Re: ConfusedBritGirl's questions on moving to USA
 

*is

Re: ConfusedBritGirl's questions on moving to USA
 

Correct.

Re: ConfusedBritGirl's questions on moving to USA
 

FYI, you can edit any post you make for up to 2 hours afterwards. Just click on the "edit" button in the lower right after posting. :)

Ian

Re: ConfusedBritGirl's questions on moving to USA
 

Haha!! Thanks!

Re: ConfusedBritGirl's questions on moving to USA
 

Correct.

Rene

Re: ConfusedBritGirl's questions on moving to USA
 

Yes, unless he has a BSc + 5 years experience or a Masters then even having got through the GC application processes (PWD, PERM, I140) the EB3-ROW AOS category is a 6 year wait. So you could be looking at 9 years without the ability to work, assuming the employer starts the AOS procedure when his H1B is due to expire after 3 years.
With a BSC + experience or a Masters (EB2-ROW category) then you could possibly get a GC in 1-2 years, but only if the employer is willing to sponsor it and pay all the legal and application fees.
Often they will wait 1 year before starting this process to make sure they and the employee are the right match.

Re: ConfusedBritGirl's questions on moving to USA
 

Employers aren't required to pay for legal and application fees for green cards and some require the employee to bear the costs.

Re: ConfusedBritGirl's questions on moving to USA
 

My company had a policy that it was the first 3 years on H1 then if they renewed they would start the GC process, but the expense of the GC process was not a burden they would take on, so they would pass it down to the employee. They only paid for the H1 side of the process.

Re: ConfusedBritGirl's questions on moving to USA
 

My company brought us over on an L1/L2 in Nov 2010.

In Sep 2011 they began the GC process.

It took until Dec 2012 for all the PERM / DOL stuff to get taken care of fully, and for me to get business travel out of the way so we could file and not need to travel until Advanced Parole got granted. Our receipt date is 31 Dec 2012.

We had biometrics done last Friday (8 Feb) and were notified that I-140 was approved last Tuesday. Just the I-485 to go, and there's about a 3 month processing time at the moment. I guess that is taken from receipt date, so we could be done & dusted by mid April. The company is paying all costs. If I leave at any time over the next few years I'll have to repay these costs on a sliding scale - 100% in first 12 months after getting GC, 75% the year after, and so on, IIRC.

Re: ConfusedBritGirl's questions on moving to USA
 

BUT,assuming you are not EB-1 and had to undergo labor certification process, it is illegal for the employee to bear the cost of labor certification including the advertisements and recruitment costs. Atleast that's what was told to me by my lawyers when I was undergoing GC processing.

Re: ConfusedBritGirl's questions on moving to USA
 

The management at my company take this approach. Once they start the process, part of said process is EAD. This empowers the employee to move away from them. They are not willing to pay the costs of the GC application only to lose the employee, especially after the $$$$$ they have spent on getting them there in the first place and paying for the extension. Basically they will not pay for us to have our stepping stone into the US.

Im not sure if it is illegal to make the employee pay for the GC, im no lawyer. I just know how it works here and has done for years.

Re: ConfusedBritGirl's questions on moving to USA
 

The only logic of the GC is that they have to keep the employee, part of the deal or they run out of time on a temp visa.

From the employer perspective.

I do not believe there is any requirement regarding who pays.

Re: ConfusedBritGirl's questions on moving to USA
 

Nice to have all your opinions and experiences.. Thank You!
My boyfriend's contract would be 2 years and obviously if they wish to keep him on then they'll start the GC process. So, in your opinions what's the average length of time for this to all go through? (then allowing me to work)
His salary should cover both our living costs so guess I should get used to being a housewife!!! I like the idea of some voluntary work and would have lots of time for hobby's! I always fancied Art classes!!!!!!!
He has a BSc with 8+ years experience in his field so from what we'v read should be eligible for a GC when the 2 year contract on the H1b comes to an end.

Re: ConfusedBritGirl's questions on moving to USA
 

H can be for 3 years with a 3 year renewal.

Then it depends on what category he is in.

Re: ConfusedBritGirl's questions on moving to USA
 

I'm sorry, I should've been clearer. I did say that unless you are EB-1, the process will involve labor certification and then follows I-140 and I-485. It is illegal for an employee to bear the costs for the labor certification which include recruitment costs and attorney fees etc.,

Here is the rule for the same from the DOL website, it has been effective since 2007- http://www.gpo.gov/fdsys/pkg/FR-2007...ml/E7-9250.htm
"In addition, this Final Rule prohibits employers engaged in the
labor certification process from withholding from an alien's wages,
either in increments or in lump sum, any payment in reimbursement to
the employer for costs associated with that process."