Pulaski

I think Hillary needs help, which isn't quite the same thing.

scrubbedexpat099

From the Russians?

MidAtlantic

She needs (and will take) help from anyone.

Jerseygirl

As this is the Immigration Forum...can we please stay on topic guys?

Steve_

Only if a visa number is immediately available, and they're only showing EB-1 as current in the current visa bulletin. So if the OP is a "multinational manager or executive" he might qualify but by definition he doesn't as the company is no longer international.

The priority dates aren't massively backlogged though, if they were willing to file an I-140 and wait awhile they could then bring him over on an immigrant visa as EB-3. But apparently they aren't willing to wait.

Steve_

Yes, they have to inform USCIS. As far as the affect on an immigration petition, depends on what they've filed for. Obviously it would affect a petition as a multinational manager but EB-2 or EB-3 it wouldn't have any real affect, but you can't get EB-2 or EB-3 straight away, there would be a gap. The question is whether you can figure something out to cover that gap.

The other option as someone already mentioned, if you're totally amazing you can do EB-1A.

Marry your American gf?

LonelyCloud

I don't think my wife would allow that

When you say gap, what do you mean?

Steve_

In order to be able to file for AOS immediately, the employer has to file an I-140, labor cert, and you an I-485, they can only do that if a visa number is immediately available, and they're not, currently.

If you still had L-1, they'd file the I-140 and the labor cert, wait for a visa number then you file the I-485 but you're going to lose your L-1 status so there will be a gap between the two.

https://travel.state.gov/content/vis...gust-2016.html

I have to say since they changed that I'm a bit confused by it, because what they seem to be saying is that if your employer filed an I-140 for EB-3, the NVC would immediately respond and ask you to apply for a visa - but they're not going to issue the visa until the priority date rolls around.

Also hard to figure out how long the wait actually is, it's moved 11 months in one year, so that would seem to imply you'd have a five month-ish wait [edit WTH am I on about, that clearly means a year] but you never really know until the new USCIS FY starts in October. As it's moving forward almost in date order, are they just saying they reckon no-one who applied in March is going to complete PERM before the start of their new FY?

Also you'd have to go through the DoL PERM labour certification process which takes about six months (hopefully).

Talk to an immigration lawyer who has done an EB-3 lately and see how long it takes if you want a firm answer.

But long story short, you're not going to get it in three months.

LonelyCloud

Thanks Steve, When you said gap i was assuming that there was some rule which stated because you had A you couldn't then apply for B until C had elapsed.

jxv73

Just to note you can have an I-140 pending on multiple categories at the same time

Steve_

Hmm, I edited that post and the edit didn't appear, obviously I made a mistake, if the trend shows 11 months, then it's likely 11 months. Duh. Never take the priority date away from today's date.

Anyway, the thought occurs, could you become a subcontractor and do E-2? Not that I recommend it, you have to make a substantial investment and it cannot be a subsistence business, but hey, if they're not going to help you, may as well start your own business and go into competition with them. Karma.

LonelyCloud

Since everyone loves a theoretical question here is one...

First of all, I'm letting the lawyers figure this one out. I drove myself nuts looking into visa options last time.

A non-profit, which operates in my particular field has expressed an interest in my services. I do not have a degree, but I have 6+ years of specific experience and 10+ over all. I am considered an expert and have at least one award for excellence in this field (if it matters, it's anti-counterfeiting related).

If I am currently on an L1A (doing the same type of work) would this be taken into account or could it be used as evidence towards an H1B?

Just to add, the office sponsoring the L1A is closing and this is a completely new employer. I am still in the US.

ian-mstm

It's not just whether you have a degree or not... the job must also require a degree! If it doesn't, it's unlikely that an H-1B application will be successful.

Ian

LonelyCloud

Fair point.

In that case the job requires a degree (I've had one conversation with them and tbh that never came up)

jxv73

Yes, if the job normally requires a degree, and you have 12 years of experience that can be used as an equivalent to the degree , then an H1B is possible and seeing how it it as a non-profit, then it could potentially quality for a cap exemption (but the non profit must be considered a "research" institution or affiliated to a university )