Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

EB1 employment vs marriage based GC

EB1 employment vs marriage based GC

Old May 1st 2002, 11:30 am
  #1  
Dave
Guest
 
Posts: n/a
Default EB1 employment vs marriage based GC

Hi all,

I am currently in the US (Southern California) on an H1B visa and in the process of
filing my employment based GC petition. I can apply for the EB-1 first preference
category, since I am an international executive transfer. That's great, because that
means that I can skip the Labor Certification. After petition approval I would like
to go for consular processing in The Netherlands, my country of birth and
citizenship. By the way, does my country of citizenship has any influence on
processing time in the current situation?

Another great thing is that I plan to marry my US citizen girlfriend. I am just
curious what the advantages and disadvantages are of applying for GC based on
Employment or marriage.

Right now I know that marriage based is conditional (no problem), allows earlier
citizenship (I don't really care) and has less hassle and lower attorney costs (quote
$3200 vs $800 from same attorney).

I am just wondering what exactly would happen if I would loose my current employment
(not likely, but shit happens) when either filing option is pending.
- If I would choose marriage based and would loose my job, how quickly would I be
able to get some kind of work authorization based on my pending case to maintain in
legal status after by H1B is invalid? How quickly can I get another legal status
then (with or without work authorization)? I built up a completely new happy life
here and don't really have anything to go back to in my old country. I want to do
everything strictly legal and by the book though.
- In case of employment based, I would have to start all over again, including LC
this time, right?

Any other input or suggestions?

Thanks,

Dave
 
Old May 2nd 2002, 7:00 pm
  #2  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: EB1 employment vs marriage based GC

On Wed, 1 May 2002 15:59:55 -0700, "Dave" <[email protected]> wrote:

    >Hi all,
    >
    >I am currently in the US (Southern California) on an H1B visa and in the process of
    >filing my employment based GC petition. I can apply for the EB-1 first preference
    >category, since I am an international executive transfer. That's great, because that
    >means that I can skip the Labor Certification. After petition approval I would like
    >to go for consular processing in The Netherlands, my country of birth and
    >citizenship. By the way, does my country of citizenship has any influence on
    >processing time in the current situation?

Not currently.

    >Another great thing is that I plan to marry my US citizen girlfriend. I am just
    >curious what the advantages and disadvantages are of applying for GC based on
    >Employment or marriage.

In this case, I would go for the employment-based one. Just in case the marriage
breaks up before your conditional residency is up. With an employment-based GC, there
is no conditional residency, and processing in your particular case may also be
slightly faster.

    >Right now I know that marriage based is conditional (no problem), allows earlier
    >citizenship (I don't really care) and has less hassle and lower attorney costs
    >(quote $3200 vs $800 from same attorney).

You still get the earlier citizenship regardless of how you got your Green Card. I
actually doubt that the marriage would be simpler in your case; it actually tends to
be particularly hassle-prone. Between the petition and later removing your condition,
I'd say that a well-prepared employment case, even an EB-1, is probably easier. And
it will probably also be faster.

    >I am just wondering what exactly would happen if I would loose my current employment
    >(not likely, but shit happens) when either filing option is pending.
    >- If I would choose marriage based and would loose my job, how quickly would I be
    > able to get some kind of work authorization based on my pending case to maintain
    > in legal status after by H1B is invalid?

If you go for consular processing, you cannot get a legal status until the consular
interview. This would be about six months to a year after your wife first files the
petition for you.

If you chose adjustment of status, you would remain in legal status without
interruption. You can also apply for employment authorization while you still have
the job, so to speak preemptively.

    >How quickly can I get another legal status then (with or without work
    >authorization)? I built up a completely new happy life here and don't really have
    >anything to go back to in my old country. I want to do everything strictly legal and
    >by the book though.
    >- In case of employment based, I would have to start all over again, including LC
    > this time, right?

In your case, you don't. Simply go to the INS the next day and file the
marriage-based paperwork (using adjustment of status - don't use consular processing
in this case unless you want to stay outside the US while you wait). There is nothing
that says that if your employment ends that you couldn't go for marriage-based at
that point.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old May 3rd 2002, 6:30 am
  #3  
Dave
Guest
 
Posts: n/a
Default Re: EB1 employment vs marriage based GC

Thanks a lot for your input Ingo.

Dave.

