Maro

my friend is going to start a business in the states in the US. he has comp=
anies in China for 10 years already. can he get L visa right away once he o=
pens it?

i came here 3.5 years ago as F1 student. i'm on OPT now till July 2004. if =
he can prove that i work for him when i was studying here to meet the Appli=
cants must have been employed for at least one year within the past three y=
ears prior to the submission of the application of the L1 visa requirement.=
can he sponsor me for L visa right away for i have to wait for a year?=20

if i cant do L visa, can he sponsor me for H visa when the company opens?or=
H visa will be safer for me?

how many years do we need to have before we can apply for green cards?

Sylvia Ottemoeller

"maro" <> wrote in message news:SEJzb.8860$zL1.1913111@news1=
.news.adelphia.net...

my friend is going to start a business in the states in the US. he has co=
mpanies in China for 10 years already. can he get L visa right away once he=
opens it?

i came here 3.5 years ago as F1 student. i'm on OPT now till July 2004. i=
f he can prove that i work for him when i was studying here to meet the App=
licants must have been employed for at least one year within the past three=
years prior to the submission of the application of the L1 visa requiremen=
t. can he sponsor me for L visa right away for i have to wait for a year?=
=20

if i cant do L visa, can he sponsor me for H visa when the company opens?=
or H visa will be safer for me?

how many years do we need to have before we can apply for green cards?

______________


If the friend gets everything structured correctly, he could be eligible =
for L-1 status. Without the assistance of a competent immigration attorney=
, this will be virtually impossible.=20=20

No, you will not be eligible for L-1 status because you have not worked f=
or the company in the foreign country. Don't even **THINK** of trying to p=
retend you did something you didn't do.=20=20

You may be eligible for H-1B status if you have a bachelor's degree or th=
e equivalent, and you are offered a position which requires at least a bach=
elor's degree for adequate performance of the duties.=20=20

The question of eligibility for one of the categories for employment-base=
d immigration has almost nothing to do with how many years you might spend =
in a nonimmigrant category. It has to do with the immigrant categories the=
mselves. See http://www.americanlaw.com/employ.html.=20=20

Maro

yes he will ask an attorney to do it for him. but does the location affect =
the processing time? we heard you have to get in line for processing. also =
once the company formed, can it move when we do the immigration paperwork?

worked for the company in the foreign country <=3D=3D does it mean his Chin=
a company or the company he's going to open in the US?

what if he can show proof that he sponsored me to get my degree in the US o=
r did part time job while i was in the US? will that get me an L visa?

so only L1A visa can apply for green card?
"Sylvia Ottemoeller" <> wrote in message news:bqn=
uq0$562$...

"maro" <> wrote in message news:SEJzb.8860$zL1.1913111@new=
s1.news.adelphia.net...

my friend is going to start a business in the states in the US. he has =
companies in China for 10 years already. can he get L visa right away once =
he opens it?

i came here 3.5 years ago as F1 student. i'm on OPT now till July 2004.=
if he can prove that i work for him when i was studying here to meet the A=
pplicants must have been employed for at least one year within the past thr=
ee years prior to the submission of the application of the L1 visa requirem=
ent. can he sponsor me for L visa right away for i have to wait for a year?=
=20

if i cant do L visa, can he sponsor me for H visa when the company open=
s?or H visa will be safer for me?

how many years do we need to have before we can apply for green cards?

______________


If the friend gets everything structured correctly, he could be eligibl=
e for L-1 status. Without the assistance of a competent immigration attorn=
ey, this will be virtually impossible.=20=20

No, you will not be eligible for L-1 status because you have not worked=
for the company in the foreign country. Don't even **THINK** of trying to=
pretend you did something you didn't do.=20=20

You may be eligible for H-1B status if you have a bachelor's degree or =
the equivalent, and you are offered a position which requires at least a ba=
chelor's degree for adequate performance of the duties.=20=20

The question of eligibility for one of the categories for employment-ba=
sed immigration has almost nothing to do with how many years you might spen=
d in a nonimmigrant category. It has to do with the immigrant categories t=
hemselves. See http://www.americanlaw.com/employ.html.=20=20

Sylvia Ottemoeller

"maro" <> wrote in message
news:KsLzb.8909$...

yes he will ask an attorney to do it for him. but does the location affect
the processing time? we heard you have to get in line for processing. also
once the company formed, can it move when we do the immigration paperwork?
_____________

The location affects the processing time in that different locations have
different usual processing times for different processes. The are different
processing times for the petitions for temporary worker classification
depending on location. There are different processing times for the
petitions for immigrant worker (leading to the green card) for each
location.

For the permanent categories which require labor certification, the labor
certification itself consists of two processes with different processing
times, state and regional.

