Received a job offer but still waiting for visa interview - EB 2 NIW

[asiv_visa 0]

3 minutes ago, appleblossom said:

 

O1 could work, although if you're eligible for O1 then why didn't you apply for EB1A instead of EB2 NIW?

 

At the time we filed for eb2 NIW the urgency of getting the GC in hand was not as high as now. My lawyer felt it would be safer to go through the eb2 route. I'm going to have to consult my lawyer again to see if O1 really is a good option.

[appleblossom 3,249]

3 minutes ago, asiv_visa said:

 

At the time we filed for eb2 NIW the urgency of getting the GC in hand was not as high as now. My lawyer felt it would be safer to go through the eb2 route. I'm going to have to consult my lawyer again to see if O1 really is a good option.

 

If your lawyer felt EB2 was safer then it may mean you don't meet the criteria for O1 (which is very similar to EB1A), but chat with them and see what they say. 

 

Best of uck. 

[mam521 2,214]

Do you have a partner that needs to work in the US?  Just like with a TN, an O1 will not allow a spouse work authorization.  Just food for thought. 

[asiv_visa 0]

8 minutes ago, mam521 said:

Do you have a partner that needs to work in the US?  Just like with a TN, an O1 will not allow a spouse work authorization.  Just food for thought. 

Thanks for the heads up.

 

My partner will move with me but they will continue to be employed through a Canadian employer and will work remotely from the US.

[mam521 2,214]

6 minutes ago, asiv_visa said:

Thanks for the heads up.

 

My partner will move with me but they will continue to be employed through a Canadian employer and will work remotely from the US.

Your partner cannot work in the US without work authorization, even if the employer is Canadian.  

[asiv_visa 0]

47 minutes ago, mam521 said:

Your partner cannot work in the US without work authorization, even if the employer is Canadian.  

It's more complicated than that, but the situation is that she is going to remain employed by the Canadian company but be on parental leave for at least 6 months during that time? So technically she is employed but not working. I know I will have to check more carefully but I believe that's allowed

[mam521 2,214]

1 hour ago, asiv_visa said:

It's more complicated than that, but the situation is that she is going to remain employed by the Canadian company but be on parental leave for at least 6 months during that time? So technically she is employed but not working. I know I will have to check more carefully but I believe that's allowed

That's because she's technically being paid by unemployment, not the company she works for.  Just make sure she is NOT taking any of the other Canadian Governmental benefits like child tax credit because they will 100% make her repay those amounts.  And, make sure she's withholding sufficient tax from her UI because the government typically does not and it is considered taxable income. 

 

Once she is ready to return to work, if she chooses to remain with the company, she will require work authorization in the US and permission from her company to work from the US (tax rules are funny).  O1 won't allow her to work, EB2 would. If she is qualified to get her own TN, that would work, too.  

[asiv_visa 0]

On 12/17/2024 at 12:19 PM, appleblossom said:

 

Final action dates. The filing dates are for submitting your docs to NVC, paying fees, completing the DS-260 etc - and you've already done that to become DQ'ed. So now you're waiting for your date to become current on Table A.

 

 

Could you explain to me how come I was able to submit my DS-260 and be DQ'd even though my filing dates have not ever been current (or were not current at the time I filed)? My PD is Nov 23 and the filing dates are still at August 2023.

[appleblossom 3,249]

16 hours ago, asiv_visa said:

 

Could you explain to me how come I was able to submit my DS-260 and be DQ'd even though my filing dates have not ever been current (or were not current at the time I filed)? My PD is Nov 23 and the filing dates are still at August 2023.

As you haven’t filled in your timeline (please do so!) I couldn’t say as I have no idea when you filed. It’s a question for your lawyer, they’ll have been keeping a close eye on dates and when they jumped forwards/backwards.
 

But it’s not really relevant now you have been DQ’ed, the only thing that matters is when your PD becomes current on Table A, as that’s a matter of law, unlike Table B. So just keep watching that, and also check the commentary as they’ll tell you on the VB if your category is likely to retrogress (dates go backwards) as in the month ahead. 
 

Good luck.