Do I qualify for EB-1-3 ?

G

greyprogrammer

New Member
Welcome everyone,

I work for Polish subsidiary of American company (they have 100% of the shares). I am lead computer developer and also I act as president of the subsidiary. I am the president continuously from Feb 2002. Also I have MS degree. I can hire and fire people and make business decisions (except one that must be done by shareholders like closing down or selling company). Polish company doesn't sell anything in Poland, we does software only for US customers. The American company considers moving me to US. I would still work as president of Polish subsidiary and also I will have other duties.

I have some questions about EB1-3 visa:

1. Do I qualify for it ?
2. How long does the procedure take ?
3. Can I take my wife and small child with me immediately or their procedure takes more time ?
4. How much does it cost for me and my family ?
5. If I resign or loose job do I have some time to find other, or must I leave US immediately ?
6. Can my wife work or she should apply for other visa ?
7. Can my child go to public school ?
8. Is there a time limit on which I can be in US ? Can I apply for US citizenship ?

If anyone knows the answers I will be grateful. There is a lot of mess in Internet about EB1 visa and I cannot find anything suitable.

Thank you,
PC
 
what you need to do is ask your company to sponsor you, and avoid the long, expensive, and painful process of applying for a green card yourself.

If they don't want to do this, you should qualify for a H1B which is good for 6 years max. In the meantime, you can apply for the green card as soon as you get here. Most people on H1b visas do this.

If you end up comming on a H1b, generally your spouse and children come on H4, which means she can't work. She can either find her own H1B sponsor or, since you have the power, you can hire her......

Coming on a H4 is not too bad, since she can always switch to a H1B if she finds an employer that is willing to sponsor her.

by the way, can you hire me and sponsor my GC?
 
greyprogrammer said:
Welcome everyone,

I work for Polish subsidiary of American company (they have 100% of the shares). I am lead computer developer and also I act as president of the subsidiary. I am the president continuously from Feb 2002. Also I have MS degree. I can hire and fire people and make business decisions (except one that must be done by shareholders like closing down or selling company). Polish company doesn't sell anything in Poland, we does software only for US customers. The American company considers moving me to US. I would still work as president of Polish subsidiary and also I will have other duties.

I have some questions about EB1-3 visa:

1. Do I qualify for it ?

For Work visa:
H1: You qualify but you can apply only in Apr 07 and can not start before Oct 2007 (provided you get approval by then)

L1 (A) or (B): If you have been with your company for atlest 1 year out side of US... you qualify for this the L visa.

For Green Card
You can apply on EB1C (Multination Manager or Executive) but you must meet all the criteria. Or EB2 / EB3 is always possible.

2. How long does the procedure take ?

L1/H1 visa can take 15 days (premium processing) to 4 months.

Greencard - EB1 can take approx 1 year - EB2/EB3 if you are rest of the world category - can take 1-3 years

GC process has various stages.... above are only the estimates... it depends on lot of factors....

3. Can I take my wife and small child with me immediately or their procedure takes more time ?

YES.... on L2/H4 visa.... if you want to apply GC from outside of country and enter ... complete the entire process

4. How much does it cost for me and my family ?

Depends.... depeding upon visa category it can be $2000 to $4000 or more
for GC depending upon category and lawyer fees.... $3000 onwards

5. If I resign or loose job do I have some time to find other, or must I leave US immediately ?

If you are on H1, you can find another job and transfer the H1. L1 you can not transfer.... if you have GC... you are free to stay in US. If you have EAD and more then 180 days past I-485 ... you can use AC21 and change job

6. Can my wife work or she should apply for other visa ?

She can work on L2 (she can get EAD and SSN). H4 spouse can not work.... EAD in GC process will allow her to work

7. Can my child go to public school ?

YES

8. Is there a time limit on which I can be in US ? Can I apply for US citizenship ?

7 years of L1, 6 years on H1.... If you apply for GC depending on what stage... you can get extn beyond 7 and 6 years
If anyone knows the answers I will be grateful. There is a lot of mess in Internet about EB1 visa and I cannot find anything suitable.

Thank you,
PC
Click to expand...

disclaimer: I am not a lawyer.... this is based on my knowledge.... and do not relay on this one for accuracy. consult lawyer for for more accurate information....
 
Thank you guys for your responses. US employer wants to hire me. About EB1C what other criteria must I meet beside ones that I already described ? What is EAD and "entire process" ?

Thank you,
PC
 
You must log in or register to reply here.
Top