Very unique situation. B1 to EB1a

[aprilized 0]

Hello;

I've been on this forum once before in the past but my situation has changed and I would like some advice.

I have a very unique situation. I am a Canadian living and working in Florida, on a foreign flagged private yacht for the past 4 years. I am on a standard B1 visa. This is how yacht workers get permission to work on foreign yachts in US waters. I have to have my passport stamped every 6 months at most at reentry into the US.

I applied for an EB1a visa (alien with extraordinary ability who DOESN'T need to be sponsored by an employer. It's self sponsored as long as I prove I will be working in the same industry when I get a green card). I applied after being here for 3 years and I never entered the US intending to apply.

I was approved. The lawyer I work with is my boss' lawyer and we've only been having discussions by e-mail. We have a scheduled phone call soon. I feel that I'm not completely understanding my situation. The lawyer has not yet applied for Consular Processing but he wants to do it as fast as possible (which he thinks is the best way to do this) and I just told him that at the moment I have no intention of applying for a GC until I speak with him on Tuesday and figure out my situation.

The main reason I enter the US on a B1 is to work on the yacht; my intent was never to enter the US and apply for a green card until I applied for my EB1a. I had no idea that every time I came and went since I applied for the EB1a (twice), I had to mention at the PoE that I intend to apply for a green card; this was never mentioned to me by the lawyer. At the PoE I arrive with a letter from the yacht (if by plane) and I am stamped with a B1, immigration knowing full well that I am employed by the yacht. When we arrive by boat, the crew goes to the immigration office within a few hours of arriving and we get our passports stamped.

The lawyer stated that it's better to apply at the Consulate in Montreal because then I won't have a situation where I enter the US on a B1 knowing that I'm intending to apply for a GC.

My dilema is that tomorrow I have to leave for the Bahamas for 2 days. I have written an e-mail to the lawyer stating that at this time, I don't intend to apply for a GC until we speak in a few days because I'm confused. So for now, I'm a B1 holder, who has an approved EB1a who is not intending to apply for a GC at this time.

Now the question; If i do it through the Consular, is only my last entry into the US with a B1 (when I return from the Bahamas in a few days) considered knowingly entering the US on a B1 with intent to apply for a GC? I sent him an e-mail stating that I don't intend to apply until I understand my case completely. It's a shame we didn't speak earlier. The thing is, I already entered the country twice in the last year (while my EB1a was being processed) without mentioning the green card because I had no idea I was supposed to do that. That being said the PRIMARY reason I enter the country is for the yacht; a GC would be great but it's not the reason I enter the country.

I have a fear that if I'm denied by GC through the Consular in Montreal (because I already entered twice on a B1 with intent to apply for a GC), I will be out of the US and out of a job. Now, if it's only the LAST time you enter the US (which I will be doing in a couple of days when we return) then seeing as I already made it clear to the lawyer that until I know more about my case, I don't intend to apply for a GC is that safe?

I feel it would be much smarter to stay in the US, immediately apply for an AoS and Advance Parole and then keep traveling with the yacht. Even if I'm asked at my GC interview about traveling into the US on a B1 knowing I applied for the EB1a the fact is: 1) I had no idea that i couldn't enter the US on a B1 while applying for my EB1a and 2) my initial intent was always the yacht. The GC would be great but it's not the reason I'm in the US on a B1.

I hope this isn't too confusing; I know my situation is very unique. I want to be completely honest with immigration when I have my interview and I need to know if it's only your last entry that counts or any entries on a B1 with intent.

Can anyone give me any information? I will be speaking with the lawyer on Tuesday but I really want to know what your opinion would be for the best way to do this. AoS and stay in the US and travel with an Advance Parole or Consular and hope I'll be allowed back into the US. I really feel the former is a better idea.

Thank you all for your help; you guys really seem to understand the intricacies of the system.

Kind regards.

[aprilized 0]

one more thing.. the reason I think that AoS is better in the US is that no matter what, if it counts that I knew I entered twice when my EB1a was processing that I had intent while entering on a B1 what difference does it make if I'm doing it through and AoS or through the Consular? I simply don't see any advantage to doing it from Montreal.

Sorry for the long post...

Thanks again.

[Boiler 45,910]

The last entry is the one that counts. Unlike most EB1 entries a B is not dual intent.

Intrigued as to how you qualified for EB1

[canadian_wife 1,826]

The last entry is the one that counts. Unlike most EB1 entries a B is not dual intent.

Intrigued as to how you qualified for EB1

Agreed, and me too!

good luck