Moving from E2 to EB-1C

Old Feb 11th 2010, 3:03 am
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Default Moving from E2 to EB-1C

Hi all. I am on an E2 visa (5 years) and am loving it so much in new york I'm looking in to the possibility of a green card. I have made some initial enquiries at work and it looks like my employer might sponsor me through the process. I've heard its a tough process but not impossible?

What I wanted to ask is: if i get Green card under the EB-1C route/ Multinational Executive, Manager (I think thats what they'd go for) with my company 'sponsoring' me (ie paying for the application process), does this mean my Green card status would be in some way tied to my current employer and that I couldn't leave and work for someone else? I'm appreciative of them thinking of sponsoring me, but I'd like to be able to take other opportunities if they came my way - better role, more money etc and the market is picking up again job wise.

Oh for what its worth, I used to work for the London branch of the same company for 1.5 years as an exec.

Any info much appreciated.

Jon

Last edited by EnglishJon; Feb 11th 2010 at 3:34 am. Reason: more info
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Old Feb 11th 2010, 3:43 am
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Default Re: Moving from E2 to EB-1C

Once you have the green card you can work for whomever you want. During (at least the first part of) the application process, which can take some time, you are tied to your employer.
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Old Feb 11th 2010, 3:38 pm
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Default Re: Moving from E2 to EB-1C

Originally Posted by EnglishJon View Post
Hi all. I am on an E2 visa (5 years) and am loving it so much in new york I'm looking in to the possibility of a green card. I have made some initial enquiries at work and it looks like my employer might sponsor me through the process. I've heard its a tough process but not impossible?
Based upon your factual description, it sounds doable to me. On the petition/application process, your employer's attorney should be on top of it. As to YOUR question, you may want to get independent advice from another attorney -- NOT from the employer's attorney. FWIW, there is somewhat an inherent conflict of interest regarding the employer's lawyer assisting you. This is an issue involving big cat fights within the immigration bar.
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Old Feb 11th 2010, 6:01 pm
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Default Re: Moving from E2 to EB-1C

Thanks for the advice both. I'm sure they will build something in to the contract to say that if I leave within x time I will need to pay the processing fees back... but outside that, I'm as free to work in any US company if I get a green card correct? Just checking that there aren't certain Green card types that only permit me to work with the company I got it through... so its a Green Card full stop?

Any fingers in the air on how long it could all take?
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Old Feb 11th 2010, 6:03 pm
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Default Re: Moving from E2 to EB-1C

Originally Posted by EnglishJon View Post
I'm as free to work in any US company if I get a green card correct?
Correct... no restrictions at all on where you work.

Ian
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Old Feb 12th 2010, 8:39 am
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Default Re: Moving from E2 to EB-1C

Not sure how long you have been on the E2 - just beware that for EB1C you need to have worked overseas for the employer for 1 of the previous 3 years...make sure you don't "age out" on this one.

Good luck with it - I got my greencard via EB1C - although was originally on L1A

Originally Posted by EnglishJon View Post
Hi all. I am on an E2 visa (5 years) and am loving it so much in new york I'm looking in to the possibility of a green card. I have made some initial enquiries at work and it looks like my employer might sponsor me through the process. I've heard its a tough process but not impossible?

What I wanted to ask is: if i get Green card under the EB-1C route/ Multinational Executive, Manager (I think thats what they'd go for) with my company 'sponsoring' me (ie paying for the application process), does this mean my Green card status would be in some way tied to my current employer and that I couldn't leave and work for someone else? I'm appreciative of them thinking of sponsoring me, but I'd like to be able to take other opportunities if they came my way - better role, more money etc and the market is picking up again job wise.

Oh for what its worth, I used to work for the London branch of the same company for 1.5 years as an exec.

Any info much appreciated.

Jon
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Old Feb 12th 2010, 6:57 pm
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Default Re: Moving from E2 to EB-1C

Originally Posted by ri_mischief View Post
..make sure you don't "age out" on this one.
I did not see any mention of older children in this one. I do agree that doing the EB-1 before child turns 21 is a good idea.
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Old Feb 13th 2010, 2:04 pm
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Default Re: Moving from E2 to EB-1C

I have a feeling he meant age out in a different context.

