GC through employment advice

[byjove]

Hi guys!

Want to pick ya'll's brains again.

I may be offered a unique chance of employment (as well as everything else on my plate) and wondered, can you make application for GC straight away, or is there a time frame you have to abide by?

I wasnt going to renew my EAD card this Nov. as my i94 is only until July so I would only get 8 months for the cool price of $350+ fee to process. But...... If this works out it could be worth it. As always any feed back!

[peter gold]

You have to look at the PERM rules. Very complicated but if there is no suitable american for job after advertising then you can apply for labor certification and then adjust status to a green card.
Google PERM

[byjove]

THanx Peter, after finding out how I get a nice "DO" :rofl: I found something and will be looking that over.

[kirtida8]

Hi Byjove,
Having never had this opportunity ( or likely too LOL ) I think that labor cert might be quite involved and long in coming - so you may need to renew your EAD. But i am sure someone will put me right if I am talking out of my hat here.

[OberonSH]

Better to be safe than sorry - last thing you need is to go out of status

[Kriz1]

It can take a long long time...so I would renew...
The company can put you in straight away...ours did...

[byjove]

Oh! YEs! if the opportunity is viable then I would go get the EAD renewed, but I couldn't see the point to spend $350+ fee's just to keep working in our own business.

I am putting it forward that if I am to help this employer it would be subject to his sponser.

[tracifrost]

hi i think and im sure others will correct me if im wrong. but if you have been given the job offer already, it means that your company, could possibly of searched for an american to do the job already. having not found someone they are in a position to offer you.
I also think that it is your employer that will apply to sponsor you for a greencard. not yourself personally. because correct me again if i am wrong, the company, would of gone through a lot of trouble to find someone that can do the job. hence they wouldnt want to lose you as a worker and would consider paying to keep you. hence paying for relevant filing to sponsor you for EB1 but not sure what category this falls under.

[DavidL]

Hi guys!

Want to pick ya'll's brains again.

I may be offered a unique chance of employment (as well as everything else on my plate) and wondered, can you make application for GC straight away, or is there a time frame you have to abide by?

I wasnt going to renew my EAD card this Nov. as my i94 is only until July so I would only get 8 months for the cool price of $350+ fee to process. But...... If this works out it could be worth it. As always any feed back!

Time frame :

Placing job order, job adverts (online, sentinel, place of work, employee referral programme etc) must take 30 days. Different parts within this need only be 7-10 days. After the 30 day advertising period, you have to wait 30 days before your sponsor can file PERM. On day 61 of the process the PERM can be submitted online (this is your Priority Date or PD) and then all of the evidence is sent to DOL office. Normal time frame is around 45-60 days for processing, Normal being a clean app.

Once your employer has got the case certified, your prospective employer can file I-140 for you. Here is the crunch. If you are EB3 category, you will have a wait time (currently around) 4-5 years although the dates are revised every month. You need to check with the monthly visa bulletin if you are not already. If the job dictates an EB2 or EB1 category, then you should be able to file straightaway, not withstanding the recent fiasco. If your visa dates are current (under visa buletin), then you can file I-485 (adjustment of status) with your I-140. Suggest you also file for Advanced Parole so that you can travel in and out of Us without problem (problem would be returning to Us).

Texas service center is currently working on I-140s submitted in Feb 2007. They may re-introduce premium processing for $1000 giving you an answer in 15 days (not neccessarily an appoval or denial). I-485s are around 8 months.

Hope this helps.

[JulieC]

Not a quick job by the looks. What effect would this have on an E2 renewal, if she did not get through before the E2 runs out, would it show immigrant intent and prove a problem?? Anyone?

[DavidL]

Not a quick job by the looks. What effect would this have on an E2 renewal, if she did not get through before the E2 runs out, would it show immigrant intent and prove a problem?? Anyone?


The only time immigrant intent is shown is when the applicant applies for there AOS I-485 (final stage) and hence the need for Advanced Parole.

