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Transferring L1 Visa to new employer

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  • 11-11-2013 9:57am
    #1
    Registered Users Posts: 367 ✭✭


    I worked in the Us from Jan to Aug of this year in the US on my 2nd L1 Visa. It's valid for 3 years but being an L1 VISA it only allows me to work in the US for this company.

    I've recently left the company and I'm looking at another job in New York with another employer. I've been in contact with them and told them I have a SS number and a visa. The job would be for about 9 months in 2014.

    This is a very specialised job even more so than the jobs I had for my previous Visas.

    My question is how hard is it to change it over? Will I need to go through the whole process again or can I transfer since my current Visa is still in date?


Comments

  • Moderators, Recreation & Hobbies Moderators Posts: 10,912 Mod ✭✭✭✭Ponster


    Unless someone with more experience comes along..

    If you left the company that you were with then you no longer have a L1 visa and no longer have the right to work in the USA. An option would be to try to transfer to a B1/B2 visa.
    You will need to go through the entire L1 visa process again with the new company in which they will have to pay the $5000+ admin costs. One way of looking at it is that the L1 visa belongs to the company who pays for it, not you.


  • Registered Users Posts: 744 ✭✭✭Darren1o1


    Ponster wrote: »
    Unless someone with more experience comes along..

    If you left the company that you were with then you no longer have a L1 visa and no longer have the right to work in the USA. An option would be to try to transfer to a B1/B2 visa.
    You will need to go through the entire L1 visa process again with the new company in which they will have to pay the $5000+ admin costs. One way of looking at it is that the L1 visa belongs to the company who pays for it, not you.

    L1 you would have to be working for the company outside the country for more than a year. A b1/b2 or H1b may be an option.


  • Moderators, Recreation & Hobbies Moderators Posts: 10,912 Mod ✭✭✭✭Ponster


    Darren1o1 wrote: »
    L1 you would have to be working for the company outside the country for more than a year. A b1/b2 or H1b may be an option.

    True. The L1 would only apply if you had previously worked for this 'new' company.


  • Closed Accounts Posts: 1,698 ✭✭✭iusedtoknow


    It's difficult to transfer the L1 even within the same company. If you are still in the US you are already out of status - there is technicality that states you can stay for the length of your I-94, but you can't work. Talk to an immigration lawyer ASAP.

    The terms of the L1 are that you have already had at least 1 years experience in the company before applying for the visa, so it isn't transferable to a new company. I think your only options is to transfer to H1B...however that is closed for this year (i think)


  • Registered Users Posts: 367 ✭✭jimmurt


    How much is the H1B and is it harder to get than the L1?

    The got my 2nd L1 this January and there more hassle than in 2010 (due to recession in US probably).

    The job I'm looking at won't want to get too involved in organising a visa or paying for it. They will sponsor me but that is all.


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  • Closed Accounts Posts: 1,698 ✭✭✭iusedtoknow


    H1B is closed for the year - your company apply in April to activate it in October, there are only 65,000 a year and the employer HAS to sponsor AND pay for it. You cannot pay for it yourself.


  • Registered Users Posts: 367 ✭✭jimmurt


    H1B is closed for the year - your company apply in April to activate it in October, there are only 65,000 a year and the employer HAS to sponsor AND pay for it. You cannot pay for it yourself.


    Ok so apart from an L1 which is too expensive and can take too long, what are my options?

    I need a Visa for Feb-Sept 2014 for a specialised job in New York.

    Thanks.


  • Closed Accounts Posts: 1,698 ✭✭✭iusedtoknow


    immigration lawyer is your only bet here

    I don't really see your chances though...US (i'm sure you know) are pretty strict...i'm assuming you would be getting paid by the US company..as such I don't think it's possible from the information you've given.


  • Registered Users Posts: 367 ✭✭jimmurt


    immigration lawyer is your only bet here

    I don't really see your chances though...US (i'm sure you know) are pretty strict...i'm assuming you would be getting paid by the US company..as such I don't think it's possible from the information you've given.


    Would it be possible to use my current Visa to get over there and back?

    It's a bit risky I know but do they do background checks when you enter to make sure you're still working for the L1 company?


  • Closed Accounts Posts: 1,698 ✭✭✭iusedtoknow


    on your visa it says what company you work for...

    Also when you go in and out of the country, they'll ask you who you work for etc

    Aside from the morality of lying, if you get caught out in the lie...you'll be screwed.


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  • Registered Users Posts: 367 ✭✭jimmurt


    on your visa it says what company you work for...

    Also when you go in and out of the country, they'll ask you who you work for etc

    Aside from the morality of not lying, if you get caught out in the lie...you'll be screwed.


    Screwed as in ruining my chances at a Visa again or even entry for a holiday or screwed as in the above AND worse.


  • Registered Users Posts: 2,921 ✭✭✭silja


    **** Mod notice: Boards.ie does not advice, condone, or otherwise encourage illegal activity of any kind, including illegal immigration to other countries.. PLease only discuss legal avenues for the OP to achieve his aim. ******


  • Closed Accounts Posts: 1,698 ✭✭✭iusedtoknow


    jimmurt wrote: »
    Screwed as in ruining my chances at a Visa again or even entry for a holiday or screwed as in the above AND worse.

    Both....if you get caught you'd be banned from the country from anything of 3 years to life. Worse case scenario, you're imprisoned.

    If you did get a 3 year ban, you'd need to apply for a visa every time you wanted to go the US.

    Visa fraud is simply not worth it.


  • Registered Users Posts: 1,501 ✭✭✭lonestargirl


    jimmurt wrote: »
    Screwed as in ruining my chances at a Visa again or even entry for a holiday or screwed as in the above AND worse.

    No chance using your L for a new employer even if you don't leave the country. 1st thing they'll do if verify your SSN using E-Verify and this will show that you are restricted to one employer.

    You possibly already have a visa problem. Once you left your job you became out-of-status and had a time in which to leave the country (I think it's 30 days but verify this important detail elsewhere). If you overstay you may possibly have ongoing visa issues in the future.


  • Registered Users Posts: 367 ✭✭jimmurt


    No chance using your L for a new employer even if you don't leave the country. 1st thing they'll do if verify your SSN using E-Verify and this will show that you are restricted to one employer.

    You possibly already have a visa problem. Once you left your job you became out-of-status and had a time in which to leave the country (I think it's 30 days but verify this important detail elsewhere). If you overstay you may possibly have ongoing visa issues in the future.


    Thanks for the info. I travelled home and then left the company so alright on that one.


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