"Ingo Pakleppa" <[email protected]> wrote in message
news:[email protected]...
    > On Wed, 1 May 2002 15:59:55 -0700, "Dave" <[email protected]> wrote:
    >
    > >Hi all,
    > >
    > >I am currently in the US (Southern California) on an H1B visa and in the process
    > >of filing my employment based GC petition. I can apply for the EB-1 first
    > >preference category, since I am an international executive transfer. That's great,
    > >because that means that I can skip the Labor Certification. After petition
    > >approval I would like to go for consular processing in The Netherlands, my country
    > >of birth and citizenship. By the way, does my country of citizenship has any
    > >influence on
processing
    > >time in the current situation?
    >
    > Not currently.
    >
    > >Another great thing is that I plan to marry my US citizen girlfriend. I am just
    > >curious what the advantages and disadvantages are of applying
for
    > >GC based on Employment or marriage.
    >
    > In this case, I would go for the employment-based one. Just in case the marriage
    > breaks up before your conditional residency is up. With an employment-based GC,
    > there is no conditional residency, and processing in your particular case may also
    > be slightly faster.
    >
    > >Right now I know that marriage based is conditional (no problem), allows earlier
    > >citizenship (I don't really care) and has less hassle and lower attorney costs
    > >(quote $3200 vs $800 from same attorney).
    >
    > You still get the earlier citizenship regardless of how you got your Green Card. I
    > actually doubt that the marriage would be simpler in your case; it actually tends
    > to be particularly hassle-prone. Between the petition and later removing your
    > condition, I'd say that a well-prepared employment case, even an EB-1, is probably
    > easier. And it will probably also be faster.
    >
    > >I am just wondering what exactly would happen if I would loose my current
    > >employment (not likely, but shit happens) when either filing option is pending.
    > >- If I would choose marriage based and would loose my job, how quickly
would
    > >I be able to get some kind of work authorization based on my pending case
to
    > >maintain in legal status after by H1B is invalid?
    >
    > If you go for consular processing, you cannot get a legal status until the consular
    > interview. This would be about six months to a year after your wife first files the
    > petition for you.
    >
    > If you chose adjustment of status, you would remain in legal status without
    > interruption. You can also apply for employment authorization while you still have
    > the job, so to speak preemptively.
    >
    > >How quickly can I get another legal status then (with or without work
    > >authorization)? I built up a completely new happy life here and don't really have
anything
    > >to go back to in my old country. I want to do everything strictly legal and by the
    > >book though.
    > >- In case of employment based, I would have to start all over again, including LC
    > > this time, right?
    >
    > In your case, you don't. Simply go to the INS the next day and file the
    > marriage-based paperwork (using adjustment of status - don't use consular
    > processing in this case unless you want to stay outside the US while you wait).
    > There is nothing that says that if your employment ends that you couldn't go for
    > marriage-based at that point.
    >
    > Ingo
    >
    >
    > I am not a lawyer and this is not legal advice. For reliable advice, please consult
    > with a professional immigration attorney.
    >
    > For further information, check the following frequently-requested links.
    >
    > For many questions, you may find answers at
    > http://travel.state.gov/visa_services.html (Department of State)
    >
    > or http://ins.usdoj.gov (INS).
    >
    > For consular policies and visa reciprocity fees, find your consulate in
    > http://travel.state.gov/links.html
    >
    > For visa denial and suggestions what to do about them, see
    > http://travel.state.gov/visadenials.html
    >
    > For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
    >
    > For information on affidavit of support for marriage to US citizens (I-864), go to
    > http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
    >
    > For information on entering the US as a K-1: http://www.k1poelist.com/
    >
    > For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
    >
    >
    > For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
    > http://travel.state.gov/revals.html
    >
    >
    > For non-official information, check:
    >
    > (When using these sites, and any Web sites, please watch out for privacy, as I do
    > not know all site operators.)
    >
    > http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
    > http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
    > (dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
    > http://www.getusavisa.com http://greencard-lottery.virtualave.net/
    > http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
    > http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > http://www.workpermit.com
    >
    > This is not an endorsement of any of these Web sites. I am not affiliated with any
    > of the Web site owners and do not receive nor accept payment in return for listing
    > them, and typically don't even know them.
    >
    > (if believe you have a good immigration-related Web site and want your Web site
    > listed here, please e-mail me).
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.