Choices, choices, choices, looking for advice:

S

sdemw

Registered Users (C)
Hello everyone, I’ve been lurking on this great forum and finally have cause to ask for input from people.

I’m waiting on NON-RIR labor cert in California right now (Initial submission about a year ago). I’m a Canadian business consultant (1st h1B 3rd year) with a firm that doesn’t have access to RIR right now.

My company has basically agreed to do what it takes to help speed up the process. So I’m looking at three options:

1- Move to some other US location, where we have an office and need. Start the non-RIR process over in a faster region.
2- Return to Canada, work there fore the same firm then return as a transfer and avoid labor cert altogether. (Think that means a year)
3- Least desirable but still possible: Sit on my hands and wait for PERM to be released. I’ve heard mention of Q2 2003, which probably means Q2 2004 or 2005. And hope it speeds things up. Benefit, no moving from an area I love (although GC is a priority).


I’ve spent so much time speaking to lawyers, reading books, web sites, etc that I’m not sure what to think.
What do people think? What would you do? Any advice?
Thanks in advance folks,
Sdemw.
:confused:
 
sdemw,

California has pretty good speed of processing, it is stuck temporarily by 245(i).

When you say you would move to some other US location - where exactly do you mean?

Second option looks interesting - but how will it avoid Labor Certification?

Third one is not good anyways. PERM has its own set of problems and there is no point in wasting time in waiting.
 
Jharkhandi, Thanks for the reply:

Moving to another US location, eg Chicago where times might be faster for labor cert.

Option two would allow me to return as an intracompany transfer. Which, to the best of my understanding, allows me to avoid labor cert. altogether.

Agree with you on PERM. Seems like a non-starter.
 
Got it. Chicago is good for the time being. Coming back intracompany transfer is certainly a better option - I would suggest go for it and for the time being let your LC continue from CA. If you get it fine - else you will still have option left.
 
Go for L-1A

sdemw,

If I were you, I would go for option 2 - transfer. Come to U.S. on
L-1A, then you would not need any LC to file for a GC, and in my opinion it is the safest and fastest way to get GC these days.

You don't know when they are going to implement PERM. They way U.S. economy is moving….war clouds hovering over us…..it would be very hard to get RIR approvals. I am expecting another wave if layoffs sometime soon. Moving from one place to the other in not easy DOL or INS may ask some tough question before they approve your labor or GC application. Lot of people are doing similar things do get LC faster, but I am sure DOL and INS is aware of it. I would rather keep it clean and hassel free. If you can get a genuine transfer to a place within U.S. then you should be fine, but just not for the purpose of getting LC faster.

In my opinion you best option is to get here on L-1A (transfer from Canada to U.S.)

Good Luck,

RamFan
 
Sdemw & RamFan

Option two would allow me to return as an intracompany transfer. Which, to the best of my understanding, allows me to avoid labor cert. ...HOW?????

Could you please provide more information here...and if possible links where we can find more information about this....
 
Message for usnycus

usnycus,

Here are some links you might want to check out. It clearly explains:

L1As in the executive / managerial category are eligible, under employment-based first preference, to obtain Permanent Residency on an expedited basis. The cases are significantly faster and less problematic than other labor categories, as there is no labor certification required.


http://www.murthy.com/UDoverl1.html

http://www.murthy.com/l1_faq.html

RamFan
 
RamFan

That's what I got from the link you gave me.....

*************************************
Multinational Executive or Manager
Employer required but Labor Certification not required

This immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies.

The E13 immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies. The transfers can be between different branches of the same company, or between different companies with one of the following types of relationship: 1) parent-subsidiary; 2) home office-branch office; and (3) affiliate-affiliate.

In this category, the employee must have worked in either a managerial or executive capacity, for the related company abroad, for at least a one-year period in the three years preceding the transfer.

The employee should be coming to the United States company to function in an executive or managerial capacity. The employee may already be in the United States in a non-immigrant visa status such as the L-1A visa or one of the E visa classifications.

The U.S. company must show that it is either the parent, subsidiary, affiliate, or branch office of the company abroad and the relationship between the U.S. and overseas operations must be documented and proved.
****************************************

I still don't see how "sdemw" can qualify for this....he is a business consultant not a MANAGER???....
 
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