Just wondering why you came over on an E2 rather than L?
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Old Feb 13th 2010, 3:07 pm
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Default Re: Moving from E2 to EB-1C

Originally Posted by Boiler View Post
I have a feeling he meant age out in a different context.

Just wondering why you came over on an E2 rather than L?
I don't know to be honest, it was always tabled as a semi permanent move, so the E2 for 5 years with indefinite renewals seemed best - I'm just guessing though as it wasn't up to me. Its a massive ad agency network I work for - WPP - and I worked in the UK branch of the office I now work for in NYC for 1.5 years, and I came here last march, been here a year. So it looks like I have some of the requirements for the EB-1C - the aging out thing seems to be fine.

I know its hard to say - especially seeing as though the more difficult E2 to GC route - but does anyone have an idea of timescales?
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Old Feb 13th 2010, 3:44 pm
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Default Re: Moving from E2 to EB-1C

Originally Posted by EnglishJon View Post
I don't know to be honest, it was always tabled as a semi permanent move, so the E2 for 5 years with indefinite renewals seemed best - I'm just guessing though as it wasn't up to me. Its a massive ad agency network I work for - WPP - and I worked in the UK branch of the office I now work for in NYC for 1.5 years, and I came here last march, been here a year. So it looks like I have some of the requirements for the EB-1C - the aging out thing seems to be fine.

I know its hard to say - especially seeing as though the more difficult E2 to GC route - but does anyone have an idea of timescales?
First things first, will the company play ball?

They have you by the short and curlies now, you will be a free agent with a GC.
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Old Feb 13th 2010, 3:56 pm
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Default Re: Moving from E2 to EB-1C

Originally Posted by Boiler View Post
First things first, will the company play ball?

They have you by the short and curlies now, you will be a free agent with a GC.
Yes, they said they'll sponsor me - so pay all or some of the fees towards the application process. I am assuming there will be a tie-in period/agreement that I'll need to sign that states that if I leave within a certain time I need to pay the application fees back. This is the info I'm waiting on from them now - the conditions. I'm fine staying for 2 or 3 years max with them, as I was going to do that on my E2 anyway. If I manage to get a greencard within that time too, then BONUS!

Any ideas on processing time?
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Old Feb 14th 2010, 12:04 am
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Default Re: Moving from E2 to EB-1C

Originally Posted by EnglishJon View Post
I So it looks like I have some of the requirements for the EB-1C - the aging out thing seems to be fine.

I know its hard to say - especially seeing as though the more difficult E2 to GC route - but does anyone have an idea of timescales?
There is no "one size fits all" plan. It is not good practice to say "I will come in on an 'x' visa and then do a 'y' visa." In American slang, there is often "more than one way to skin a cat." In addition, there are many facts that need to be ascertained to figure out, not only the best strategy, but also the time frames.

By the way, there seems to be a strong prejudice against E-2 visa. One of the reasons is the very "age out" issue that is not a problem for you. If your children were, lets say, 19 years of age, then there would be that problem.

Also, there is the idea that it is "difficult" to change from E-2 to green card. This mis-concept arises from the fact that there is often no direct analogue between the various categories. But if one qualifies for both, then it is often easy.

Bottom line, no where enough facts stated in your post to determine what is "best."
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Old Feb 24th 2010, 10:26 pm
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Default Re: Moving from E2 to EB-1C

Hi English John

PM'd you with a question about your E2 move with WPP. Grateful for any help you can offer

Many thanks
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Old Feb 27th 2010, 7:42 pm
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Default Re: Moving from E2 to EB-1C

Question:

The one year rule, how hard and fast is that? I am in a terrible situation where i am a week short of one year in my previous job, in our London office.

Anyone have any advise?
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Old Feb 28th 2010, 4:31 pm
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Default Re: Moving from E2 to EB-1C

Originally Posted by newyorkblues View Post
Question:

The one year rule, how hard and fast is that? I am in a terrible situation where i am a week short of one year in my previous job, in our London office.
Quite often in the law, there will be a "bright line" in order to avoid having to decide which side of a fuzzy edge one may be on.
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