Enigma368

Still no news from the H1B lottery and every day makes it look less likely I have been successful

I am still working for the LA based company as a contractor on a daily basis from the UK. The backup plan we discussed was to go down the J1 Trainee route if I did not get the H1B. As this is not a dual intent visa though, and it is only valid for up to 18 months, it is far from ideal.

Just been reading up on the Green card process and it looks like a) I would possibly be eligible for the EB2 route and b) it appears the EB2 route is currently taking between 12-18 months for people not from China/Philippines/India etc.

My question is: if I went on the J1, could the company initiate the EB2 process immediately as long as they did not initiate it before I got the J1. I know this is essentially playing the system but it still happens, right?

Alternatively, could we skip the J1 and have them apply for the EB2 while I work from the UK. Could I then go over periodically on a B-1 visa until the EB2 was approved? I understand getting a B-1 business visa is very difficult when green card process has been initiated as it is not a dual intent visa.

And before anyone asks...I have no idea if the company would be willing to consider the green card. However they have spent a lot of money so far training me up and have made it clear they had difficulties finding someone locally so there is always a slight chance. I would also be open to offer to pay for some or all of the green card (if legal).

Anyway just wondering if you experts out there could answer whether either option is at least technically/legally possible? I know some people might wonder why I would take on all this headache but if I wasn't committed I would have given up long ago.

thanks!

ian-mstm

To clarify, almost all visas are dual intent. Some, like L and H, are explicitly so... but that doesn't mean the others aren't. Just because a visa doesn't specifically allow dual intent, it doesn't follow that dual intent is prohibited. Indeed, there's only one visa that I can think of that specifically disallows dual intent - and that's not relevant in your situation.

This is one situation where a chat with an experienced immigration attorney might prove useful.

I'll let others respond to your questions.

Ian

sherbert

We're looking into Green Card route right now. For an employer based GC the employer is required by law to pay for certain parts of it. I think the individual can pay the lawyers fees. For a self petition (National Interest Waiver) you can pay the whole thing yourself (around $8000)

Pulaski

How long have you been a contractor? Are you functionally an employee? ..... After 12 months (plus any time you have spent in the US) maybe you could qualify for an L-1?

Enigma368

I think I read that for L-1 an office has to remain in the country where you are moving from, but maybe I got that wrong. As I am the only contractor/employee of theirs in the UK, this wouldn't work if my understanding is correct.

Well I wouldn't qualify for a national interest waiver I don't think. I think probably if I don't get the H1B, the company would want me to go the J1 route as they are understandably keen for me to move over asa. I could then ask them about green card sponsorship so that I would have a long term option.

I do think I need to talk to a lawyer but I'll wait until I hear for definite on the H1B.

Bob

Two off the top of my head, C and D for cabin/ship crew and to transit....I know they're usually issued together, so it's splitting hairs, but you're right, irrelevant.

scrubbedexpat099

Forget the L.

anandkumar

You got your green card in 6 years o.O how is that possible ?

My cousin and friends are here on H1b since 8 years they still do not have a gree card ? is is on L1A ?

Enigma368

My understanding, and I may be incorrect, is that a company can sponsor you for a green card at any point, whether you are on a H1B or whether you are not even working for them. They still need to prove they cannot find someone locally though.

The timeline from applying seems to be about 12-18 months for EB-2 EXCEPT for nationals from very specific countries such as India, the Philippines and China where the processing time can take up to 10 years.

Again, this is all from online research so I may be wrong and would like to be corrected if I am.

ian-mstm

If the employer doesn't want to sponsor someone for a green card, then they will never get one. This is generally true regardless of the visa. If someone gets a green card, it's because their employer was willing to start the process on their behalf.

Ian

SarahG

We arrived in the U.S. In 2009 but it was not until my OH had been working for his 2nd employer for a year that they started the GC process. This was January 2013. There are several stages that need to be completed and some of the have time constraints.

Enigma368

Hi Guys,

Unfortunately I found out earlier this month that I was unsuccessful in the H1B lottery.

However yesterday the LA company who I am still working remotely for agreed to start the process of sponsoring me for a green card. It will take another 18-24 months and it may still not work out, but I was determined to give it my all to try and make my goal of living in the US a reality and difficult as it has been, I feel pretty happy with how it has worked out.

Thanks to all the advice given here. Some people offered great ideas - Ian the idea to use a US address on my CV/resume was critical - I had wasted three weeks and gotten nowhere until I did that. (I also in the end had to use a US skype phone number and lie and say I was in the US to get people to take me seriously!)

Anyway thanks again!

Bob

Good luck on the green card and thanks for the follow up! Always nice to hear how things turned out, even if it wasn't all to plan

tantrum

That's great news. Have you looked into whether your UK LTD can help you be in the US on an E1 visa in the meantime?

Enigma368

No, not aware of this as an option. I spoke to the company's immigration lawyer yesterday and he didn't raise this. I am an IT programmer subcontracting to the US company under my Limited Company(of which I am the sole employee and Director and the US company is my sole client). Would this really qualify me for an E-1?