[byjove]

OK! It goes a bit deeper! Been offered a partnership in a business, being GIVEN it! The person cannot cope on his own and needs help, an international face!! He is darker skined and living in the rural parts of the good 'ole USA is finding discrimination slightly. Also he cannot run the business and get new business at the same time, the people round here are un reliable and he has had loads of stuff taken.

What would the advise be now? Which way do we go? He feels that he needs us to face his plan, seeing as we face very little problems with the local good 'ole boys! Do we go as me being sponsered as in employment or as a business partner?

[DavidL]

OK! It goes a bit deeper! Been offered a partnership in a business, being GIVEN it! The person cannot cope on his own and needs help, an international face!! He is darker skined and living in the rural parts of the good 'ole USA is finding discrimination slightly. Also he cannot run the business and get new business at the same time, the people round here are un reliable and he has had loads of stuff taken.

What would the advise be now? Which way do we go? He feels that he needs us to face his plan, seeing as we face very little problems with the local good 'ole boys! Do we go as me being sponsered as in employment or as a business partner?

Regardless, for the Employment based sponsorship, your sponsor is going to need to prove to the Dept of Labor that there are no able or qualified Usc who are able to meet the available job and that your sponsor is going to have to prove to USCIS that he can afford to pay you the prevailing wage rate i.e what would be paid regardless of your sponsorship. The sponsor will need to prove that you have skills & experience which the sponsoring business need.

You need to get an attorney who is familiar with PERM and employment based GC applications. There have been some names mentioned on here. I would look elsewhere.......

[kirtida8]

Hi Jill,

If he is a USC, I would try and go down the route of sponsorship rather than partnership, but that just me.

[byjove]

When you feel like a fish out of water, like I say all advice is welcome! :)

[peter gold]

As the sponser has to pay the fees etc I suggest that he/she/they look for one.

[byjove]

thanx everyone! Keep it coming!

[SHEILA 13]

Jill,Hope it all works out for you.

[DavidL]

As the sponser has to pay the fees etc I suggest that he/she/they look for one.


Byjove, Peter is 100% correct in that the Sponsor 'has to pay' the fees, but you need to find a competent attorney who can deliver the services which you need. This is far too an important matter to not have control over your destiny. I know of one particular attorney who really messed up badly on one persons case. The case was even closed when the attorney failed to respond to an RFE. Do yourself a favour and do some research. An LC will cost around $3.5k while I-140 around $1k. Stay away from the attorney who want all or most of the money upfront. Get your sponsor to pay a retainer, say, $1k and then the rest when the paperwork is sumbitted. You then need to stay on top of the process.

[byjove]

Great advise thank you, the offer all came out of the blue really. So not sure about it!

[DavidL]

Great advise thank you, the offer all came out of the blue really. So not sure about it!

Byjove,

I don't mean this to sound aggresive or condesending.....but.......if you have any chance at a sponsorship application, don't think twice about it. These things don't come around often and the sooner you start the process, the sooner you will be there. So please, stop thinking about it and get the process started before you lose the opportunity. Talk to a competent attorney and see if the sponsorship which your sponsor has in mind is workable.

Enough said.

[v2002]

:D Will you start using your own wonderful brain dear ????? or are you always gonna "stress ours" lol :D
Finally I do see, someone "digging very hard'" ----
Keep up with the good work dear :D .
xxxxxxxxxxxxx
Hi guys!

Want to pick ya'll's brains again.

I may be offered a unique chance of employment (as well as everything else on my plate) and wondered, can you make application for GC straight away, or is there a time frame you have to abide by?

I wasnt going to renew my EAD card this Nov. as my i94 is only until July so I would only get 8 months for the cool price of $350+ fee to process. But...... If this works out it could be worth it. As always any feed back!

[byjove]

:D Will you start using your own wonderful brain dear ????? or are you always gonna "stress ours" lol :D
Finally I do see, someone "digging very hard'" ----
Keep up with the good work dear :D .
xxxxxxxxxxxxx

Well honey! You always know I need to back up all my ideas! PM me (good to see you back!)