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danb1978

Can family business sponsor me?

By danb1978 in Work Visas

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danb1978 Contributor

danb1978   15

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I am currently looking into my best options to live and work in the USA. I have applied firstly to be sponsored by my father who is a US citizen (I am over 21). I have recently found out that the priority date for this is June 2007 so it will take around 8 years to get my visa in total. My plan eventually was to move over and at some point join my fathers business over and help him run it. His business turns over, over $500,000 a year and he currently runs it on his own. As time goes on he wants to run it as a family business and would like me to join him in running it. Would he be able to sponsor me as an employer rather than as a relation? As far as i can make out, employment based visas are granted quicker than family based ones. Are there certain criteria he would need to meet? Has anyone had any experience in this area? Any help would be fantastic.

Thanks in advance.

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danb1978 Contributor

danb1978   15

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What is the business? Do you have at least a bachelor's degree? If not, it's not likely an hb1 visa qualified position. We need more information.

Hi, thanks for getting back to me.

The business is an online kitchenware store. Specialist imported kitchenware from Europe through his own website and also through Amazon. I have no bachelors degree i'm afraid, i have 16 years experience in Sales and Management in the UK.

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canadian_wife Grand Master

canadian_wife   1,822

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If it is an online store, forgive me, but why do you have to be in the US?

Plus, a lack of a bachelor's degree will make it difficult

good luck

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danb1978 Contributor

danb1978   15

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If it is an online store, forgive me, but why do you have to be in the US?

Plus, a lack of a bachelor's degree will make it difficult

good luck

Being in the UK would only give me access to update the website, I wouldn't be able to do any of the day to day running of the buying, selling and delivering of the items we would be selling.

Would work experience go towards the need for a bachelors degree in any way? As i say, i have 16 years in Sales and Management.

Would i be classed as EB-3?

Where would you suggest to contact to discuss this? Is there somewhere in the USA that my father can contact to find out if he could sponsor?

Sorry to ask so many questions, any help is greatly appreciated.

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Transborderwife Veteran

Transborderwife   4,666

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To qualify for an EB3 Green Card, the applicant must have a permanent, full time job offer from a US employer for which qualified workers are not available in the United States.

Chances are slim that he couldn't find an American to do the job. Also the wait would be similar to a family based visa.

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Boiler Grand Master

Boiler   45,467

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Where would you suggest to contact to discuss this? Is there somewhere in the USA that my father can contact to find out if he could sponsor?

Sorry to ask so many questions, any help is greatly appreciated.

He should discuss the options with the Company Immigration Lawyer.

“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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danb1978 Contributor

danb1978   15

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I've been delving deeper into the employment visa option. It seems the most appropriate visa would be the hb-1 temporary visa. So am I correct that the temporary visa would last for 6 years and could also be extended? Could it be possible that I could go on this visa until my Priority Date comes through on the Family Sponsored visa? Also a few websites seem to suggest that 10 years experience in a specific field (I currently have 16 years in Sales and Management) would be the equivalent to a degree. Any help?

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Boiler Grand Master

Boiler   45,467

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He should discuss the options with the Company Immigration Lawyer.

H1b

Application has to be in by 1st April.

“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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danb1978 Contributor

danb1978   15

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H1b

Application has to be in by 1st April.

I found this online....

"Cap numbers are often used up very quickly, so it is important to plan in advance if you will be filing for an H-1B visa that is subject to the annual H-1B numerical cap. The U.S. government’s fiscal year starts on Oct. 1. H-1B petitions can be filed up to 6 months before the start date, which is generally April 1 for an October 1 start date."

So for next year is that saying that i need to file it on or just after April 1 for consideration on October 1 2015? I suppose the nearer to April 1 the better?

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Boiler Grand Master

Boiler   45,467

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You do not file. Employer does. Well Lawyer.

Usually it is a lottery so Lawyers have them ready to go on the day.

“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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danb1978 Contributor

danb1978   15

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You do not file. Employer does. Well Lawyer.

Usually it is a lottery so Lawyers have them ready to go on the day.

Ok, interesting.

Any idea if applying for an employment visa would have any negative effect on my family visa application? Can I leave the family sponsored visa in progress if somehow i sucessfully got the hb-1 visa?

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Boiler Grand Master

Boiler   45,467

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Gives you potentially 2 options. Got to be good.

“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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