EB1 from outside the USA?

[OberonSH]

Okay, this might seem a bit of an obvious question but I'm going to ask anyway ;-)

Can you apply for an EB1 visa and GC at the same time if the employee is outside the USA (and all other conditions are met - US side in existence for 1 year plus etc etc etc)?

I can't find any mention anywhere that the employee has to have worked in the USA in the run-up to the GC application.

Might just be my frazzled bain - poor Lappy has been in the shop thanks to a horrible virus (hence the long absence!)

[Bayfield]

There are immigrant visa's and non immigrant visa's, the reason the two have become confused is that due to the delays, the non immigrant with dual intent whilst waiting for the immigrant has become the norm.

[anniefromessex]

Hi Obi,

Welcome back, wondered where you were!!

Have no answers for you, but I'm sure somebody will!! Hope you are all well.

Love Anniexxx

[OberonSH]

No Problem! Had a bout of gastroenteritis and a 4 day stay in the hospital too. It never rains....

I've done a bit of digging, and think I've found the answers. For anyone else who's interested, you can file for these from your home country - you choose Consular Processing on the I-140 from what I gather. The i-485 (residency) can be filed after you receive the Receipt Notice for the i-140 (immigrant petition for alien worker), as if approved gives you a visa number immediately, then the USCIS send your application to your home consulate and they sort it out. Requires interview though, not a prospect I relish having read the horror stories

Apparently can be a bit risky, as if the I-140 is denied, you lose the money you've paid for the I-485 (several thousand dollars if you're a large family) but I guess the upside is not having to worry abut any renewals.

[Bayfield]

Very few people would quailify for an EB1. Something for a Lawyer to assist in anyway.

[JulieC]

I dont think you have to file concurrently. Most do as you can and it does cut the processing time down but it saves the money ( we lost our I-485 money as our I-140 was denied). I think if you process here you have to get medicals before filing I-485 now. Check on how that works with consular processing as medicals are expensive not to mention stressful with all those jabs.

Bayfield, I think she means EB1(c) multinational manager. That isnt so rare.

[Bayfield]

Not many Companies would wait for that, use the L.

[OberonSH]

Yeah, I was talking about the C category. If I won a Nobel Prize I wouldn't be worrying lol. I was aware you don't have to file, but I suppose it depends how strong a case you have. If it's a pretty strong case it could be worth it.

I am not a big fan of jabs, with all this science you'd think they could invent a better way. As for the medicals, I can't find any information on that - you have to use an 'approved' doctor but they only list ones int eh USA. Presumably the Consulate would be able to give you UK based ones if you applied though.

Has anyone come across a successful EB-1 (C) case? Especially one where the Director is the one transferring?

[JulieC]

Loads of people do it from L1 but I think it is rare to do it directly from the UK without going through a visa first.

[Ray10]

Medicals are done now by
http://www.visamedicals.info/ in London

[Steve Collins]

I immigrated to the US on an EB1 (Green Card) back in 2000, so it can be done. I was living in the UK at the time and was sent a large packet that we had to give to immigration on arrival, they took our fingerprints and did the associated paperwork at the airport.

[Carl]

Providing both businesses qualify you can go straight for a EB-1 C and miss the L1 out all together.

Carl.

[Susie]

I immigrated to the US on an EB1 (Green Card) back in 2000, so it can be done. I was living in the UK at the time and was sent a large packet that we had to give to immigration on arrival, they took our fingerprints and did the associated paperwork at the airport.

Did you just file the I 140 or concurrently file the I 140 and I 485, can you explain in a bit more detail, thanks

[Andrew MacDonald Wilson]

That is a good question.

The short answer is no.

If the individual is outside of the U.S., there can be no concurrent filing. The I-140 petition along with supporting documents and evidence is filed. If/when approved, then the individual may process for an immigrant visa through the National Visa Center (NVC) and the consulate.

If the individual filed the I-140 and then returns to the U.S. as an H-1B, L-1 or other type of work status, s/he may be able to file the I-485 adjustment of status while the I-140 is still pending or wait for I-140 approval and then file the I-1485. If in the U.S. the individual also has the option to still process through the consulate after the I-140 is approved. (Generally known as immigrant visa processing.)

So if the person is outside of the U.S., you cannot concurrently file any paperwork and cannot file I-485 adjustment. Must first file I-140 and then go through immigrant visa processing through the consulate.

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com