employment based green card for canadian citizens

[Tanveer_Kapoor 0]

Hello,

We found a some one who is willing to file our GC through employment in USA inland. We are on visit visa as on in USA. I am born canadian citizen and my husband is born indian citizen holding canadian PR. My question is if some one can guide us how we can file our GC? I don't want me or my husband to get over stayed in USA. Till I have research online I have found I am eligible for GC application if everything went smooth, I will get GC within a year. Will my husband will get the GC too with me or I have to sponcer him after I get my GC? 

Thank You.
 

[Chancy 6,243]

2 minutes ago, Tanveer_Kapoor said:

We found a some one who is willing to file our GC through employment in USA inland.

 

Do you have an approved I-140 petition filed by the company for you?

 

[Mike E 11,742]

1 hour ago, Tanveer_Kapoor said:

Hello,

We found a some one who is willing to file our GC through employment in USA inland. We are on visit visa as on in USA. I am born canadian citizen and my husband is born indian citizen holding canadian PR. My question is if some one can guide us how we can file our GC? I don't want me or my husband to get over stayed in USA. Till I have research online I have found I am eligible for GC application if everything went smooth, I will get GC within a year. Will my husband will get the GC too with me or I have to sponcer him after I get my GC? 

Thank You.
 

Per https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-december-2022.html because he was born an Indian citizen he will have a long wait for an employment based green card. Some estimate over 100 years. 
 

However if you get an employment based green card he can one at the same on the basis of being married to you. 
 

Imho, Employment based green cards are not DIY.  You and/or your potential employer need to hire a skilled immigration attorney. Getting this all wrapped up before your authorized stay expires will be a challenge though perhaps not impassible. 

Edited November 18, 2022 by Mike E

[PaulaCJohnny 713]

1 hour ago, Tanveer_Kapoor said:

Hello,

We found a some one who is willing to file our GC through employment in USA inland. We are on visit visa as on in USA. I am born canadian citizen and my husband is born indian citizen holding canadian PR. My question is if some one can guide us how we can file our GC? I don't want me or my husband to get over stayed in USA. Till I have research online I have found I am eligible for GC application if everything went smooth, I will get GC within a year. Will my husband will get the GC too with me or I have to sponcer him after I get my GC? 

Thank You.
 

 Nothing you can do. This kind of visa need to be requested by the company Lawyer . They are the one responsible for it. 

This is not an easy or cheap process, and for a company to offer this they probably know how to do it, because is not like any company that have the resources to do it, like a small business. 
 

You can start for reading this…

https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants

[Tanveer_Kapoor 0]

@Chancy Thank you for the reply. We have not filed I-140 yet. We just came to USA to find out if somthing like these is possible. 

 

@Mike E Thank you for the reply. Company do have very good experience lawyer. I juat want to have few more opinions on it if its possible to do or not. 

 

@PaulaCJohnny Thank you for the reply. 

[Tanveer_Kapoor 0]

What if we do TN visa for canadian citizen and TD visa for dependent indian citizen and then apply for the employment base GC will that be a good idea or just file employment based GC directly for canadian citizen and as weare married my husband will get it too once I get the GC

[PaulaCJohnny 713]

36 minutes ago, Tanveer_Kapoor said:

What if we do TN visa for canadian citizen and TD visa for dependent indian citizen and then apply for the employment base GC will that be a good idea or just file employment based GC directly for canadian citizen and as weare married my husband will get it too once I get the GC

Is the Profession on the NAFTA list??

Do you know that is a non immigrant visa right? So, apply for this one with the intent to immigrate is not legal. If your intention is to live here you need to apply for the correct visa, try short cuts will not help

[Bajinga 136]

EB petitions are not DIY and quite expensive, not every profession qualifies. For qualified positions, the employers generally will already have a legal immigration department well versed with EB petitions and can answer all your questions. EB petition requires a Labor certification process as a first step which is quite thorough and can take up to a year, no B visa lets you stay that long. Labor certification requires a US employer to prove that there are no minimally qualified US workers for the position, so the skillset has to be quite rare usually STEM or Medical.
Which field is the employment going to be in and what category of EB has the employer found you to be eligible for?

[designguy 1,179]

Even if you have an employer ready to sponsor you, there is no way you will get an I-140 approved and be able to adjust status in time if you are currently in the US. You will need to leave while the application is processing. If you overstay then you will not be able to adjust status

[mam521 2,126]

TN visas are nonimmigrant intent visas.  If your husband joins you as a spouse, he will not be eligible to work.  Yes, there are some cases where people have managed to go from TN to greencard, but it's more challenging.  

 

Your employer can sponsor a work visa in an L category if you have worked for them for longer than a year and are interested in transferring you.  Your husband can work as an L2 visa holder.  This visa type is a dual intent, so it's easier than a TN to file for a greencard.  Again, depending on whether the visa type is L1A or L1B will determine the complexity and chances of receiving a greencard.  

 

EB greencards are also not DIY's and are taking a lot longer than a year.  There is a big interview backlog for the Montreal consulate and that's the only Canadian consulate that completes the EB interviews.  Here's a thread for those stuck in the loop.  

 

[Cathi 5,782]

What type of job and company? Sounds suspicious.

[Tanveer_Kapoor 0]

@Cathi It's a managment and HR job with having technical knowledge of fixing cell phones, computers and other electronics. Company is uBreakiFix have to manage stores, hire peoples for new/existing locations and train them for 50+ stores in texas. 

 

@mam521 I have not worked for the company I was visiting USA and found an opportunity. So I guess L visa we will not be qualified. EB Greencard are not DIY but company is trying to find a perfect qualified candided but they were not able to do so till they found me. 

 

@PaulaCJohnny I did't know that TN visa is non immigrant visa. Thank you for letting me know. My profession comes on NAFTA list. Not trying to do and shortcutes just need to know if somthing what is promissed to me is possible or not. If I have to try short cutes I know some other ways but lets stick to the topic. 

 

@designguy Going back to canada and coming back to states is not a problem as canadian do not need visa to visit USA. But till I have knowledge, when you have filed for status adjustment before your stay expire you will not be consider over stayed in USA till the decision is made ( Correct me if I am wrong) 

 

@Bajinga Field I will be in managing stores, HR and training (new hire people if they dont know how fix phones and comuters innitally). I have HR experience of 8 years in canadan for bestbuy Geeksquad, as a geeksquad agent I do have very good knowledge of cellphone and computers repair. 

 

Thank you for all your replies. 

[designguy 1,179]

5 hours ago, Tanveer_Kapoor said:

Going back to canada and coming back to states is not a problem as canadian do not need visa to visit USA. But till I have knowledge, when you have filed for status adjustment before your stay expire you will not be consider over stayed in USA till the decision is made ( Correct me if I am wrong) 

You can not enter the US with the intention of adjusting status. You will need to go through consular processing

[Cathi 5,782]

21 hours ago, Tanveer_Kapoor said:

@Cathi It's a managment and HR job with having technical knowledge of fixing cell phones, computers and other electronics. Company is uBreakiFix have to manage stores, hire peoples for new/existing locations and train them for 50+ stores in texas. 

 

 

Doesn't even come close to the type of job that is eligible for an employment visa. In order to qualify for said visa, the employer has to prove that the company cannot find an U.S citizen or green card holder that is qualified to fill the position. There are many, many people in this country that can do that type of job. 

[Boiler 45,906]

TN is quick and cheap. Immigrant visa's are not and something where most of the heavy lifting is done by the Employer.