DavidLemon

My understanding is that does not mean that it is going to be a wait for the OP of 6 years, just that they are currently processing applications registered 6 years ago.

Processing times could catch up or they could fall even further behind over the next few years.

In truth we can only tell you where it is in the process now, and not where it will be in the future. Although one can take a guess based on trends of the past i suppose, but it will always remain a guess even if it is an educated one.

civilservant

Of course, the current priority date is just that. Current. However thats all you can really base a decision on at this moment in time, unless you have a crystal ball!

fatbrit

^^^^^THIS^^^^^^


Plus you should also consider retaining your own immigration attorney for independent advice. Remember, the company attorney works for the company, not you.

www.ailalawyer.com

ian-mstm

What visa? Knowing the category (EB-3 or EB-2) doesn't tell you what you need to know... which visa. If an H-1B, then they can't apply prior to April 1 and he can't start work until October 1. If an H-1B, then you get an H-4 derivative visa and can't work... full stop, end of story. This doesn't sound like a transfer within an already existing company (which would result in a L-1 visa for your husband and an L-2 visa for you (which would allow you to work))... so knowing the specific visa should be one of the first questions to ask.

Ian

fatbrit

It could always be an EB2 immigrant visa -- never say never and all that. And if they really want him, now's the time to ask for the moon.

(OP: An EB2 immigrant visa will give you right to work from arrival, and your naturalization clock starts on the day of your arrival.)

Zez

Thanks. There is no talk of start dates or anything, or which visa yet. All we know is that they are saying they want/need him and we are wondering whether to even seriously negotiate! Until yesterday I didn't even know there were so many different visas and that the one you are on can have such an impact. Now I know that's out first question we need to have answered and will definitely see a lawyer to do so! Thanks

Zez

Right, that's what to ask for then!! Thanks x

Hotscot

And Zez...you mention you're not interested in going for a year or two...still, great experience and looks good on the CV.

civilservant

The fact you haven't been is a massive red flag. You really must go before even considering it, because the US is vastly different to the UK in pretty much every way, except the language. It's not for everyone.

Jerseygirl

I've moved the off topic posts into a new thread in the US Forum.

http://britishexpats.com/forum/showthread.php?t=783653

jxv73

5 years progressive experience is the equivalent of a masters degree. If 10 years of progressive experience are REQUIRED for the job, not "preferred", then it is an EB-2. Your husband's masters does not help because it is the JOB that determines if it is EB-2.

Progressive means that the job responsibilities have increased.

As you can see, an immigration lawyer will need to be involved.

ian-mstm

Really? Would you please cite your source?

Ian

civilservant

Appendix 22-1 in the FAM I believe.

Here

ian-mstm

Ah... well then, good!

Ian

Zez

10 years are required, and in that field tht means that you would be quite senior, ie the job responsibilities would have increased in those 10 years. So someone who has been an assistant for ten years will not be eligible for the job. There is hope then! Thanks for the advice