From around the corner and around the world, clients have come to us for nearly 20 years, because of our creativity in solving immigration problems. At the risk of giving up some of our trade secrets, here are a few examples of how we made our clients happy…
Problem: I’ve only got six months left on my L-1, I don’t want a green card, but I need to stay a few more years to build up my business. What can I do?
Solution: Get a new passport and get an E-2. Find out how.
Problem: I just got married after getting my green card and found out that I can’t bring my wife here for 5 more years. What can I do?
Solution: Get a second green card that includes your wife. Find out how.
Problem: My H-1B petition was approved but change of status denied. My lawyer says I have to leave the US. What can I do?
Solution: Re-file and get the change of status application approved. Find out how.
Problem: I have several new hires & we need to start their 4 month orientation before the new H-1B quota is available. What can I do?
Solution: Establish your company’s own J-1 Trainee program. Find out how.
Problem: I have worked legally as a& crewman on board US ships for years. Every year I am hired as a contractor so I cannot be sponsored for a green card. I have lived in the US with my domestic partner for 12 years but he cannot sponsor me either. What can I do?
Solution: Get a green card through a home equity loan. Find out how.
Problem: How do I avoid the 3rd Preference Backlog?
Get a new passport
David was born in South Africa and entered the US with an L-1A visa on a South African passport. It has taken six years to get through the permitting process for his real estate development company. For tax purposes he does not want to become a US permanent resident. We determined from our initial consultation that he was eligible for French citizenship through his father. The US has an Investment Treaty with France. We obtained a French passport and E-2 visa for him, allowing him to stay and grow his business for several more years.
Get a second green card
Ashish got his green card through employer sponsorship as a computer engineer. He now is Director of New Technology for pre-IPO chip developer. A few months ago, he married in India only to realize that it takes five years for a spouse of a permanent resident to immigrate. In less than one year, we obtained a second green card for Ashish through the new employer’s sponsorship. His wife received a green card at the same time.
Change of status re-filed
Anna was working under F-1 practical training and taking post grad classes when she filed for H-1B in April. Her practical training card expired in June. Because of the quota, she had to file the H-1B petition in early April, requesting an October 1 start date. The USCIS approved the H-1B petition but denied the change of status since (they believed) she was out of status on October 1 (more than 60 days after the end of her practical training). We re-filed the H-1B change of status petition documenting that she maintained F-1 status after June by taking classes on a full time basis.
J-1 Trainee program
Doris is Director of HR for software company with development facilities in four countries. Several dozen engineers recently hired overseas are needed on a project that will start in the US and then be transferred to the four countries for software localization. No H-1B quota is available until October 2007. After review of the project, we determine that the first 15 months of the engineers’ activities in the US can be classified as training. The engineers will apply the skills and knowledge learned in the training when the project is transferred to their home countries. We apply for the company to be an official Exchange Visitor Program so it can quickly issue the documents for the engineers to receive 18 month J-1 visas.
Get a green card through a home equity loan
Over the past 12 years, Ivan has acquired two homes that have appreciated in value. His home equity is now in excess of $600,000. Through an approved EB-5 regional center, Ivan can get a green card by transferring his equity in the homes to commercial real estate that will generate employment for US workers.
Re-file under 2nd & Preference & Transfer the Old Priority Date
Under current regulations, the DOL will permit an employer to file more than one LC for the same employee.& & For example, an employer may file a second LC for an employee and retain the filing date of the first LC.& This requires that the old LC was filed under the old paper-based system.& It also requires that the first and second LC be essentially identical. To retain the original filing date, the employer must withdraw the first LC at the time of filing the second LC application. & Also, an employer may file a second or subsequent LC for an employee without jeopardizing an older LC case. In this situation, the second LC will be accorded a new filing date but the employer is not required to withdraw the first LC.
Next, an individual does not actually “possess” a priority date until the USCIS has approved an I-140 for that employee. The priority date granted by the USCIS is the date the LC was filed. Thus, a pending or approved LC does not mean the employee has a priority date. Until an I-140 has been approved based on an approved LC, the employee merely has an LC “filing date.” An LC filing date is not transferable; a priority date is transferable.
Substitute on Another Approved LC & Transfer the Old Priority Date
Sometimes an employer may receive approval of an LC but the LC is no longer needed for a particular employee. For example, the employee may have received permanent residence through marriage; left employment; or was terminated.
In such a case, the employer is free to use an approved LC to file an I-140 for a different employee, as long as the employer continues to have a bona fide job opening and to offer the same terms of employment. Also, the substituted employee must have met all the requirements for the position before the LC was filed. When substitution is approved, the employee receives the old LC filing date as a priority date. For example, if the old LC was filed on May 1, 2001 and is later approved for a job requiring a bachelor degree, the I-140 will be approved with the substituted employee’s name under the 3 rd preference quota with a May 1, 2001 priority date.
If the employer later determines it has a job opening for a different position that requires a bachelor degree plus five years experience, or a master’s degree, it may file a new LC for that employee. When that LC has been approved, the employer may file a second I-140 for that employee. The new I-140 will be approved under the 2 nd preference quota. As a bonus, the employee will receive the May 1, 2001 priority date (from the 3 rd preference I-140).
For more information, or to schedule a consultation with the immigration attorneys at Visawolf, simply click here. Our multi-lingual team provides immigration services in English, Spanish, and Chinese.
From our offices in Concord, located in the San Francisco Bay Area of California, we serve clients throughout the United States and the world. We provide immigration expertise to clients in all parts of the U.S., including Texas, Hawaii, New York, Florida, New Jersey, Illinois, Washington, and Ohio. We serve clients in all parts of California, including San Francisco, Los Angeles, Oakland, Berkeley, San Diego, Sacramento, San Jose, Fresno, Bakersfield, and Redding.