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I was sent to the US by my employer (a British company) in September 2018. In January 2019, they decided to wind up the operation and I will be made redundant at the end of March. I live in New York with my (US) girlfriend. Having waited a year and a half to be together, whilst my company arranged the original L1, I do not want to go back to the UK and wait another year before we can be together again. 

If I reach out to new US employers, what would they need to do to 'transfer' my visa to them? Is this possible or would I need to apply for jobs offering H1 or O1 visas as though I was simply a British citizen with no current right to work in the US (because the L1 visa was contingent on working for my former emplyoyer)? 

Any advice greatly appreciated. 

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L is not transferable.

 

The obvious option is to marry your GF and adjust.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, Boiler said:

L is not transferable.

 

The obvious option is to marry your GF and adjust.

Do you know the soonest I would be eligible to work if we pursued this option? We couldn't survive on a single income which is why we're looking at employment based visas.

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1 minute ago, DrewSA said:

Do you know the soonest I would be eligible to work if we pursued this option? We couldn't survive on a single income which is why we're looking at employment based visas.

4 to 6 months, which begs the question how long and how strong are your other options?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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7 minutes ago, Boiler said:

4 to 6 months, which begs the question how long and how strong are your other options?

I'm not certain what my other options are. I have a good amount of contacts and experience in a couple of fields but not sure what the terrain is like when applying for roles in the US if the employer knows that they'll have to sponsor me. I wondered if there was somewhere specific I should look? I can't find a lot of advice about my specific situation.

Thanks for your help so far!

Edited by DrewSA

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For most H1b is a lottery with a start date of 1st Oct, well unless it is a non profit, so depends on your field.

 

O1 is not but also not quick and I have no idea if it is realistic for you. Employers may be interested if you are work authorised, if you are not a lot holder, probably depends what you have to offer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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^O1 can be quick if using premium processing, a friend of mine got his sorted out in 2 or 3 weeks. Of course this is only an option for certain types of skill sets; and my friend’s company had experience bringing in high level employees so I guess their legal department was properly on top of everything. 

 

I read the other day they are tilting the next H1B lottery more in favor of those with US postgrad degrees. Not sure of all the details.

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10 minutes ago, SusieQQQ said:

I read the other day they are tilting the next H1B lottery more in favor of those with US postgrad degrees. Not sure of all the details.

That is correct, suggestion is that 15,000 will be moved to that preference.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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As a hiring manager of tech workers, let me give a bit of perspective.  Let's go through the work options:

  • L1 is not transferable, so that's out.
  • H1B is both a lottery and requires sponsorship.   If you don't already have an H1B in hand it's a very tough sell to get a company to sponsor you.  Most of the H1B's that are sponsored in-country are on OPT after a US education.
  • O1 is a visa for exceptional skills.  If you don't have a Ph.D. or serious internationally-recognized talent (think actor with multiple movie credits or CEO), that's out. 

Not fully, knowing your situation, your best bet is to marry, file to adjust status.  I'm not sure how long employment authorizations are taking, but in the past it was 3 months before you could work once you file.  I'm sure it's longer now by a bit.  


I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!

 

Jan 30, 2017: POE Toronto Pearson Airport

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

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28 minutes ago, AstroCanada said:

As a hiring manager of tech workers, let me give a bit of perspective.  Let's go through the work options:

  • L1 is not transferable, so that's out.
  • H1B is both a lottery and requires sponsorship.   If you don't already have an H1B in hand it's a very tough sell to get a company to sponsor you.  Most of the H1B's that are sponsored in-country are on OPT after a US education.
  • O1 is a visa for exceptional skills.  If you don't have a Ph.D. or serious internationally-recognized talent (think actor with multiple movie credits or CEO), that's out. 

Not fully, knowing your situation, your best bet is to marry, file to adjust status.  I'm not sure how long employment authorizations are taking, but in the past it was 3 months before you could work once you file.  I'm sure it's longer now by a bit.  

As an L1 is a nonimmigrant status visa,  can it be adjusted or does it make my situation equitable with a Brit here on an ESTA? 

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2 minutes ago, DrewSA said:

As an L1 is a nonimmigrant status visa,  can it be adjusted or does it make my situation equitable with a Brit here on an ESTA? 

L1 does allow dual intent, seems the only way you have to adjust currently is through your GF so in that respect similar to the VWP.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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12 minutes ago, DrewSA said:

As an L1 is a nonimmigrant status visa,  can it be adjusted or does it make my situation equitable with a Brit here on an ESTA? 

L1 is dual intent (similar to the H1-B) which means you can adjust your status on it.  It's different than coming on an ESTA, which is strictly non-immigrant.  Coming as a tourist with the intent to marry and adjust status is a fast way to get in a mess.


I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!

 

Jan 30, 2017: POE Toronto Pearson Airport

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

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