info please

[anniemm]

Hi all

As some of you may be aware, i found this Forum whilst doing some investigating into the E2 visa, i joined hoping to find some useful info, and boy did i find some....
Anyway, we are still doing our investigating and my sister is looking at the possiblity of a work sponsored Visa for her hubby, and would appreciate if anyone can answer the following questions.

Does the aging out Law still apply on this Visa?
Can you apply for a green card?
Can you change your job, or buy a business after an X amount of time or are you tied.

Lastly, any of you with expereience believe this is a safer/better option than the E2 visa

Thanks

[Kriz1]

Are you talking about a H1B....?
If so kids do still age out....you can get a greencard but it does not always happen...once you have your greencard you can do what you like...

[mandybenn]

Hi

I have just dicussed our application on another thread. We have a similar situation in that our son is 19yrs and we can only apply for an L1 to hopefully prevent him 'ageing out'. The reason we opted for the L1 is that as soon as we have had 1 renewal, we can begin an application for a 'Green Card'. As soon as the Green Card application has begun he can stay, as long as we have begun the process before he is 21yrs. If we have to go H1b which is a possibility, then he will need to apply for a student visa and all the fees will need to be paid by ourselves. Our Lawyer has explained all the visa options to us and although L1 isn't easy, it is both the least costly and the best option when you have a child near 21yrs.

We originally wanted to go the E2 route, however you cannot apply for a 'Green Card', retire or protect your children from ageing out. I am not sure whether people are aware (outside this forum) that the E2 is a continuous renewal process. I wouldn't even consider an E2 after reading all the comments on this forum. It seems that the goal posts continue to change with no concern for the families behind the paperwork.

Good Luck!

Mandy

Mandy

[chris]

Mandy,
Whilst I'm an E2'r, I am sure there will be an L'r along shortly, but by all accounts, the State Dept and USCIS are giving the L visa's a good grilling because of the conversion ability.
It sounds like you have gone through most things thoroughly and you have a VA/VC who knows their stuff. Don't always assume they are the experts they profess though and it's always good experience to build up your own knowledge to keep on par with them.
The E visa is a bit of a crock for families, the kids have slim pickins as they say here at 21. My eldest is still a tender 11, but we have alreday been looking at future options, especially as there are penalties for the kids by way of course costs if they have been out of the UK more than 3 years prior to the course (the UK regards them as foreign students would you believe!)
Isn't it great to be british?

[mandybenn]

Hi Chris

I think your situation stinks!! I wouldn't give up hope though. Our Lawyer has already said that out of 100% she has to appeal 20% and so far her decline rate is only 5%. She also writes books on the subject and says that although visa application has been very difficult and still is to a point, someone new has taken over power (apparently) and we should see an improvement in the future. I suppose we can all hope.

I wish you all the best, please keep going.

Mandy

[Susie]

Hi all

As some of you may be aware, i found this Forum whilst doing some investigating into the E2 visa, i joined hoping to find some useful info, and boy did i find some....
Anyway, we are still doing our investigating and my sister is looking at the possiblity of a work sponsored Visa for her hubby, and would appreciate if anyone can answer the following questions.

Does the aging out Law still apply on this Visa?
Can you apply for a green card?
Can you change your job, or buy a business after an X amount of time or are you tied.

Lastly, any of you with expereience believe this is a safer/better option than the E2 visa

Thanks


Hi Ref Job offer

Answers

Yes , can still age out

Yes, employer can apply for green card for the employee, the worker cannot do it on his own

No, the H1b goes with the job


If he gets job offer today, all visa numbers are taken for this year, So lets assume the employer will wait.

In April the paperwork can be filed to sponser worker for an Oct 2007 start date

The employer may have to prove that No USC or LPR could be found for the vacancy

Has he got a special skill that is in short supply and high demand? Or has he degree or Masters degree?

If not, then he would have hard time to get job offer

[anniemm]

Hi

Thanks for all replies.
Forgive me for my ignorance here, while i voice a couple of my thoughts....
with regards to Aging out, can the children seek employment and get the company to sponsor them? or can they buy their own business on an E2 and start the process all over again for themselves:rolleyes:
Plus, what is the official way for the children to stay? or isnt there one..

This is something my sister needs to look into as her children are only 14 & 15.

My children are 23 and 28, my son wants to come over once he finishes his footballing career, plus if he gets a coaching badge I think he may be able to look into using that as a way in?
My daughter is a Dental nurse and currently she's not sure whether she wants to make the move, but again i think she may be able to get a sponser?.
What do you all think

Thanks again

[Kriz1]

When we came over kids or wife/husband could not work or look for work till greencards are approved ......it drove my daughter insane being home for 2 years....not sure if you could buy them a business while they still live here...

