imigrant123
New Member
Hello,
[I apologize in advance for the length of the message, but I believe that the more accuracy I provide the more worthwhile this post maybe for others in the future and the easier it will be for people providing answers]
I would like help and advise on the best immigration strategy for a new job.
Background: I am from a Western Europe country and currently work in the US for company A with an L1b VISA, for a few years now. I hold a Master in EE from a European University. I also hold a valid Permanent Residence Card from Canada (equal in principle to the U.S Green Card).
I have received a very interesting verbal offer from another US company B.
I believe my only possibility to obtain a US Work visa is through the O-VISA since:
1) I have never applied for an H1-b (subject to quota and I do not hold a US masters) and the quota has been met already for 2007, hence I cannot apply for H1-b
2) I hold an L1b (as opposed to L1a) hence I still need to undergo Labor Certification for Green Card, ready lengthy process ahead.
Given the risk of not obtaining an O-VISA, I am considering what will happen in the case I apply but do not qualify for the O-VISA, which remains my preferred strategy at this point.
The job for Company-B is primarily based on the US East-coast with travel to Europe and Asia but Company B has the ability (and the intention) to hire me with a local contract EITHER in Western Europe or in Canada to overcome initial US immigration issues, while we file for US Green Card.
Scenario-1: Company B hires me in Western Europe and I conduct business for company B in US on a B1 VISA until Green Card or H1b.
Given the logistical issues, time zone difference and travel time, I would try to obtain a multiple-entry B1 VISA for something like 3-5 years. In this case my goal is to stay based primarily in the US via the B1 until I obtain the Green Card or H1b for 2008.
Question1: What are the chances that I will be able to obtain a B1 multiple-entry for more than one year, given that my country is part of the VISA-waiver list? Would the US embassy in Europe push me to take advantage of the VISA-waiver in efforts to not file a B1?
Question2: I will need to travel outside of the US for business about once every two months. What are the chances that the immigration officers will give me a hard time at POE each time I return to the US on the B1 multiple-entry?
Scenario-2: Company B hires me in Canada and I travel for work to the US on VISA-waiver program (no B1 in this case although theoretically possible)
In this case the logistics are much easier, same time-zone, shorter travel time and similar life-styles of the two countries (US and Canada). In this case my goal is to spend most of the time at the Canadian office, but travel to the US very frequently (something like every 2 weeks for a few days) on VISA-waiver.
Question-3: Should I be pursuing a B1 VISA even with a Canadian-base offer?
Question-4: Not considering family and other issues, what scenario is less likely to cause me trouble at a POE?
Question-5: Will any of the two prevent or impact negatively my future US Green Card application?
Question-6: Are there any other better alternatives to the O or the B1 visa?
Question-7: Am I abusing the B1 or VISA-waiver by taking local employment in a different country but coming very frequently OR staying long in the US?
Thanks in advance for any help on this matter.
Kind regards
[I apologize in advance for the length of the message, but I believe that the more accuracy I provide the more worthwhile this post maybe for others in the future and the easier it will be for people providing answers]
I would like help and advise on the best immigration strategy for a new job.
Background: I am from a Western Europe country and currently work in the US for company A with an L1b VISA, for a few years now. I hold a Master in EE from a European University. I also hold a valid Permanent Residence Card from Canada (equal in principle to the U.S Green Card).
I have received a very interesting verbal offer from another US company B.
I believe my only possibility to obtain a US Work visa is through the O-VISA since:
1) I have never applied for an H1-b (subject to quota and I do not hold a US masters) and the quota has been met already for 2007, hence I cannot apply for H1-b
2) I hold an L1b (as opposed to L1a) hence I still need to undergo Labor Certification for Green Card, ready lengthy process ahead.
Given the risk of not obtaining an O-VISA, I am considering what will happen in the case I apply but do not qualify for the O-VISA, which remains my preferred strategy at this point.
The job for Company-B is primarily based on the US East-coast with travel to Europe and Asia but Company B has the ability (and the intention) to hire me with a local contract EITHER in Western Europe or in Canada to overcome initial US immigration issues, while we file for US Green Card.
Scenario-1: Company B hires me in Western Europe and I conduct business for company B in US on a B1 VISA until Green Card or H1b.
Given the logistical issues, time zone difference and travel time, I would try to obtain a multiple-entry B1 VISA for something like 3-5 years. In this case my goal is to stay based primarily in the US via the B1 until I obtain the Green Card or H1b for 2008.
Question1: What are the chances that I will be able to obtain a B1 multiple-entry for more than one year, given that my country is part of the VISA-waiver list? Would the US embassy in Europe push me to take advantage of the VISA-waiver in efforts to not file a B1?
Question2: I will need to travel outside of the US for business about once every two months. What are the chances that the immigration officers will give me a hard time at POE each time I return to the US on the B1 multiple-entry?
Scenario-2: Company B hires me in Canada and I travel for work to the US on VISA-waiver program (no B1 in this case although theoretically possible)
In this case the logistics are much easier, same time-zone, shorter travel time and similar life-styles of the two countries (US and Canada). In this case my goal is to spend most of the time at the Canadian office, but travel to the US very frequently (something like every 2 weeks for a few days) on VISA-waiver.
Question-3: Should I be pursuing a B1 VISA even with a Canadian-base offer?
Question-4: Not considering family and other issues, what scenario is less likely to cause me trouble at a POE?
Question-5: Will any of the two prevent or impact negatively my future US Green Card application?
Question-6: Are there any other better alternatives to the O or the B1 visa?
Question-7: Am I abusing the B1 or VISA-waiver by taking local employment in a different country but coming very frequently OR staying long in the US?
Thanks in advance for any help on this matter.
Kind regards