Strange advice on green card application
 

Hi all,

I have just received this bit of information from UK HR regarding GC, after they consulted with US HR -

"If you were to be successful on your application for the L1-B visa, the US would be able to start your green card application around 3 years after your arrival. The process for this can take around 1-2 years depending on the employment category."

However I have read that the GC application can be started immediately or even before I arrive. Is there any reason for this or did they just make this up?

Re: Strange advice on green card application
 

They probably mean the US [office] would [be prepared] to start you green card application around 3 years after your arrivel

Re: Strange advice on green card application
 

Sounds like the company will NOT start your green card processing until you have been in their employ in the US for three years. Their call. They don't have to apply at all if they so chose.

Re: Strange advice on green card application
 

Thanks - I should clarify that UK HR was only exploring options on settlement advice from US HR, so I'm not sure why that was advised when it's the business/my manager that decides this and not HR. I just wanted to know if there was any legal issue barring an employer from applying immediately.

Re: Strange advice on green card application
 

None that I am aware of, unless you are required to have an approved 140 first. (Check on this because I vaguely recall this being needed for a green card if you are here on an LB visa.)

Re: Strange advice on green card application
 

The company I worked for had a 6mth in US rule then the GC could be applied for. HR took all decisions out of LOB hands. You'd be surprised how much power HR have to destroy everything. Be prepared for a fight.
My US HR liaison was an old battle axe. Upon meeting me - she said - Oh I can see why he hired you - looking me up and down. Totally inappropriate.

Re: Strange advice on green card application
 

Hi, what's LOB? Also, that's pretty insane. I recall an Australian employee recently applying for GC at the US office, and he's been there less than 3 years. It should definitely be down to the business to make the decision + pay the costs. I will clarify this tomorrow, thanks!

Re: Strange advice on green card application
 

LOB - Line of Business. The bigger the company - the less of an input your manager will have.

Re: Strange advice on green card application
 

That's very interesting - what's in it for HR to call the shots here?

Re: Strange advice on green card application
 

Quite simply, the ability to believe they have more power than they actually do. HR often reports to someone at a high pay grade than a line manager - so a manger/supervisor usually has little influence. If the manager, however, got a VP on board, then HR will often kowtow.

Ian

Re: Strange advice on green card application
 

It can't be started before you arrive, to my knowledge.

Rene

Re: Strange advice on green card application
 

That makes sense. My manager happens to be very high up. I'll find out soon enough if this is a general rule or whether it can be overridden.

Re: Strange advice on green card application
 

I think the US Company could apply for EB-3/EB-2 whatever he may qualify for. Think that might be a hard sell, if he doesn't have US stakeholders who are vested in him. If he does have support then they could apply now and meanwhile go over on the L-1B. Purely a business decision.

Re: Strange advice on green card application
 

Really?

Re: Strange advice on green card application
 

No need to go through a work visa at all, I always supposed that the intent was that someone who wanted to move permanently would go straight to GC, somebody temporary would use a work visa.