relocating to california (visa question)

ei4ix

I handed in my notice at work recently which resulted in a phone
call from a very senior VP in the multi-national I work for who is
willing to be very flexible to try and keep me with the company.

I have been offered a position in California and I'm trying to figure
out what exactly I should try and request. I have a lot of bargaining
power at the moment, how difficult would it be for the company to
try and secure a permanent visa for me ? Initially I can work there
on either a H1B or L1 visa but I really would like to take advantage
of this opportunity. Any advice ?

pwd

I don't think it would be possible for them to get you a permanent visa.
I have looked into US visas quite a bit.
Possibly you could get them to commit to renewing your H1B until you have lived there long enough to apply for naturalisation.

That sounds brilliant by the way. Best of luck with it!

Larianne

Do It, Do It, Do It!!!!

This is an amazing opportunity for you. Getting a visa for work in the US is extremely hard these days. I'm trying myself to get one, but it is very difficult. I'd go for the L1 (transfer) visa if I was you as it is much easy to get than the H1 visa. But I'm sure the company's legal department where you work will be sorting it out for you. You won't be able to get a permanent visa straightaway. I presume you mean a green card. That you apply for and get by a lottery system. The H1 visa can be renewed and I'm guessing so can the L1. And then I think if you have been there for more than 5 years you can apply for a permanent visa/greencard. Something like that. Check out www.visapro.com It's a really good website telling you all about the different visas and you'll find which one suits you best.

In America, if you work hard you can definately get places. Much easier than in Ireland. And I'm sure,by the sounds of it, the company will take good care of you over there since they are keen to keep you. And a plus, if you're Irish the Americans just love you! The standard of living is much better over there and hey, California?? That's where all the sunshine is!!

Tom Dunne

As someone who has been the recipient of visa's from US companies, I can tell you that you presonally don't get to choose what type of visa you get, the US embassy here does. And at that, the company essentially has to go through hoops to prove it needs to bring in a foreigner and why a US citizen can't do the job.

The type of visa depends on the job, the company and the person's qualifications. It is very unlikely they can secure a permanent visa for you. If the company can prove you have specialised skills and they badly need you, then you stand a better chance of getting one.

As for the Irish-American thing - that's only really relevant on the east coast.

What should you request - relocation allowance (a nice lump sum to get you up and running), accomodation (handy for them to set it up for you before you get over) and a car (at least for the first x months - to get you started).

ei4ix

Thanks for the replies ! I did the J1 visa in the past and lived in San Diego
which I loved. Unfortunately we don't have an office there so San Francisco
is the next best option. I wasn't too keen on Oregen, it's like a sober Ireland,
you get the rain but doesn't have the same craic )

I looked at the internal HR website and read:

"...Immigration through an offer of employment is a complex process with significant costs to the sponsoring company for legal fees as well as management time and attention. It is also a voluntary benefit provided by..."

This was listed under the "green card" section. I'm in a very strong position
to bargain here - I work in quite a specialised area and my research has really
improved our product i.e. a patent is being filed by our legal team on my
behalf. I'm hoping these things could help justify a permanent visa but I do
realise in the short term a L1/H1B is required. Am I deluding myself in thinking
that I could try and push the company to sponsor me for the green card
(not the lottery)

Tom Dunne

ei4ix wrote:

so San Francisco
is the next best option. I wasn't too keen on Oregen, it's like a sober Ireland, you get the rain but doesn't have the same craic

Hey, don't knock Oregon - I spent last year there It's not fair comparing it to California, there is no comparison. Oregon has it's merits (McMenamins being one - God I loved their beer). You have the ski slopes one one side of you and the beach on the other - can't beat that.

ei4ix wrote:

Am I deluding myself in thinking
that I could try and push the company to sponsor me for the green card
(not the lottery)

I think so. I am far from an expert on this, but I believe the best you will get is a seven year visa (can't remember the exact title). There is always the option for the company to re-sponsor you when the visa expires, but I still believe a company cannot get you a permanent visa.

ei4ix

I just found the following info (see bold text) but I don't know how true this
is. If I decide to relocate, I would do so with a view to becoming permanent
and if I could get a green card within a year I could be entitled to citizenship
after being a permanent resident for 5 years....

L-1 Intracompany Transferee Visas
The L-1 visa allows the transfer of managers, executives or specialized knowledge employees within an international organization. The transferred employee must have worked for the foreign company for one of the three years prior to filing the visa petition.
The foreign company and the U.S. company must have at least 50% common ownership.
The L-1 is usually the best visa for start up businesses.

L-1 petitions may be extended for up to seven (7) years.
L-1 visa holders may apply for permanent residence while in L-1 status. L-1 visa holders are usually exempt from labor certification. This eliminates a lengthy procedure and gives L-1 visa holders an advantage in obtaining a green card.

Kernel32

ei4ix, once you are eligible for a greencard it can take a long time to process, anywhere from 1 to 3 years. There's no exact schedule for any of that stuff, the INS can just keep extending stuff as they see fit when they are backlogged. It's no big deal except don't expect anything speedy to happen.

I would also inquire about the structure of any relocation package. They can structure it various ways, one way in particular does not work in your favour. What can happen is that the cost of the relocation can turn up on your W2 at the end of the year as income. What this means is that you would have to pay tax on it, federal and state. Say it cost $20k to relocate you, then your gross income would reflect that but you wouldn't know it until January when the W2's are done. Then you have until April to pay your taxes. Its very likely you will not be able to file an itemized deduction unless you have a mortgage and kids. This forces you to use standard deductions and single high income earners get screwed. I know several guys who got moved around during the dot com era and a few got burned that way.

Otherwise it sounds like a great oppurtunity, best of luck!

ei4ix

Hi Kernel, thanks for the response. I've been dealing with HR in the states
and they've agreed to get me a L1B in the short term and also to sponsor
my green card. I realise it may take 3 years or so but at least the process
would be under way...

.. as for your comments regarding the relocation package. I'll now try
and push for possibly an apartment to be rented out rather than $'s
since I'd be paying a high rate of tax as I'm not sure I'll be married with
kids by April )