lost_in_migration
09-12-2011, 06:30 PM
Question: How to get spouse in US w/o an immigration law-change?
Background:
1) I'm on EAD and have my own company (C-corp)
2) PD is Aug 2005 and category is EB3I :mad:
3) Got married in Aug 2011 in India and returned back on AP. So status is Parolee.
4) I'm on a long term contract for last 3.5 yrs and will continue to go on.
Possible/Probable Options:
1) Visitor visa & F1 will be very difficult to get as her spouse (i.e. me) is in US.
2) H1 for her won't be feasible from a payroll point of view even if rest of the H1 nightmare goes well. And from a legal view point
this won't be the right thing to do.
3) Port to EB2 by filing GC from my own company (For this I have to transfer ownership of my company to somebody else but I have someone whom I can trust so that's not an issue but not sure how DoL and USCIS will react to all this). On getting GC do a "follow-to-join"(i.e. another 4-5 months).
4) Port to EB2 by filing GC from some other company (Just hate this option as I have to take full time with another company and have to lose control that I currently have on my own destiny. Previous employer gave hard time). On getting GC go for follow-to-join.
5) File H1 from my own company. That will need a. change of company owner (not sure if self-sponsoring of H1 that we have been hearing recently will work.) b. going thro' H1 process c. going to Canada for stamping (heard this is better than COS.) d. Wife has to go for H4 stamping (221g :eek:)
6) File H1 from other company. Indentured servitude again :( and above steps apply
7) Combination of 3 & 5.
8) Combination of 4 & 6.
9) Work from India. Yeah that is an option but don't how long the client will tolerate it.
Client is a really nice person(like all my previous clients were) so hate to ask repeated
favors from him. Also I have to work from Client certified location for security purpose.
In my case it is Vendor's offshore development center in Bangalore which is far from my home town.
======================================
I think/hope option 3 along with 9 (for "follow-to-join" period) maybe workable but not very sure.
Lawyers and Non-Lawyer Gurus please advise. If anybody has personally dealt with a similar situation, please share your experience.
Background:
1) I'm on EAD and have my own company (C-corp)
2) PD is Aug 2005 and category is EB3I :mad:
3) Got married in Aug 2011 in India and returned back on AP. So status is Parolee.
4) I'm on a long term contract for last 3.5 yrs and will continue to go on.
Possible/Probable Options:
1) Visitor visa & F1 will be very difficult to get as her spouse (i.e. me) is in US.
2) H1 for her won't be feasible from a payroll point of view even if rest of the H1 nightmare goes well. And from a legal view point
this won't be the right thing to do.
3) Port to EB2 by filing GC from my own company (For this I have to transfer ownership of my company to somebody else but I have someone whom I can trust so that's not an issue but not sure how DoL and USCIS will react to all this). On getting GC do a "follow-to-join"(i.e. another 4-5 months).
4) Port to EB2 by filing GC from some other company (Just hate this option as I have to take full time with another company and have to lose control that I currently have on my own destiny. Previous employer gave hard time). On getting GC go for follow-to-join.
5) File H1 from my own company. That will need a. change of company owner (not sure if self-sponsoring of H1 that we have been hearing recently will work.) b. going thro' H1 process c. going to Canada for stamping (heard this is better than COS.) d. Wife has to go for H4 stamping (221g :eek:)
6) File H1 from other company. Indentured servitude again :( and above steps apply
7) Combination of 3 & 5.
8) Combination of 4 & 6.
9) Work from India. Yeah that is an option but don't how long the client will tolerate it.
Client is a really nice person(like all my previous clients were) so hate to ask repeated
favors from him. Also I have to work from Client certified location for security purpose.
In my case it is Vendor's offshore development center in Bangalore which is far from my home town.
======================================
I think/hope option 3 along with 9 (for "follow-to-join" period) maybe workable but not very sure.
Lawyers and Non-Lawyer Gurus please advise. If anybody has personally dealt with a similar situation, please share your experience.