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  #1 (permalink)  
Old 01-22-2009, 03:56 PM
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danonline2110 is on a distinguished road
Question L1 --> Green Card via Company or American daughter (baby)?

Hello,

I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.

I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)

They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).

I want to be prepared for that scenario with assistance of experts to know where I could go from there.

2 Alternatives as I see:

1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?

I would appreciate any expertise on that matter.

Thanks!
Daniel
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  #2 (permalink)  
Old 01-22-2009, 04:22 PM
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Default she

Quote:
Originally Posted by danonline2110 View Post
Hello,


2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?




Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
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  #3 (permalink)  
Old 01-22-2009, 04:32 PM
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Default Reply

1) Only the company for you are working right now with L1 VISA can apply for your green card. You should be able to get green card in 2-3 years if everything goes fine.

2) Your daughter can sponsor your green card when she is 21 years old. You cannot change job on L1. In order to change job, you have to find an employer who can sponsor H1B for you. H1b is another type of work visa.
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  #4 (permalink)  
Old 01-22-2009, 04:39 PM
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Default

Quote:
Originally Posted by danonline2110 View Post
Hello,

2 Alternatives as I see:

1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?

If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

Here is what Bill Gates said last year testifying to the congress -

"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

Source: http://www.microsoft.com/Presspass/e...-07Senate.mspx

Welcome to the club buddy, we are going to be in these forums to long many years.
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- One Great man to another, 1814
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  #5 (permalink)  
Old 02-07-2009, 01:02 AM
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pwilliams960 is on a distinguished road
Default

The foreign-born spouse should submit an application for adjustment of status which is an application for a green card. Items which may accompany the green card application include green card photographs, an application for employment authorization, an application for a travel permit and numerous other INS forms.
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  #6 (permalink)  
Old 02-07-2009, 01:34 AM
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Default You missed an important point

Quote:
Originally Posted by sanju View Post
If you apply in EB2 through your employer, you will be stuck with the same employer till the I-485 stage, that is when you will get EAD card, which would allow you to change employer under AC21 rule, but your new jobs must have the same job description.

The second option is more appealing, to wait till your US born child is 21 years, and then your child can apply for you in family based.

Either way it will take the same time :-), if you apply in Eb2 category now, it will take 20-25 years for your green card. If you wait for your daughter to get 21 years, then also it will take the same time.

Here is what Bill Gates said last year testifying to the congress -

"And so if you talk to a student who's in school today, going to graduate in June, they're seeing that they cannot apply until they get their degree, and by the time they get their degree, all those visas are gone. If somebody is here on an H1-B, if you're from India, say, with a bachelor's degree, the current backlog would have you wait decades before you could get a green card, and during that time your family can't work, there are limits in terms of how you can change your job. There was one calculation done that the fastest way you'd get a green card is to have a child who becomes a United States citizen, and then your child sponsors you to become a U.S. citizen, and that's because there's more than 21 years in some of these backlogs."

Source: http://www.microsoft.com/Presspass/e...-07Senate.mspx

Welcome to the club buddy, we are going to be in these forums to long many years.
Sanju,

I think you missed Danonline on a very important point; his French citizenship. I assume he is ROW and hope he isn't born in visa retrogressed countries.

I think Dan should be fine in getting his PR in couple of years and NOT 20-25 years as you mentioned earlier.
__________________
Arrived in the USA on H1B in April 2005: Company A; Labor Filed - EB2, July 07 | I-140 approved July 2008
Change of Employer to Company B in Oct 2007: Labor Filed - EB3, Sept 08 | I-140 approved June 2009

Finally moved to Canada at the end of June, 2012
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  #7 (permalink)  
Old 02-07-2009, 01:44 AM
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Default Employment based GC for ROW EB-2 is the best bet

The immigrant visa dates for EB-2 ROW (France is part of ROW - Rest Of the World) are current. That means if you convince your company to apply for a EB-2 GC, it could be approved quickly, probably within a year or two. Just for comparision, EB-2 dates for India are in Early 2004 (that is a five year wait). It makes sense to go with EB-2 employment GC. I am an India and the wait for us is the longest across the board. In the current economic scenario, it might be prudent to wait a bit before starting your employment GC. It is best to follow your attorney/firms advice on the timing.

I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
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  #8 (permalink)  
Old 02-07-2009, 01:51 AM
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Default

Quote:
Originally Posted by pwilliams960 View Post
The foreign-born spouse should submit an application for adjustment of status which is an application for a green card. Items which may accompany the green card application include green card photographs, an application for employment authorization, an application for a travel permit and numerous other INS forms.
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