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Is it possible for a US company to petition for a green card for an employee living abroad?

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Filed: Timeline

I posted here before but some background;

We are a family of 2 adults and 2 children. I am a British citizen and my husband has several passports including Dutch and Brazilian but grew up in Israel. We are currently living in London, UK.

He has been working for an American company that has a London office since February and has now passed his probationary period and is a permanent member of staff. The headquarters are in the US (New York).

Is it possible for his company to petition for a green card for him whilst he is still living in London, even if it takes several years?

I ask because we would prefer to move to the US with as much stability as possible and from what I understand,only the green card gives stability/some security and you could be kicked out even if you have been living there for many years if you are not a permanent resident.

Please advise.

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I posted here before but some background;

We are a family of 2 adults and 2 children. I am a British citizen and my husband has several passports including Dutch and Brazilian but grew up in Israel. We are currently living in London, UK.

He has been working for an American company that has a London office since February and has now passed his probationary period and is a permanent member of staff. The headquarters are in the US (New York).

Is it possible for his company to petition for a green card for him whilst he is still living in London, even if it takes several years?

I ask because we would prefer to move to the US with as much stability as possible and from what I understand,only the green card gives stability/some security and you could be kicked out even if you have been living there for many years if you are not a permanent resident.

Please advise.

Apparently, yes you can, depending on his position and qualifications. It's easier once he's been working for more than a year for his current employer.

http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=daa2a6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=daa2a6c515083210VgnVCM100000082ca60aRCRD

The USCIS website is confusing, but it looks like this is consular processing for some type of EB (employment-based) immigrant visa.

http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=cdfd2f8b69583210VgnVCM100000082ca60aRCRD&vgnextchannel=cdfd2f8b69583210VgnVCM100000082ca60aRCRD

Edited by Owen_London
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Filed: K-1 Visa Country: Wales
Timeline

Yes

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (pnd) Country: China
Timeline

They absolutely can, though many would send him over on an L-1 first and adjust him to a green card later.

07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

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Filed: Citizen (apr) Country: Ireland
Timeline

They absolutely can, though many would send him over on an L-1 first and adjust him to a green card later.

This.

Yes, it is possible but it isn't really efficient for the company, so very few could be persuaded.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Has anyone got a green card this way? How long did it take? If we were to move over to the US on a L-1 visa how soon could we start the green card process?

All depends how bad the company needs him. How soon to get the process started would be something your husband would have to negotiate in his contract with the company. Could be 1-2 years or it could be 5-7 years down to road if at all. Some companies never do green card for L-1 visa employees and the same is clearly communicated to the employee.

ROC 2009
Naturalization 2010

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Has anyone got a green card this way? How long did it take? If we were to move over to the US on a L-1 visa how soon could we start the green card process?

Every company has their own policy about when to file or even if to file for GC on L1, you might want to check with your company.

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Filed: K-1 Visa Country: Wales
Timeline

Which EB category would you be in?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Poland
Timeline

Has anyone got a green card this way? How long did it take? If we were to move over to the US on a L-1 visa how soon could we start the green card process?

At anytime - since they can also start start it without even doing L-1. Question is why would day do it so soon after just spending money on L-1...

Talk to your company and remember you need work there for at least a year to be eligible for L-1.

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Really depends upon your networking skills and how much your company is willing to trust you and keep you. Not hard to do if you have skills the company and the US needs. Frankly, GC via employment is expensive($15,000 vs the $1500 that AOS via marriage costs). Also once you get your GC you are only obligated to work for them for a small amount of time and then you are home free and companies hate that.

Also depending on company politics, federal politics and your own charm, you can either have your GC started the day you land, or never.

You are asking for certainty in a country that thrives on uncertainty. Good luck with that.

Edited by Morningmist
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Filed: Citizen (pnd) Country: China
Timeline

Has anyone got a green card this way? How long did it take? If we were to move over to the US on a L-1 visa how soon could we start the green card process?

The problem is that you can't start the green card process, only your employer can.

07/14/2012: Eloped in Texas Hill Country
08/11/2012: Mailed I-130, I-485, and I-765 to Chicago Lockbox
08/13/2012: Package received by Chicago Lockbox
08/14/2012: Priority Date
08/17/2012: Notice of receipt sent
08/21/2012: Biometrics appointment notice sent
08/27/2012: Walk-in biometrics completed
09/19/2012: Interview scheduled for October 26
10/24/2012: EAD production ordered
10/26/2012: Interview in San Antonio. AOS approved!
11/5/2012: USCIS claims green card delivered, nothing in mailbox.
12/5/2012: Service request filed for non-delivered green card.
12/7/2012: Service request replied to (but not delivered).
1/4/2013: Filed I-90, paid another $450
1/24/2013: Biometrics again...
4/1/2013: First Green Card from November finally arrived...

4/22/2013: Replacement Green Card arrived.

8/9/2014: Filed I-751

8/14/2014: Received NOA for I-751

3/12/2015: ROC Approved!

7/18/2016: Sent in N-400 to Texas lockbox

7/21/2016: N-400 delivered

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