Not just immigration matters are involved; there are also the processes of
incorporation, etc.

The best person to ask about this would be a very experienced competent
attorney whose practice covers the U.S., like Siskind, for example, or
Latour in Florida. No one in this newsgroup will have all the complex
information needed.

If the company moves, it is not the end of the world, but there will be
inevitable delays. Some delays may be as much as a year or two longer than
they would otherwise be. If the permanent resident process is based on
labor certification, the process will have to be started over again in the
new location, because the employer is showing a lack of qualified workers in
reasonable commuting distance of the employer. A move may cause a 3 or 4
year delay in this kind of case.

_____________


worked for the company in the foreign country <== does it mean his China
company or the company he's going to open in the US?
_____________

It means an existing company in another country, for which the person worked
physically in that other country. How could a person have a previous year's
worth of experience working for a company that does not yet exist?

_____________


what if he can show proof that he sponsored me to get my degree in the US or
did part time job while i was in the US? will that get me an L visa?

_____________


Sounds like a bunch of clearly fraudulent nonsense to me. This is what I
was warning you about.

_____________

so only L1A visa can apply for green card?
_____________

Did you read the web page I sent? There are several categories of
nonimmigrant status which will allow a person to work. There are several
categories for employment-based immigration. The temporary and permanent
categories are completely and entirely separate from one another.

The immigration attorney will figure what the best nonimmigrant (temporary)
category is to get you permission to work fairly quickly. The attorney will
also figure out what the best immigrant (permanent) category is to allow you
to stay in the U.S. indefinitely. These are always different kinds of
applications with different kinds of problems.

A person in H-1B ("specialty occupation") status might also qualify for the
EB3 permanent category, professional with a labor cert. A person in L-1B
("intracompany transferree") status might also qualify for the EB2 category,
advanced degree holder with a labor cert. A person in O-1 ("extraordinary
ability") status might qualify for the EB2 category under national interest
waiver.

The fact that the L-1A category has a *similar* basis for eligibility as the
EB 13 permanent resident category is nice, but it does not mean that "only
L1A category can apply for green card"!!

_____________


"Sylvia Ottemoeller" <> wrote in message
news:bqnuq0$562$...

"maro" <> wrote in message
news:SEJzb.8860$...

my friend is going to start a business in the states in the US. he has
companies in China for 10 years already. can he get L visa right away once
he opens it?

i came here 3.5 years ago as F1 student. i'm on OPT now till July 2004. if
he can prove that i work for him when i was studying here to meet the
Applicants must have been employed for at least one year within the past
three years prior to the submission of the application of the L1 visa
requirement. can he sponsor me for L visa right away for i have to wait for
a year?

if i cant do L visa, can he sponsor me for H visa when the company opens?or
H visa will be safer for me?

how many years do we need to have before we can apply for green cards?

______________


If the friend gets everything structured correctly, he could be eligible for
L-1 status. Without the assistance of a competent immigration attorney,
this will be virtually impossible.

No, you will not be eligible for L-1 status because you have not worked for
the company in the foreign country. Don't even **THINK** of trying to
pretend you did something you didn't do.

You may be eligible for H-1B status if you have a bachelor's degree or the
equivalent, and you are offered a position which requires at least a
bachelor's degree for adequate performance of the duties.

The question of eligibility for one of the categories for employment-based
immigration has almost nothing to do with how many years you might spend in
a nonimmigrant category. It has to do with the immigrant categories
themselves. See http://www.americanlaw.com/employ.html.

Maro

first thanks very much for all the information. yes i read the page.

EB1
"A multinational manager or executive is eligible for priority worker status
if he or she has been employed outside the U.S. in the three years preceding
the petition for at least one year by a firm or corporation and seeks to
enter the U.S to continue service to that firm or organization."

it would be nice to fall in EB1 cat.

i noticed there're only 4 service centers. so does that mean the processing
time only differs by the service center? or they still break it into
different states and areas?

also what would be your suggestion to ask for an attorney? a local law firm
where he'll start business at or an experienced one that just from anywhere
in the states?

thanks agin.



