jodvova

Hi,

I've looked through a number of similar topics, but couldn't find what I'm after.

I've recently got L1A approved and about to move to the US office. I'm talking with my employer regarding sponsorship for GC via EB1-C.

Ideally I would like them to begin an application from the day one. But the company's lawyer said that it's advisable to work for the US office for several months maybe a year in order to establish salary payments pattern before making an application. He said that if an application is submitted too soon, it's highly likely that USCIS will reject it.


Is this really the case ? Has anyone got any experience in similar situation ?

BTJ

Smells like BS. There is no requirement to have worked in the US for any period to qualify under EB-1c, only that you have worked in a managerial capacity for 1 year abroad and are coming to the US to work in a managerial capacity for a related company.

Not much that you can do if the company refuse to do it for a few months though.

Bob

It's a BS excuse.

If they don't want to do it, there's not much you can do about it. It's something you need in writing that they will do on day x, before relocating as part of your contract as they are under no obligation other wise and as soon as you get the greencard, you can bugger off, so delaying is their way of keeping you under the leash as it were.

Michael

I suspect the company wants to make sure you are a proper fit for the job before starting the green card process. Also once you get a green card, you are no longer tied to the job. However I don't think it is unreasonable for the company to wait one year to start the green card process since EB1(c) processing is usually pretty fast.

jodvova

I've been with the company 4.5 years in EU office and about to move the the US one. I understand that they might be thinking to hold me on a leash but that doesn't make much logical sense (at least not for me), provided I could have left the company many times before.

I just want to confirm that applying for GC right after a move to the US office is legal from the immigration law and wouldn't introduce any problems in processing.

BTJ

There's nothing stopping the company filing an I-140 petition right now before you even move and you filing I-485 (Adjustment of Status) once you arrive in the US* (or getting an immigrant visa if you can wait up to 12 months). It's just down to them to do it.

* Would be useful to get a Social Security number and will need immigration medical performed before you could file, but in theory there is no waiting period to file I-485 provided you have a pending or approved I-140.

jodvova

So I don't need to be on the US payroll at all. That helps to know this, thank you!

Michael

It depends on your job. If it is a Silicon position, there can always be startups with high stock options for the right person that might tempt you and the company would like to get at least some time from you before you left. However the leash isn't a guarantee since you can transfer to the new company on a H-1B visa with immediate application for a green card if they desire your experience.

SanDiegogirl

It costs companies money to sponsor for visas and Green card applications - not to mention the costs for actual re-location.

Therefore it is not unreasonable for the company to expect the employee to work for the company for some time after transferring to the US before starting the Green card application.

I worked for a great company and even they would not start Green card applications until one had worked for them in the US for a minimum of 6 months. They even had a 'chat' at the 6 month point to see how you were settling in.

Of course, if you are prepared to pay for the application yourself that's a different matter.

jodvova

I'm curious what is the average filling and legal bill for this process ? $5k-$10k USD ?

Orangepants

We were quoted $12k by the lawyer who did our O1 visa.

SanDiegogirl

Told that our visas/green card filings cost around 10K when they were processed some 10 years ago.