AmericanFuture

Hi there,
I'm new to all of this so please bear with me
I think I may qualify for an EB2 if not then EB3.
-> I work for a US company but currently am in the UK. I take it from what I have read that to get going with EB2 or EB3 then my company needs to be trying to hire me for a particular position. If this is the case, then I guess the notion of applying from over here doesn't really hold: if the employer needs to go to these lengths then they are gonna really want me in the US. So GC application under these categories is by definition ON-SHORE right?
-> At a push, I may qualify for the EB2 waiver. Is that really realistic unless I am some world-class scientist, which I am not?!
-> Assuming I move to the US under employer sponsored EB2, what roughly can I expect the processing time to be? I know the answer to this is how long is a piece of string, but can I not get a rough idea? Also, how much quicker is:
(i) EB2 over EB3? (ii) Premium Priority Processing (or whatever it is called)?
-> My company typically get people over on an L1. From what I understand, under this VISA I have rough 10 days to leave the country if my job ceases to exist. Is that right? If I did manage to get another employer to sponsor me how does that marry with this very short period, after all doesn't it take quite a bit of time for the employer to show a need for "alien" employment?? The 10 days think makes me nervous but I wonder if I understood stuff better it may put my mind at ease.

Any help would be much appreciated.

Thanks

PS Please be gentle!

md95065

Given what you say it may be much simpler for you to try to get an L-1 visa along with an agreement from your employer to sponsor you for permanent residence.

The downside to this is that you will have to live with the risk of having to leave the US if your employment is terminated before you get your green card. While not ideal that may still turn out to be your most realistic option.

scrubbedexpat099

You would have no basis to get another job, you would need someone to sponsor you for a H1.

zerlesen

Technically, no: an employment-based green card is granted based on an offer of *future* employment, so as far as the US gov't is concerned I think the whole thing could be done through consular processing, with you overseas. In practice, given the massive inconvenience this would cause in most cases, I've never met anyone who has done this (although I'm sure they're out there).

When I was an H visa holder I also understood this to be the case. I recall reading recently that the "10 days" thing is a myth, however, and that you actually go out of status as soon as your employment ends. At the very least, though, if you leave within ten days of your job ending it is highly unlikely that CBP/ICE would scoop you up in the interim. I'm sure someone else has a proper answer for this...

S Folinsky

Hi:

You are getting bits and pieces of information, but you are not them putting together correctly. This is quite common -- even the courts despair of figuring out US immigration law at times.

That said, I see hints that your case may be doable. I suggest you consult with a qualified US immigration attorney. It can't hurt.