Sponsorship from a company

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Old Dec 5th 2018, 5:43 pm
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Default Sponsorship from a company

Hi guys, ive done some googling but im still unsure on the process, if my would be employer was willing to sponsor me from day 1, no h1b visa, how does this process play out, eg time, costing, checks??

Thanks in advance
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Old Dec 5th 2018, 6:45 pm
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Default Re: Sponsorship from a company

You mean sponsoring you for an employment based immigrant visa?

Google "employment based immigrant visa", that should yield some answers.

Time, maybe a year or so?

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Old Dec 5th 2018, 7:06 pm
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Default Re: Sponsorship from a company

Basically it's a similar process, though, where the US employer pays for everything and submits a petition... if approved, you apply for an immigrant visa. The plus side for you is that you become a US PR upon entry. The downside to the employer is that from Day 1 you can work for anyone you choose. You aren't tied to the employer who did your visa work. You'd have to have something VERY special for any employer to go this route and to wait so long just for you to fill the position.

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Old Dec 5th 2018, 7:15 pm
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Default Re: Sponsorship from a company

Has your potential employer suggested this route? If so, it would be worth asking their immi lawyer for an overview of the process.
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Old Dec 5th 2018, 9:53 pm
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Default Re: Sponsorship from a company

The ceo wants me to go over for a few weeks trial then if were both happy start the process and i could work from.home in the meantime
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Old Dec 5th 2018, 10:21 pm
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Default Re: Sponsorship from a company

You cannot go over for a few weeks trial. You do not have authorization to work and therefore, that avenue is closed to you.

A google search immediately brought up the information you are seeking:

https://www.uscis.gov/green-card/employment-based

CHL, this company has no conception of US immigration laws. If they are seriously considering you for a position with the company, then they need to hire an immigration attorney to do their legwork and give them the information they need to hire foreign citizens without USCIS work authorization to the US for employment. It is not up to you to find this information out for them. Immigration has many ins and outs and only a well-established, well-versed immigration attorney specializing in work visas can assist them.

Last edited by Rete; Dec 5th 2018 at 10:24 pm.
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Old Dec 5th 2018, 10:22 pm
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Default Re: Sponsorship from a company

Originally Posted by CoolHandFluke
The ceo wants me to go over for a few weeks trial then if were both happy start the process and i could work from.home in the meantime
Erm.......you can’t work at all, even on a trial basis, without a visa allowing you to do so! S/he definitely needs to run that past an immi lawyer first.

Given your potential issues with being able to enter the US, the last thing you want to do is compound that by working illegally too - remember that it’s all very well for the CEO to be blasé about it, but it’s you that would potentially get in trouble. So do check that what you’d be doing would be allowed whilst on a visitor visa (did you apply for your B visa yet?).
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Old Dec 5th 2018, 10:26 pm
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Default Re: Sponsorship from a company

In addition, there is the problem that you cannot use the VWP any longer (I know you used it in October) to come to the US as you are now fully aware that you have a CIMT to your name and are ineligible to use the VWP. You can attempt to get a B visa and hope for the best.
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Old Dec 5th 2018, 11:35 pm
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Default Re: Sponsorship from a company

Originally Posted by CoolHandFluke
The ceo wants me to go over for a few weeks trial then if were both happy start the process and i could work from.home in the meantime
It sounds as if the CEO is willing to do anything except retain counsel to advise if and how this hiring can be done the correct way. Please be careful—if things go wrong, you and your family are the only ones who will be adversely affected.
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Old Dec 6th 2018, 12:03 am
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Default Re: Sponsorship from a company

Originally Posted by CoolHandFluke
The ceo wants me to go over for a few weeks trial then if were both happy start the process and i could work from.home in the meantime
As others have said, you can't just show up on a visitors visa (that you don't even have yet!). You aren't allowed to work in the USA without a work visa.

And then what, anyway? Work from home in the UK for the 12+ months it can take to get your visa? Really?

Honestly whichever employer this is, they have no clue. They need an immigrating lawyer. And you should be doing nothing more than asking them which visa they intend to get for you, and then talking to their immigration lawyer to get forms filled out. That is IT. Did the employer actually offer to do the immigrant visa for you?

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Old Dec 6th 2018, 12:13 am
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Default Re: Sponsorship from a company

Originally Posted by CoolHandFluke
The ceo wants me to go over for a few weeks trial then if were both happy start the process and i could work from.home in the meantime
You're starting to ignore a lot of accurate and good advice you've had on here.

How do you propose to go over for a trial? On what visa? Any non immigrant visa requires a waiver for at least one and potentially another item on your record.

Does your employer know that that waiver for a visa that doesn't really exist unless he's going to sponsor you for an H1-B just for a trial will take upto 6 months to receive? Does your employer know that the sponsorship for an EB class visa (which I'm not even sure there's a suitable category for you) requires another waiver that you might not even be able to get if you're judged to have misrepped yourself, and does your employer know that even if you can get it, you're in for a seriously long wait for it?

You're trying to answer questions that are so hypothetical, that they aren't even worth asking. You're skipping over all of the issues that everyone on here has already graciously pointed out to you.

If there was a way for you, we surely would know it and we would have told you.
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Old Dec 6th 2018, 12:25 am
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Default Re: Sponsorship from a company

CHF I suggest you speak with an immigration attorney they can advise the best route that may be available to you, it appears that the ceo has no experience in hiring foreign workers, under no circumstances do not go and work on a trial basis. As said by others penalties are harsh and can include a lifetime ban from entering the USA.
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Old Dec 6th 2018, 12:29 am
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Default Re: Sponsorship from a company

Originally Posted by sarasota chic
CHF I suggest you speak with an immigration attorney they can advise the best route that may be available to you, it appears that the ceo has no experience in hiring foreign workers, under no circumstances do not go and work on a trial basis. As said by others penalties are harsh and can include a lifetime ban from entering the USA.
The poster does not need to seek assistance from an immigration attorney, the employer does. The OP can be offered all the visas in the world from the US employer but he is not going to get anything unless and until the company's immigration attorney files the appropriate paperwork and if the OP can get a waiver. The OP should not pay out money for advice that the company is responsible for getting.
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Old Dec 6th 2018, 12:58 am
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Default Re: Sponsorship from a company

Originally Posted by Rete
The poster does not need to seek assistance from an immigration attorney, the employer does. The OP can be offered all the visas in the world from the US employer but he is not going to get anything unless and until the company's immigration attorney files the appropriate paperwork and if the OP can get a waiver. The OP should not pay out money for advice that the company is responsible for getting.
From what the OP has stated it appears the employer knows next to nothing about immigration, I thought given the OP’s past run in with the British legal system it may be prudent to seek legal advice before starting the immigration journey to avoid disappointment.
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Old Dec 6th 2018, 3:25 am
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Default Re: Sponsorship from a company

Begs the question if the Employer knows about the criminal conviction.
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