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joepinetree
Apr 5, 2012

theHUNGERian posted:

Hey,

I have BS/MS/PhD (Physics/EE/EE) degrees from the US and I am currently working at a major tech company in the US. I still have 5 years left on my H-1b.

I am thinking of applying for a green card. Is there any benefit to having my bother (a green card holder) sponsor me? (I doubt my company will help with the green card application as I still have so much time left on my H-1b.)

Thanks.

Given your credentials, you could apply for a green card yourself based on what is called a national interest waiver.

See this link:

http://www.uscis.gov/portal/site/us...000b92ca60aRCRD

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joepinetree
Apr 5, 2012

theHUNGERian posted:

Thanks guys.

I'll ask my boss later this year to see if the company could sponsor me (he offered this to me when I was hired but I told him that there is no immediate rush).

I think you should always start a green card process as soon as possible. You may be in no rush, but the system is incredibly slow. I know a teacher of foreign languages where the labor certification process took 4 years because her position required a foreign language. Hell, just so you have an idea of how slow the system can be: I received my green card in 2011, and the other day I received an automated email about my green card process. They had finally gotten around to updating my case history to indicate that the green card had been delivered to me.

joepinetree
Apr 5, 2012

Mr Dog posted:

So, I'm a Russian-born UK citizen, and I've wanted to move to the US since basically forever.

I'm about to receive a Masters degree in Computer Science from a leading British university, and a friend of mine in the US has a small business and wants to hire me as a FTE. He lives out in the sticks, though, so he genuinely cannot find somebody local to do the work for him. H-1Bs for this FY disappeared in a <24 hour feeding frenzy this year, but actually couldn't he just sponsor me for a green card directly? He's already (informally) done a labor cert and come up short in his local area, and I believe that an MSc counts as an "advanced degree" for an employment based visa, and this category doesn't have any associated backlog.

This seems a little too easy, he said he'd ask his lawyer about it but is this actually a viable course of action?

Failing that I could always try riding the H-1B train next year and maybe work for a few years in Canada in the meantime. The only real reason I want to move to the states is that virtually all of my friends live there. I'm not really a native British person and I like the atmosphere in the US far more than I like the one in the UK. Well, that and I'd like to do some sort of tech work other than "write a terrible ASP.NET thing for ten quid an hour" or "prostitute yourself to a bank".

While theoretically it is possible to do a green card straight away, in practice it is not possible because it can take a while to process one. Also, you seem to be misunderstanding a few basics of the process.

You can't "informally" do a labor certification. Labor certification isn't just looking for an American to do the job and failing. It has a number of very specific steps that must be followed, and the process has to be fairly recent when actually applying for it. Labor certification was by far the part of the process that took the longest for me, and that was the most annoying. Very small things can entirely derail the PERM application. There are pretty clear guidelines on what must be done: the ads looking for Americans to fill the position must be posted in a number of places, the requirements must match exactly the guidelines required (in terms of minimum qualifications, salary, etc) and even then the process takes a long time. The first time my wife tried to get her labor certification, she was denied by minor things in the application. Just to give you an example:

- the employer is supposed to post a note advertising about the position in the place of employment itself. This note has to then be submitted with the application. My wife's 1st application was denied because this note did not have the name of the employer written in it, because apparently the company's logo with its name isn't enough, the text has to have it as well.

As for processing times, labor certifications can take anywhere from 3 months to a little over a year.

joepinetree
Apr 5, 2012

Mr Dog posted:

Can I do contract work for him from overseas in the meantime, or is that a no-no? I mean, given the cost involved it's probably not worth his while, I suppose.

Thanks for the responses so far

From the perspective of American immigration authorities, yes you can. It would be no different than working for an American company abroad. The key problem would be around the tax authorities in both countries. I.e., how he would report the contract on his end and whether he needs to register in your country in some way or form. The only way this would affect your immigration process would be if he mistakenly claimed the work was being done in the US.

joepinetree
Apr 5, 2012

RICHUNCLEPENNYBAGS posted:

Can someone refresh my memory? If my wife and I move, we both need to submit forms (her as a K1 immigrant and me as her financial sponsor), right? What are the forms again?

