L1 visa queries - employement status and documents requirement

[stek]

Oh good.

So it has just been suggested to me thAt I should apply for an L1 visa with my present employer, as once I have it, I can jump employers of I choose to , to go to a new company who is interested in me, without the one year wait.
I have been told an L1 visa will take 8 weeks?

Anyone have any ideas?

Pretty sure L1 is tied to the employer - it is an intra company transfer visa like our Tier 2 ICT. Pretty sure no country in the world now offers work visas not tied to a company, UK used to have Tier 1 General that wasn't, but that's been closed for years now.

[MarillionFan]

One thing I do know is L1 won't work unless directly employed by the US co. with a UK presence.

For a year beforehand.

Oh good.

So it has just been suggested to me thAt I should apply for an L1 visa with my present employer, as once I have it, I can jump employers of I choose to , to go to a new company who is interested in me, without the one year wait.
I have been told an L1 visa will take 8 weeks?

Anyone have any ideas?

[stek]

One thing I do know is L1 won't work unless directly employed by the US co. with a UK presence.

For a year beforehand.

[tractor]

.....

Seek clarification from the following people in this order...

• Your US Company who you say has blanket approval so must be used to dealing with this stuff and...
• US Embassy who know more about it than random ppl on the internet.

[jamesbrown]

I was about to suggest the forum below, but I see you have a post there. That's your best bet:

L1 visa queries - employement status and documents requirement - British Expats

[stek]

This is a contractor forum.

[GKBLJ]

Hi,

Need help as really confused reading forums and various websites giving different information. I have seen some valuable inputs already on some of the forums but few things are still not clear in my case.

I started working for large MNC as a Contingent staff (on a rolling contract) in March this year having contract with their recruitment agency. I was given an option of being on PAYE by this recruitment agency or take a daily rate. I opted for daily rate and used an umbrella company for my pay (under tax efficient self-employed model). So, there are 2 layers between me and my actual employer (MNC) – recruitment agency and my umbrella company. MNC pays to recruitment agency, they pay to umbrella company and then then they pay me.

Now, my Boss based in US asked me if I am interested for a role in US which needs to be filled in 6-8 months’ time from now. Actually, me and my wife would like to go for it but then we have some concerns below (based on visa eligibility/requirements etc.). I may not be eligible under H1 as not in specialised occupation (like engineers). I think I may need to go for L1B and I am sure the company has blanket approval. The issues, I see are below.

1. 1 year out of preceding 3 rule – After March, I would have spent 1 year in the company but will I be considered as an employee for this purpose? I know that employees on payroll of personnel management companies (recruitment agency in my case) are eligible for that but since I get paid as self-employed by umbrella company, can that be a hindrance in the process? I only work for this company full time. No other work. I am also ready to change my status back to employed category with HMRC or opening a Ltd. Company now and may try applying for L1 visa after 6 months if that surely helps. The employer may not be able to wait any longer. Has someone been in such situation before and how dealt with it?

2. I also took a look at documents requirement and again confused as various info given at various places. I think one needs DS-160, British passport, I797, I-129S, letter from employer (US company) detailing duties, salary etc. and letter from existing employer (may be from recruitment agency) stating my current position with MNC, salary, duration of employment etc. Do I also need my pay slips and bank statements? I am afraid if I need to provide that as I am on self-employed structure. Can someone from their experience tell me whether US embassy in London ask for bank statements/pay slips. According to official website, they are not asking for it but I have seen it on other lawyers websites. If they ask for it, for how many months? 3 or 6 months? Can there be a possibility they ask bank statements/payslips for more than 6 months?

Can someone help clarifying above points. I will need to answer my employer accordingly. Or if someone has a suggestion or alternative visa category which may apply? Looking forward to valuable inputs. Thanks in advance/

BR,