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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107250
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I currently live in the UK with my fiance and our 5 month

Resolved Question:

I currently live in the UK with my fiance and our 5 month old son. I work remotely as a contractor for a US company and they'd like to hire me as a full-time employee.
In order to do this, however, I would need to move to the US. Is this possible for me and my family? My fiance suffers from Bipolar and were not married yet but the company I work for have said if I tell them what they need to do, they would help arrange the move.
But I don't know if my family and I are eligible to move to the US or how to get this process started.
Submitted: 9 months ago.
Category: US Law
Customer: replied 9 months ago.
Adding more to this, both my fiance and I are British born (obviously so is our son). I am 22, 23 next month and my partner is 21. Son is 5 months.
Expert:  Guillermo Senmartin replied 9 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Well, you would definitely have to marry for your fiancée to be able to travel with you to the U.S. and stay with you. As far as the visa possibilities, I see three of them, the H-1B, the L-1A or the L-1B.

For an H-1B professional visa, you need to get a job offer. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2017 to start working on October 1, 2017 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is an official link to the H-1B:

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

For the L-1A or L-1B, you must have worked for a company outside of the U.S. for at least one year out of the last three years and are being transferred to a U.S. company that is a sister, affiliate, parent, etc. or the foreign company. Here are the links:

https://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

https://www.uscis.gov/working-united-states/temporary-workers/l-1b-intracompany-transferee-specialized-knowledge

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 9 months ago.
my situation is that I don't have a batchelor's degree but the company does have " a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position" as I fill a specialzed role that can't be managed by just anyone.Does this mean I should be looking at L-1A or L-1B? I've worked for the company for almost 6 months, so I assume I'd need to wait 6 months more. Is this correct?Does this mean I'd be looking more for
Customer: replied 9 months ago.
Also, I have no idea where "Does this mean I'd be looking more for" appeared from at the bottom of that message. Please disregard it.
Expert:  Guillermo Senmartin replied 9 months ago.

If you are not an executive or high level manager of the company, then you should be looking at the L-1B.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107250
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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