I don't know about you, but she most definitely does. Which form will depend on her status:

http://www.uscis.gov/portal/site/us...00045f3d6a1RCRD

joepinetree
Apr 5, 2012

Powerlurker posted:

Citizens are eligible for certain government jobs that permanent residents can't get, and are more likely to get security clearances. They can vote in elections. They also can't be deported for criminal convictions. They can get a US passport which may allow visa-free travel to more places than one's current passport. On the other hand, they can get called up for jury duty.

There are a few more benefits to being a citizen instead of a permanent resident:

- You can stay abroad for more than 12 months without having to request a re-entry permit, and without the risk of USCIS considering your residency abandoned
- No need to notify USCIS whenever you move
- No need to renew green card every 10 years
- Kids are automatically citizens regardless of where they were born (kids of permanent residents who are born abroad need to meet certain criteria to obtain permanent residency for themselves automatically)
- Permanent residents can only sponsor green cards to spouses and unmarried children. Citizens can sponsor green cards to all of those, plus married children, siblings, and parents (once you reach 21).

joepinetree
Apr 5, 2012

Went to Hell posted:

I’m a foreign national that currently resides in California on a student visa. My studies conclude at the end of this year, and my visa expires six months after that. I’d like to get a job in California when I graduate (I might actually have a job lined up). What kind of paperwork do I need to fill out so I can legally stay and work in the U.S.? Do I want a work permit, a citizenship, a green card, a permanent residency? What’s the difference between them all? Can you point me towards some helpful sources of information on this subject? Can you give me a step-by-step guide on what needs to happen?

If it helps my case at all, let’s assume that I have a prospective employer who is prepared to sponsor my application. Unfortunately, he’s not sure what needs to happen either, so I’m lending a hand by figuring this stuff out for him.

First of all, it doesn't matter when your visa expires. The visa is only relevant for entering the country. Your status here depends on your i-20 (if you have an f1 visa) or ds-2019 (if you have a J1) document and your student status. Once your studies end, you have 60 days to change your status or leave the country, regardless of the validity of your visa.

Second, the best thing to do in your case would be to request an OPT once you get close enough to graduation. OPTs are valid for 12 months (sometimes more depending on field) and allow you to work for that period. Most foreign students do that, because work visas can take a while to process. So your best bet is to get the OPT, then get your employer to request an H1B for you.

joepinetree
Apr 5, 2012

a posting ghost posted:

If you are so educated about the issue yourself and instead of giving evasive non-answers, tell me why those 1.4 million illegal immigrants are not deported when they go to get those drivers licenses. I am not saying they should be, I am just pointing out that illegals (from certain countries) are currently tolerated because it is the only option, and I am still trying to find out where the line is exactly. I am surprised you are an immigration lawyer to be honest. Currently the laws of the united states are being shirked because there is no other choice, they can't handle the scope, much like marijuana possession. Does it really just come down to cheap labor then? I'm asking someone else now, it's clear you've reached the limits of your ability to explain.

Edit - also i showed you were wrong about the rights thing, drivers licenses are a pretttty big right. It turns an undocumented immigrant into a documented one for starters. All they need after that is an SSN..maybe that's next??

Your agenda is visible from the moon, but just to clarify: when states allow undocumented immigrants to obtain a driver's license, they don't first determine that the person is illegal and then give the driver's license anyways. They simply do not require the DMV of the state to verify a person's immigration status on whatever federal database they were using. As such, it has nothing to do with people "from certain countries." And no, having a driver's license does not turn an undocumented immigrant into a documented one, because driver's licenses cannot be used as proof of citizenship.

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joepinetree
Apr 5, 2012
So I got a letter for my interview scheduling it for May 18th. The reason I am concerned is because I have an international trip scheduled for June 24th. So is there anything I can do to get an oath before that date, or, barring that letting them know that I will be out of the country for about 3 weeks starting on June 24th? I know I can still travel with my green card while I wait for the oath, and I know that I can get an expedited passport in case my oath is shortly before my trip, but my concern is getting a notice while I am out of the country.

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