My husband got TN visa my children and I TD want to stay What visa do we request next???

[Coco8 1,042]

3 minutes ago, Boiler said:

No

TN visa is not dual intent. They could loose the TN visa if they apply for the green card.

Has that changed?

 

[Boiler 45,541]

They are in the US, nothing has changed.

[Coco8 1,042]

1 hour ago, Boiler said:

They are in the US, nothing has changed.

 

The green card through job takes like 5 years. If you what you are saying is that they could apply as long as then never leave the country, that does not seem feasible. 

[Boiler 45,541]

I appreciate this is not an area you are familiar with, and it is all moot anyway if the Employer will not sponsor.

[CEE53147 559]

2 hours ago, Coco8 said:

 

The green card through job takes like 5 years. If you what you are saying is that they could apply as long as then never leave the country, that does not seem feasible. 

You are underestimating the time required to a green card.

 

In addition, there can be no US citizens or current permanent residents qualified and wanting the job.  Getting a green card is much harder than getting a work visa.

 

An L1 visa is also a dual intent visa which allows sponsorship for a green card.  OP, read up on those requirements.

[Boiler 45,541]

Nowhere is there an information stated which could lead to a determination how long it should take to get a GC should the Employer decide to Sponsor.

[xyz12345 260]

H-1B visa is a stepping stone to permanent residency but there are still a lot of steps before you can even apply and be approved for a GC (e.g., prevailing wage, job being advertised, labor certification etc). GC approval is not guaranteed just because you've been here as an H1B. It's tough to get an H1B visa these days because the available slots get used up very very very quickly in April of each year.

 

If you do get an H1B visa, you have a maximum of 6 years (each time) to be here in the US and 1 year in your country for another year before you can be here again for a second (or third etc) 6-year H1B. You have to be sponsored for the H1B all the time though.

 

Your best bet if you want to go the H1B route is to apply to a non profit organization (e.g., universities and colleges) because they're cap exempt. But even that is not as simple as it used to be. However, if you have a MS or PhD degree from a US university, then you can apply for H1B slots that have been set aside but even those get used up pretty quickly.

 

A more direct route to permanent residency is self-petition without any job offers and you can only do this with EB-1A and EB2-NIW.

 

I'm sorry to say, it's tough to apply for a employment -based GC. Lots of hurdles to overcome especially after 2008 financial crisis and in this current political climate.

 

3rd option is...How about Canada? You can check if you even qualify to immigrate over there if there is no job offer (if I'm not mistaken).

 

 

My 2 cents worth.

 

 

 

 

[Russ&Caro 1,549]

1 hour ago, xyz12345 said:

If you do get an H1B visa, you have a maximum of 6 years (each time) to be here in the US and 1 year in your country for another year before you can be here again for a second (or third etc) 6-year H1B. You have to be sponsored for the H1B all the time though.

Thank you, I finally learned something about employment visas, assuming this is correct. I've had several friends who worked in the USA for around 5 years under an H1b visa and then were sponsored for an employment based green card. This makes sense since the US based employer would soon risk losing the employee for a year unless they moved forward with an application for a green card.

[Mollie09 1,543]

9 minutes ago, Russ&Caro said:

Thank you, I finally learned something about employment visas, assuming this is correct. I've had several friends who worked in the USA for around 5 years under an H1b visa and then were sponsored for an employment based green card. This makes sense since the US based employer would soon risk losing the employee for a year unless they moved forward with an application for a green card.

The employer can apply at any time, the process is the same. Most wait as long as possible to make sure the employee is worth it/wants to stay with them after the process.

[xyz12345 260]

I forgot... There are exemptions to the 6-year H1B rule but that's another story.

[Boiler 45,541]

Many people coming here on a work visa will build into the agreement that the GC app must be started withing x amount of time of arrival, obviously some are looking to stay some are not.

[monica7777 40]

11 hours ago, kzielu said:

Sorry to tell but this is incorrect. After H-1B expires they have to be petitioned (by employer, spouse ) or go home.

There is now way to apply for residency just because you spent certain amount of time in US on some kind of non immigrant visa - it's a common myth unfortunately being spread by people who don't quite know what they're talking about.

 

 

Again kzielu. It's a little extreme to say 'people who don't know what they are talking about' because I have seen cases of people moving on from H1B visas to GC. I agree it is not a direct path and will need the help of the employer and there may be extra steps involved. So myth or not, I am sharing this to her based on what I have seen from other cases and reason why I suggested her to have her husband talk to his employer. I also agree that maybe you came on another type of visa and can easily suggest other paths. The purpose of these forums are to help her.

 

Luz I wish you the best and hope this back and forth with kzielu has not confused you. Hang in there.

[kzielu 1,149]

Just now, monica7777 said:

Again kzielu. It's a little extreme to say 'people who don't know what they are talking about' because I have seen cases of people moving on from H1B visas to GC. I agree it is not a direct path and will need the help of the employer and there may be extra steps involved. So myth or not, I am sharing this to her based on what I have seen from other cases and reason why I suggested her to have her husband talk to his employer. I also agree that maybe you came on another type of visa and can easily suggest other paths. The purpose of these forums are to help her.

Saying or giving people impression they just applied after being here for certain amount of time is reckless. There is tons of people getting GCs after H-1B - but in vast majority of the cases because they were sponsored by employer (or they got married to US spouse). No amount of stay on H-1B has anything to do with it other than being able to convince the employer that person is worth the investment.

[monica7777 40]

48 minutes ago, Russ&Caro said:

Thank you, I finally learned something about employment visas, assuming this is correct. I've had several friends who worked in the USA for around 5 years under an H1b visa and then were sponsored for an employment based green card. This makes sense since the US based employer would soon risk losing the employee for a year unless they moved forward with an application for a green card.

Thank you Russ&Caro for confirming what I had stated earlier. I also have friends who worked in the U.S. with H1B visas and later moved on to GC with the help of their employers. The person below claims it is a myth from 'people who don't know what they are talking about'.

 

 

12 hours ago, kzielu said:

Sorry to tell but this is incorrect. After H-1B expires they have to be petitioned (by employer, spouse ) or go home.

There is now way to apply for residency just because you spent certain amount of time in US on some kind of non immigrant visa - it's a common myth unfortunately being spread by people who don't quite know what they're talking about.

 

 

I will leave my statements at that.

[kzielu 1,149]

3 minutes ago, monica7777 said:

Thank you Russ&Caro for confirming what I had stated earlier. I also have friends who worked in the U.S. with H1B visas and later moved on to GC with the help of their employers. The person below claims it is a myth from 'people who don't know what they are talking about'.

 

 

I will leave my statements at that.

Only thing it confirms is that you were entirely incorrect - "H1B employees may either return to their home country or apply for permanent residency, also known as a Green Card, and begin the H1B to green card process."  - no, they cannot. They employer can - which you admitted later on. I will leave my statement at that.