paid to work but there does seem to be a substantial grey area that I will want to look at. One of the ideas that we talked about would be for me to go asap and spend a weeks/ten days with them, review their plans for them and get to know each other - effectively an extended interview. I'm hoping that they'd cover my expenses for this but clearly I wouldn't expect to be paid. This seems to fall within the "attending a few meetings" which would seem to be allowable.
It's a bit of a left field option but what about Investment Visas? Could I borrow the money to invest in the start up and thus qualify or do I need to have this investments money just sitting around already?
I hate to sound like a pessimist, although one man's pessimist is another man's realist.I'm pretty sure that I qualify for H1B as I have a degree, two further university qualifications and I'm CEng so qualifications are good. They've looked in the US but found no one. It's effectively a start up so no the employer hasn't done it before but the start up investors ar being led by an Attorney so I'm hoping he has an idea of what is involved. I'm also not too worried about the green card thing. If I can do 5 years I'll be happy to come home again.
I realise that it isn't allowed to simply go over on a VWP and get paid to work but there does seem to be a substantial grey area that I will want to look at. One of the ideas that we talked about would be for me to go asap and spend a weeks/ten days with them, review their plans for them and get to know each other - effectively an extended interview. I'm hoping that they'd cover my expenses for this but clearly I wouldn't expect to be paid. This seems to fall within the "attending a few meetings" which would seem to be allowable.
It's a bit of a left field option but what about Investment Visas? Could I borrow the money to invest in the start up and thus qualify or do I need to have this investments money just sitting around already?
As another poster has said, in engineering (as in many professions) being qualified outside the US isn't enough, where there are US requirements to practice you need to have those qualifications and certifications to qualify for the visa. So a degree that is not from a US institution does not necessarily count, a CEng counts for nothing etc. etc. You need the US certifications and may find that you need to be working in the US to get them but can't get the visa to work in the US without them.
Basically you have to understand that they don't want you there, the system is stacked against you and if they suspect that you are trying to get round it (such as working when on VWP, for example) you won't be visiting the US for some time let alone getting a visa to work there.
On the investment angle, you need to invest a minimum of $1 million and that must not be borrowed money. (In special areas it can be $500k).
Also be aware that you should listen only to people with current experience, what someone did 10 or 20 years ago is irrelevant, it is only current experience that counts for anything.
The reality is that the chances of getting an H1-B are slim and even if you succeed you aren't going to get it for a year. You don't qualify for an L visa or, it seems, an investment visa. Do you know a US citizen who will marry you? Because seriously, that may be your best chance.
pasogrande said:
Hi ZBC,
I came over here many years ago on a Visitor's Visa.......I was given 9 months Visa at the airport,
Wilf.
Wow tat must have been a long time ago! I came over here many years ago on a Visitor's Visa.......I was given 9 months Visa at the airport,
Wilf.
OP my advice would be to start planning for an H1B. What you describe is more than attending a few meetings, you would be violating the terms of the VWP and while you may be lucky and won't get caught - do you want to risk a ban from entering the US in the future?
Also what happens when they need to start paying you? You won't have a contract of employment, social security number and would be working illegally - not a great position to find yourself in. You may think an H1B is a forgone conclusion but remember it's capped - and effectively a lottery. Earliest you could get here legally is October 2014 - it's massively over subscribed and if you don't get drawn you have to wait another year.
Do it properly or don't do it at all.
Why is everyone overlooking E1 which sound like it could be an ideal visa vehicle in the circumstances?
Granted, it does have some limitations, regarding path to permanency, but will allow you to start much sooner than H1B and you can adjust status without leaving the US. I know, because I did it.
Likewise - PM me if I can help - I have direct experience as a sponsor and beneficiary of L1-A, L1-B, H1-B, E-1 and B-1 visas.
Granted, it does have some limitations, regarding path to permanency, but will allow you to start much sooner than H1B and you can adjust status without leaving the US. I know, because I did it.
Likewise - PM me if I can help - I have direct experience as a sponsor and beneficiary of L1-A, L1-B, H1-B, E-1 and B-1 visas.
Matt Harper said:
Why is everyone overlooking E1 which sound like it could be an ideal visa vehicle in the circumstances?
Granted, it does have some limitations, regarding path to permanency, but will allow you to start much sooner than H1B and you can adjust status without leaving the US. I know, because I did it.
Likewise - PM me if I can help - I have direct experience as a sponsor and beneficiary of L1-A, L1-B, H1-B, E-1 and B-1 visas.
But doesn't E1 depend on there being a significant volume of trade between the company and the country from which the person originates? So won't the company have to be doing a lot of trade with the UK for him to qualify?Granted, it does have some limitations, regarding path to permanency, but will allow you to start much sooner than H1B and you can adjust status without leaving the US. I know, because I did it.
Likewise - PM me if I can help - I have direct experience as a sponsor and beneficiary of L1-A, L1-B, H1-B, E-1 and B-1 visas.
Siscar said:
But doesn't E1 depend on there being a significant volume of trade between the company and the country from which the person originates? So won't the company have to be doing a lot of trade with the UK for him to qualify?
Of course - good point - I perhaps wrongly assumed that the sponsoring company wasn't American. That being the case, I concur - H1-B would be the route.He could maybe buy himself 6 months with a B-1, but that wouldn't be AOS'ible to a relevant employment based visa in the circumstances.
Thanks for the correction.
If you are serious about this I really cannot recommend highly enough that you get in touch with a US immigration lawyer to find out what your options are. When we lived in Kentucky I used Dan Owens at Frost Brown Todd: http://www.myvisajobs.com/ImmigrationAttorney/Dan-... and I'd recommend them (KY is next to Indiana anyway). I can also recommend a firm based in DC: http://www.leavyfrank.com/
As a newbie to US residency, I'm more than happy to pass on my recommendation for a decent immigration attorney. I'm in SW Ohio - sure mine would cover KY too given he's about 1/2 a mile from the state line.
Most of the time I'd say they're a waste of time and money for the straight forward visas which just take a long wait and some basic form filling.
For situations like yours (and mine), I'd say they're essential for getting through the red tape. Fingers crossed the shutdown doesn't screw it up for you - looks like it should be short lived.
Most of the time I'd say they're a waste of time and money for the straight forward visas which just take a long wait and some basic form filling.
For situations like yours (and mine), I'd say they're essential for getting through the red tape. Fingers crossed the shutdown doesn't screw it up for you - looks like it should be short lived.
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