I'm shortly hoping to be negotiating a move into a company and want to talk Green Cards with them.
A friend of mine mentioned asking them to put me forward on an accelerated green card appplication. How long would something like that take to be processed and approved? I imagine years but what is the quickest way it can be done and what is the approximate cost?
Finally, if I have a green card, can my wife then get a work permit or her own green card? How does that work?
Thanks
Smythey
Get the company to deal with your greencards as a family. If the visa is an L1, she will be able to get an EAD on the visa. Otherwise she will probably have to wait until the adjustment of status is filed.
An interesting proposition.
Did your friend explain how this accelerated Green card proceedure would work?
Buffalo Bloke Wrote:An interesting proposition.
Did your friend explain how this accelerated Green card proceedure would work?
That was the terminology used here to mean L1a as opposed to L1b visa. We had our visas changed to L1a to "accelerate" the greencard process.
Otherwise she will probably have to wait until the adjustment of status is filed.
My Visa will be a H1B.
How long does it take to fiel the adjustment of status?
Thanks
Smythey
No idea, mate. We're on L visas. But I've never heard of an accelerated greencard programme for H1b holders, unless it's something internal to your company. It takes forever to get a work related greencard.
There's no such thing as an accelerated program, just some applications are dealt with quicker than others.
As an example a EB1 for a "Multinational Executive of Manager" (which is probably the route you'd take if you were on an L1A) goes through a lot faster than an "Extraordinary Ability" Visa right now.
Neither requires Labor Certification but Vermont sit on the second longer than the first.
if you were a Nurse right now, you'd be sweet.
Richie
There is something called a ‘fast track’ green card process. I was on it for 2 years in California. When I gave up in May 2003 they were quoting at least another 3 years. When my employer refused to pay the premium I was transferred to standard processing which the attorney reckoned would add yet another 2 years. You can add wife and kids and they do not go through all the justifications that the primary applicant goes through but they do have to be paid for. Sorry, can’t remember the numbers this was something my employer took care of (until they decided not to pay any more money for my family).
I think the biggest factors are the visa you are on (H1-Bs are not good, L’s are preferred) and where you are applying.
It's the Labor Certification that is fast-tracked, not the actual green card processing. I think that the certification just brings you up to the same starting point as L1a visa holders, EBs etc.
you could be right.... but the net affect is that your application is fast tracked. and yep the labor cert is a killer which is why L1s are a better bet to get a green card quicker.
It's actually Called RiR (Reduction in Recruitment) which roughly translates into, if your employer has actively tried to recruit for the previous 6 Months and can prove it. It's certainly not a Fast track process that you pay anything more for. If either you employer or your lawyer has told you anything different, they are lying to you.
Bottom line there is no way to pay more to move anything faster. Processing times are what they are and it's case dependant.
There is more crap information out there with regard to Greencards it's hilarious.
Another FYI, you don't have to have an L1A to skip Labor Certification, in fact even with one you might not be able to skip it.
An EB-1 is A Priority Worker Immigrant Visa that doesn't require you to go through Labor Certification. People who would qualify for an EB-1 "Priority Worker" Visa are People of "Extraordinary Ability", Outstanding Professors and Researchers, Certain Multinational Managers and Executives. If you satisfy the requirements of any of these Categories then you'd skip LC (or RiR) regardless of what Visa you were currently holding (or not holding).
Richie Wrote:It's actually Called RiR (Reduction in Recruitment) which roughly translates into, if your employer has actively tried to recruit for the previous 6 Months and can prove it. It's certainly not a Fast track process that you pay anything more for. If either you employer or your lawyer has told you anything different, they are lying to you.
Bottom line there is no way to pay more to move anything faster. Processing times are what they are and it's case dependant.
There is more crap information out there with regard to Greencards it's hilarious.
Another FYI, you don't have to have an L1A to skip Labor Certification, in fact even with one you might not be able to skip it.
An EB-1 is A Priority Worker Immigrant Visa that doesn't require you to go through Labor Certification. People who would qualify for an EB-1 "Priority Worker" Visa are: People of "Extraordinary Ability", Outstanding Professors and Researchers, Certain Multinational Managers and Executives. If you satisfy the requirements of any of these Categories then you'd skip LC (or RiR) regardless of what Visa you were currently holding (or not holding).
People of "Extraordinary Ability"? Dang, should have tried that approach :D .
Hmm... can you cut and paste some more information on L1A-ers having to go through Lab Cert? Yes, I picked on L1s - sorry if that was a bit non-pc.
Yep RIR is the kiddy. They took everyone off RIR and put them on 'standard' in the name of cost cutting. As I said the employer dealt with the money side - my ex-employers are lying, cheating barstewards so you are probably spot on there. The attornies had a 3 stage approach to get from H1 to Green Card. Stage 1 contained the labor cert hence the fuzziness over the true green card bit and the precursors (labor cert).
All I'm saying is that RIR is faster than 'standard' and is a fast track (Attorney and Employer both refer to RIR as Fast Track) approach worth finding out about.
To qualify as a Multination Executive or Manager (Typically the classification an L1A would go) you would have been a Manager in the UK (or whichever country) and then a Manager here in the US, with the same company, obviously. I did know somebody though who wasn’t a Manager in either country, got an L1A, wrote creative job descriptions, and still got the EB-13. It’s all about getting a decent Lawyer really, who will explain exactly what the system is and help you work it.
If those two requirements are met then Visa Class is largely irrelevant, although L1A suggests minimum requirements have been met.
I have the unfortunate displeasure of knowing Mr Smythey in ‘Real Life’ so know he would qualify as “Extraordinary Ability”. Even though he’s a robbing scouse B4stard he’s a top scientist in the filed of Cancer Drug Research. I still don’t trust him in my house though and have him searched when he leaves.
Anyway, out of interest, here are the requirements for an EB-13 / Priority Worker Multinational Executive or Manager
Executive Capacity
An assignment within an organization in which the employee primarily
1. directs the management of the organization or a major component or function of that organization,
2. establishes the goals and policies of the organization, component or function,
3. exercises wide latitude in discretionary decision-making, and
4. receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Managerial Capacity
An assignment within an organization in which the employee primarily
1. manages the organization, or a department, subdivision, function, or component of the organization
2. supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization
3. has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; if no employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed, and
4. exercises discretion over day-to-day operations of the activity or function for which the employee has authority.
As you can see, there’s room to get creative ;)
Richie