Green Card through job offer vs. H1B visa

Monkey09

Hi everyone,
I'm currently living in the USA on a 12 month work and travel visa. I have started to look into other options before my current visa expires. I am working in a company and I feel like my employer would be willing to sponsor me for a visa.

I have taken a look as the USCIS website to see what my options are. To be honest, I find the whole thing very confusing but from what I see, I have two paths that might work for me:
1.) A Green card through a job offer or
2.) H1B visa

Which would be the best path to go down? Would a Green Card be more difficult and expensive because it is a permanent visa? I really know very little about the process so I apologise for my lack of information in advance!

silja

For you, greencard would be much better because you could change jobs if you want and there is a path to citizenship.
I thought you needed to be on a work visa for a while until your employer could sponsor you for a greencard though.

Monkey09

silja wrote: »

For you, greencard would be much better because you could change jobs if you want and there is a path to citizenship.
I thought you needed to be on a work visa for a while until your employer could sponsor you for a greencard though.

Thanks for your reply. Would anyone know where there is clear and concise information about the H1B and green card through a job process? - Something that I could provide my employer with?

spideog7

I thought you had to be on a work visa before you start the whole green card process. That would likely be a H1B as its a dual intent visa. Your employer would then petition to transfer you to an e-visa based on your experience and qualifications. Unless you're in a top tier with very high qualifications (PhD etc) or unique skills you will be looking at a 6 year wait, during which time you cannot leave your current employer or your petitin gets cancelled and you go back to the bottom of the list.

Greencard is probably more versatile but I would go H1B as it is quite straightforward to get once you're in on time and it gives you a lot of time to decide what you want to do. You can transfer between employers without a whole new petition but it is obviously not as easy as if you're resident.

lonestargirl

You don't have to be on a work visa before you get sponsored for a green card but it's the route many people go - for two reasons:

1. Some greencard categories are backlogged so the H1b bridges the gap until your application becomes current.
2. Employers are often reluctant to do a greencard upfront as you can walk away at any time, with a work visa you are tied to them.

Lanterrrn

With regard to the H-1B visa, the next time you'll be able to apply for it is April 1st, 2014. If successful, your visa will then go live on October 1st, 2014 (i.e. 6 months later).

tony1980

Sorry for bumping an old thread. My Irish employer has set up an office in Charlotte, N.C. They want to relocate me there by next summer. What are the options for visas? They are looking into it next week but I am just doing a little research myself.

Can they sponsor me for a greencard and fill in a Form I-140, Petition for Alien Worker. I saw the following on the US Website.

Job or Employment Based

People who want to become immigrants based on employment or a job offer may apply for permanent residence or an immigrant visa abroad, when an immigrant visa number becomes available according to the following employment based preferences:

First Preference: Priority Workers, including aliens with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers
Second Preference: Members of professions holding an advanced degree or persons of exceptional ability (including individuals seeking a National Interest Waiver)
Third Preference: Skilled Workers, professionals and other qualified workers[/B]
Fourth Preference: Certain special immigrants including those in religious vocations
Fifth Preference: Employment creation immigrants (investors or entrepreneurs)
For more information on green card eligibility through employment or a job offer, see our Green Card Through a Job page.

I am not sure which of the above apply, but I definitely fall under either the 2nd or 3rd category for this specific job. If so, Can they apply for a greencard? What is the process like and how long would you be talking about for the application to be approved or denied? I have a wife and two children coming with me, would they be part of the Greencard application? I am not sure how it works, the whole thing seems like a minefield at the moment!

Thanks for any help you can give

lonestargirl

How long have you worked for your Irish employer? If greater that 2 years they can apply for a L visa (inter company transfer). They can also apply for a green card, but if you are category 2-3 there may be a time lag before visas become available. Often the 2 processes are done in parallel with the L visa allowing you to be over there next summer and then the green coming through when your petition becomes current. In both cases you spouse and minor children can be included. One advantage of L visas over H1b is that your spouse is entitled to apply for employment authorisation.

spideog7

Here's the latest bulletin from USCIS: http://travel.state.gov/visa/bulletin/bulletin_6062.html

It says that if you're in EB3 status (where the majority of people are) they are currently processing applications from 2010, so it's about a 3 year wait to even get processed, which in itself takes another few months.

If you can get into EB2 status then that will help a lot as that processing time is current, so they're processing applications as they come in.

tony1980

Thanks for the responses. I am with the job 3 years now, so it looks like an L visa is the way to go. When you apply for the greencard, how does immigration decide what category you are in? For first prferences, what are deemed to be priority workers and for the second preference, how to they deem someone to be of exceptional ability?

Edit

Just saw this.

Multinational manager or executive

You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.


If I have been in a management position for over a year, Would I qualify for a first preference position?

Ponster

tony1980 wrote: »

If I have been in a management position for over a year, Would I qualify for a first preference position?

Perhaps. I've seen a L1a visa entry where someone magically gained 2 years of extra experience required for the visa.

The L-1b visa should do the job though.

tony1980

Ponster wrote: »

Perhaps. I've seen a L1a visa entry where someone magically gained 2 years of extra experience required for the visa.

The L-1b visa should do the job though.

We are a small company, my position could be technically classed as a functional manager, I will speak with them about it and maybe they can talk to an Immigration Solicitor and take it from there. Thanks for the help.

crapmanjoe

tony1980 wrote: »

We are a small company, my position could be technically classed as a functional manager, I will speak with them about it and maybe they can talk to an Immigration Solicitor and take it from there. Thanks for the help.

I'm currently on a L1a - which I got 2 1/2 years ago (w with little to no hassle - well according to my company lawyer anyway) and am currently in application process for a GC under EB1c.

My GC has been a very difficult process and the USCIS have issued numerous RFE (I work for a large global big 4 accounting firm) in relating to proving managerial work. From talking to in house legal team they seem to be challenging the managerial capacity - especially if its "functional" capacity alot harder in the last 2 years.

iusedtoknow

I am in L1a and currently getting started with EB1c.

I have not yet had any RFE but I know it's going to come. My company lawyers have everything so hopefully they'll be able to handle it.

A friend of mine is on l1b and applying - there is the 3 year wait so it looks like he'll be switching at the end of 3 years to H1b and then to EB3 when he gets it

It is a maze and a half, but the immigration lawyers know how to go around it and make it so much easier.

tony1980

Does it make a big difference having Permanent Residence when say you decide you would like to buy a property after 2 years if you decide you like the area or would you advise against this until you have your greencard, hopefully?

lil_lisa

There's no difference in terms of taxes and fees when purchasing. As long as you have over 1 year on your visa, the bank should approve it. There might be complications if you leave the country and still own the house. I would advise to ask a broker for more information.