Difficult Visa Question

[VisaMan]

Hi,

I recently obtained my HSMP visa, and entry clearance, and I am ready to go to the uk. However I have just been made an offer by Microsoft in Redmond. Obviously with US visa laws, I will only obtain this visa hopefully around october 2007.

My question is wether there will be any clashing problems between going to the uk for 8 months and doing contract work until I get my H1B visa for america.

This is a different situation, I hope somebody can give me clarification on this matter.

Regards

[captain74]

Assuming you have a job to come to in the UK, there should be no problem being here for a short duration and then going on to the US.

If you do not have a ready job in hand in the UK though, it is a different matter altogether and the economics (and the emotional value) of the venture would be best known to you in such a case. Contract work may be a possibility but then it is just that - a possibility!

If I were you, I would choose to to drop UK altogether if I had the US stuff sorted and in the bag. Been here in the UK on HSMP for some time now and am desparately looking for avenues to move to the US.

[VisaMan]

Hi captian74,

thanx for the reply. I understand the job based economics in the uk, however, I have family contacts who could find me work if nescessary. My main concern is if there will be any visa clashing issues, i.e will the fact that I have an HSMP visa effect my H1B visa chances?

I can see that you know what you are talking about regarding these concerns, any assistance regarding this query would be very appreciated.

Regards

[captain74]

Well, in theory you would be breaching trust by signing an undertaking to make UK your long term home (remember doing this in you intial HSMP application) and then moving on. This might make it difficult for you to get back to UK on HSMP later etc.

In practice, I do not know of anything that can stop you from moving on from the UK - you came here, saw stuff and did not like it. It is quite as simple as that really and well within your rights.

Also, H1B visa has some requirements that you need to meet. So long as you meet those the US authorities should also not have any problems with your existing status (providing of course, that the current status is legal wherever you are!).

Having said that, I must emphasise that I am no legal expert so if you are really really worried about this, contact a legal adviser. You can ask your relatives here in the UK to get in touch with Malik Solicitors etc. I know lots of Asians use these guys.

http://www.maliklaw.com

Gut feel is - coming to UK for a short duration, esp without a confirmed job, is not the best way forward.

[Zee_Zee]

As far as I know, you still have a long way to go for getting US visa. And if I am not wrong, it is not 100% guaranteed at this level that the visa will be granted.

My advice would be to play it safe. Go to UK and inform MS about this so that your information for visa processing will be updated. And after getting the visa you can move to the US. And about legal obligations, better consult some legal advisor.

[LankanFunkin]

Friend, BE CAREFUL!

I was to get back to the US this year on an H-1B. I had a company ready to sponsor me, and a very nice picture painted. But stuff happened that was beyond both my control and that of the company that was to hire me, and as a result, I will not be going to the US till next year. I cant wait that long, so I've made plans to go to the UK instead (hence the HSMP).

Now I know Microsoft is a very powerful player in the job market, and you ought to feel confidant about working with them. But remember, at the end of the day, as with any other company, you are expendable. The H-1B puts way too much power in the hands of the company (ie if you are laid off, you need to find another sponsor ASAP, or you gotta pack and get out of the country). So while you do have the HSMP on the table, consider how you can play your cards so that should the worst happen, you are still in a good position.

Good luck!