You would have to work fast to find a job offer and get a visa if the kids are 14/15...my daughter was 18 and nearly aged out...if the company had not started the greencard in the first month she would of...your kids would have to be on the safe side of 16 to be sure of not aging out...it could take a year to get a visa...2 years or more for the company to start your greencard....if they ever do in this day and age...and around 3 years for you to be approved...
Remember also that if the job is lost you have 10 days to leave the country....
Until you get your greencards your life is a full time worry with a job...even after you get your card you can lose everything in a month or so if you lose your job...
If you can keep 6 months money in the bank at all times....more if you can...

[anniemm]

Thanks Kris

So if kids are working for a company and they turn 21, and do not have a greencard, do they have to leave?

sorry what do you mean by [I]"even after you get your card you can lose everything in a month or so if you lose your job"
Lose everthing? do you mean money wise or LPR status.
Thanks again



Are yousaying
When we came over kids or wife/husband could not work or look for work till greencards are approved ......it drove my daughter insane being home for 2 years....not sure if you could buy them a business while they still live here...

You would have to work fast to find a job offer and get a visa if the kids are 14/15...my daughter was 18 and nearly aged out...if the company had not started the greencard in the first month she would of...your kids would have to be on the safe side of 16 to be sure of not aging out...it could take a year to get a visa...2 years or more for the company to start your greencard....if they ever do in this day and age...and around 3 years for you to be approved...
Remember also that if the job is lost you have 10 days to leave the country....
Until you get your greencards your life is a full time worry with a job...even after you get your card you can lose everything in a month or so if you lose your job...
If you can keep 6 months money in the bank at all times....more if you can...

[Kriz1]

Kids can't work if they don't have greencards...if they do get them before 21 then they are OK...

Money wise you could lose everything...greencard or not...I'm watching this happen to a a few people for the second time in 4 years...all Americans...one family will lose their new home of 6 weeks if they can't get work soon...and there are no jobs for miles...you really need a lot of back up money...
If you want seeing as I've done this you could phone me to have a chat...its easier that way...I could DM you my phone number...

[anniemm]

Kids can't work if they don't have greencards...if they do get them before 21 then they are OK...

Money wise you could lose everything...greencard or not...I'm watching this happen to a a few people for the second time in 4 years...all Americans...one family will lose their new home of 6 weeks if they can't get work soon...and there are no jobs for miles...you really need a lot of back up money...
If you want seeing as I've done this you could phone me to have a chat...its easier that way...I could DM you my phone number...

Thanks Kriss, that will be good

[tiktak]

Hi All
Just watch out for the time it takes to get the L1, its just taken a freind 6 years to get the green card from the L1 route, once you apply for the green card it takes a very long time for approved letter then a even longer time for the card to be issued, not to mention a number of meetings with Immigration officers, YOU HAVE TO BE ON THE BALL !! You will be in a grey area between application for card and getting it, ie travel papers to leave the US.
Also it is going to be very close 21 by the time you get any where with the Green card.
TIKTAK

[Susie]

Hi

Thanks for all replies.
Forgive me for my ignorance here, while i voice a couple of my thoughts....
with regards to Aging out, can the children seek employment and get the company to sponsor them? or can they buy their own business on an E2 and start the process all over again for themselves:rolleyes:
Plus, what is the official way for the children to stay? or isnt there one..

This is something my sister needs to look into as her children are only 14 & 15.

My children are 23 and 28, my son wants to come over once he finishes his footballing career, plus if he gets a coaching badge I think he may be able to look into using that as a way in?
My daughter is a Dental nurse and currently she's not sure whether she wants to make the move, but again i think she may be able to get a sponser?.
What do you all think

Thanks again

Hi

With reference to job offer for husband, This can lead to green card providing the employ will sponser

The time frame does not have to take years and years, Lets say he gets job offer and gets H1B, with an Oct 2007 start date,

After a suitable time the employer could file I 140 for him, once approved this is the go ahead for green card,

From start to having green card, could be anywhere from 3 to 7 years at present

[Susie]

Hi

Thanks for all replies.
Forgive me for my ignorance here, while i voice a couple of my thoughts....
with regards to Aging out, can the children seek employment and get the company to sponsor them? or can they buy their own business on an E2 and start the process all over again for themselves:rolleyes:
Plus, what is the official way for the children to stay? or isnt there one..

This is something my sister needs to look into as her children are only 14 & 15.

My children are 23 and 28, my son wants to come over once he finishes his footballing career, plus if he gets a coaching badge I think he may be able to look into using that as a way in?
My daughter is a Dental nurse and currently she's not sure whether she wants to make the move, but again i think she may be able to get a sponser?.
What do you all think

Thanks again


Hi Annie,

Does your son play for a good team?

Not relevant, just being nosey

Your son should do some research on an O visa, think he will be OK the other child does not much change of job offer, unless she has degree or skill in high demand and short supply so buy a biz maybe the best way to go