proberts

59 ms·

691.
by proberts 3y ago
It's going to be tough for her to get a work visa on her own doing what she does. A far-fetched option would be an O-1 through her own company or an E-2 through her own company; the former would require evidence of extraordinary abilit
692.
by proberts 3y ago
You can only apply for a reentry permit while in the U.S. so if you wanted to get one, you would need to return to the U.S. and apply and then wait to be fingerprinted or depart and return to be fingerprinted. You then can remain outside w
693.
by proberts 3y ago
That's right, the application is submitted using Form I-131. At a stretch here means a 2 year absence from the U.S. (without traveling back to the U.S.) and 5 year total means you could live abroad for 5 years without losing your gree
694.
by proberts 3y ago
That's it. The TN is a good option but it does require a job offer from/sponsorship by a U.S. company.
695.
by proberts 3y ago
The O-1 standard, while high, is often a viable option and it might be here. The O-1 can support employment with another company (acting as the sponsor) or even with your own company (acting as the sponsor). Many founders are on O-1s.
696.
by proberts 3y ago
Almost certainly a single incident such as this will have no impact on your current status, the renewal process, or a green card application. This will depend in part on the maximum penalty for the offense and the penalty actually received
697.
by proberts 3y ago
Was that directed to me or the larger HN community because I'm always looking for good attorneys to refer work to?
698.
by proberts 3y ago
The easiest option is just to use your OPT to run and build your business after you graduate and then move to O-1 or rely on STEM OPT to continue to run your company or work for another.
699.
by proberts 3y ago
It depends on exactly what you do when here but if it's work, then yes, strictly speaking, you need work authorization. (Years ago, this wasn't true and one could travel to the U.S. as a business visitor to conduct business on a
700.
by proberts 3y ago
Correct. Unless you are super senior within an organization, you must be managing employees now and managing employees in the U.S. to have a chance at an EB1C green card.
701.
by proberts 3y ago
Generally, that's not true. Evaluations must be based on work experience and terminal degree education as opposed to certifications.
702.
by proberts 3y ago
Unfortunately, there's a backlog in that green card category right now so the process would take several years based on current backlogs and processing times. There's no way to speed up the process unless she is experiencing asylu
703.
by proberts 3y ago
The H-1B is subject to a lottery so that's not an option. The L-2 would give you unrestricted work authorization but would depend on your spouse maintaining her L-1 job. The TN is company-specific so you would be tied to the company.
704.
by proberts 3y ago
Yes, very unique and outrageous. I'm sorry you had to go through that. For everyone, when ridiculous things like that happen, some options are to involve your local Congressional office (often issues like this are resolved when a Congr
705.
by proberts 3y ago
You will need to see whether USCIS approved the petition as an extension of status or not. You can't tell that from the email notification. But it's likely that it did because typically if it didn't, the company would have
706.
by proberts 3y ago
Is the E-2 through your own company or another company? And what's your country of citizenship?
707.
by proberts 3y ago
I've recently merged my firm with Ogletree Deakins which has over 150 immigration attorneys and over 500 immigration paralegals and support staff so we're well-staffed now.
708.
by proberts 3y ago
Correct. Hong Kong is the correct country of chargeability so the process, particularly if an NIW-based green card is pursued, would be around two years based on current green card backlogs and processing times. The problem with TN status
709.
by proberts 3y ago
There's a basic common misunderstanding that there's a connection between an individual's underlying nonimmigrant status and his or her green card options. There's no connection. Underlying status has no bearing on gre
710.
by proberts 3y ago
I would recommend looking at the O-1 and the E-2. The EB5 is a green card category that takes a while now and could impact your travel to the U.S. in the interim.
711.
by proberts 3y ago
Just great stuff. Thanks again. I'm taking another break and will be back again soon.
712.
by proberts 3y ago
Good advice. Regarding the EB1A, it's so fact-specific requiring a careful review of the facts that it's hard to respond. All I can say without knowing more is that the standard while high is almost always within reach of those
713.
by proberts 3y ago
I know. It's awful. But if you find an employer who's willing to help, you have plenty of time. And - although not 100% true - in my experience, it's never good to stay in a bad job because of immigration.
714.
by proberts 3y ago
Thanks. It's nice work since we get to work with so many talented and interesting people.
715.
by proberts 3y ago
Not at all.
716.
by proberts 3y ago
You need to be applying to work in one of the NAFTA-listed occupations and have the appropriate qualifications (generally, a related degree). If do, it's generally easy. It's also usually handled by the employer's immigrati
717.
by proberts 3y ago
Agreed. Generally it just makes sense to apply after getting married rather going the fiancée visa route. And expect 12 months or so.
718.
by proberts 3y ago
None. You don't have to use them even you get them.
719.
by proberts 3y ago
If your I-140 has been approved and your I-485 has been pending for at least 6 months and you will be working in a similar occupation, then it should be easy. The wrinkle here - which would require a conversation - is your layoff.
720.
by proberts 3y ago
Most companies cover the GC costs for existing employees.

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