"Sylvia Ottemoeller" <> wrote in message
news:bqo3j0$7g6$...
    > "maro" <> wrote in message
    > news:KsLzb.8909$...
    > yes he will ask an attorney to do it for him. but does the location affect
    > the processing time? we heard you have to get in line for processing. also
    > once the company formed, can it move when we do the immigration paperwork?
    > _____________
    > The location affects the processing time in that different locations have
    > different usual processing times for different processes. The are
different
    > processing times for the petitions for temporary worker classification
    > depending on location. There are different processing times for the
    > petitions for immigrant worker (leading to the green card) for each
    > location.
    > For the permanent categories which require labor certification, the labor
    > certification itself consists of two processes with different processing
    > times, state and regional.
    > Not just immigration matters are involved; there are also the processes of
    > incorporation, etc.
    > The best person to ask about this would be a very experienced competent
    > attorney whose practice covers the U.S., like Siskind, for example, or
    > Latour in Florida. No one in this newsgroup will have all the complex
    > information needed.
    > If the company moves, it is not the end of the world, but there will be
    > inevitable delays. Some delays may be as much as a year or two longer
than
    > they would otherwise be. If the permanent resident process is based on
    > labor certification, the process will have to be started over again in the
    > new location, because the employer is showing a lack of qualified workers
in
    > reasonable commuting distance of the employer. A move may cause a 3 or 4
    > year delay in this kind of case.
    > _____________
    > worked for the company in the foreign country <== does it mean his China
    > company or the company he's going to open in the US?
    > _____________
    > It means an existing company in another country, for which the person
worked
    > physically in that other country. How could a person have a previous
year's
    > worth of experience working for a company that does not yet exist?
    > _____________
    > what if he can show proof that he sponsored me to get my degree in the US
or
    > did part time job while i was in the US? will that get me an L visa?
    > _____________
    > Sounds like a bunch of clearly fraudulent nonsense to me. This is what I
    > was warning you about.
    > _____________
    > so only L1A visa can apply for green card?
    > _____________
    > Did you read the web page I sent? There are several categories of
    > nonimmigrant status which will allow a person to work. There are several
    > categories for employment-based immigration. The temporary and permanent
    > categories are completely and entirely separate from one another.
    > The immigration attorney will figure what the best nonimmigrant
(temporary)
    > category is to get you permission to work fairly quickly. The attorney
will
    > also figure out what the best immigrant (permanent) category is to allow
you
    > to stay in the U.S. indefinitely. These are always different kinds of
    > applications with different kinds of problems.
    > A person in H-1B ("specialty occupation") status might also qualify for
the
    > EB3 permanent category, professional with a labor cert. A person in L-1B
    > ("intracompany transferree") status might also qualify for the EB2
category,
    > advanced degree holder with a labor cert. A person in O-1 ("extraordinary
    > ability") status might qualify for the EB2 category under national
interest
    > waiver.
    > The fact that the L-1A category has a *similar* basis for eligibility as
the
    > EB 13 permanent resident category is nice, but it does not mean that "only
    > L1A category can apply for green card"!!
    > _____________
    > "Sylvia Ottemoeller" <> wrote in message
    > news:bqnuq0$562$...
    > "maro" <> wrote in message
    > news:SEJzb.8860$...
    > my friend is going to start a business in the states in the US. he has
    > companies in China for 10 years already. can he get L visa right away once
    > he opens it?
    > i came here 3.5 years ago as F1 student. i'm on OPT now till July 2004. if
    > he can prove that i work for him when i was studying here to meet the
    > Applicants must have been employed for at least one year within the past
    > three years prior to the submission of the application of the L1 visa
    > requirement. can he sponsor me for L visa right away for i have to wait
for
    > a year?
    > if i cant do L visa, can he sponsor me for H visa when the company
opens?or
    > H visa will be safer for me?
    > how many years do we need to have before we can apply for green cards?
    > ______________
    > If the friend gets everything structured correctly, he could be eligible
for
    > L-1 status. Without the assistance of a competent immigration attorney,
    > this will be virtually impossible.
    > No, you will not be eligible for L-1 status because you have not worked
for
    > the company in the foreign country. Don't even **THINK** of trying to
    > pretend you did something you didn't do.
    > You may be eligible for H-1B status if you have a bachelor's degree or the
    > equivalent, and you are offered a position which requires at least a
    > bachelor's degree for adequate performance of the duties.
    > The question of eligibility for one of the categories for employment-based
    > immigration has almost nothing to do with how many years you might spend
in
    > a nonimmigrant category. It has to do with the immigrant categories
    > themselves. See http://www.americanlaw.com/employ.html.

Smfleming

like I said..I'd recommend Connecticut or NY...very fast processing.

Ivonne

Maro,



you can not get an L-visa.



in order to be eligible for this you must have worked for this company
ABROAD (for a parent, sister or otherwise affiliated company) for 1 year
out of the past 3 years.

Supernav

    >for 1 year out of the past 3 years.



C'mon. you and i both know applicants always find a way "around" that
if you know what I mean.



-= nav =-

Maro

hahaha i was going to 'try' that but is it kinda risky? or a good attorny
will go around that?


"supernav" <member16283@british_expats.com> wrote in message
news:...
    > >for 1 year out of the past 3 years.
    > C'mon. you and i both know applicants always find a way "around" that
    > if you know what I mean.
    > -= nav =-
    > --
    > Posted via http://britishexpats.com