Easiest way to get in to the US? Wait time?

Hey Guys, - First time poster, and I have read through the sticky material. Here is my situation. I'm a 23 year old student finishing university, I will have two degrees after I complete school i...

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Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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mattd
Junior Member

Dying to Move

Joined: 12 Mar 2008
Posts: 22
Location: Canada

Posted: Sat Mar 15, 2008 1:03 pm

Reba wrote: How are you co-owner if you're not investing any money in it?

By investing I mean bringing more money when I relocate.it's a grassroots company so I've already invested what is needed to get it started, but it's not like I'm a million dollar (or even hundred thousand dollar) investor.

mattd
Junior Member

Dying to Move

Joined: 12 Mar 2008
Posts: 22
Location: Canada

Posted: Sat Mar 15, 2008 1:04 pm

TNVisaExpert wrote: An investor visa requires a substantial investment in the company. Depending on the projected budget of the company the investment will need to be relative to this. An attorney will be able to help you if you decide to move forward with this option.

Another option, as an employee, that has not been mentioned is to do an intra-company transfer. This is an L visa, does not sound like this will work in your case (need to work in Canada for the company and then transfer to the US office) -- but thought we'd mention it just in case it helps.

And, to Reba's point how are you a co-owner without an investment.

Thanks for the reply. Majority of the work has been set up in the US and the initial investment I've put into the company is probably not high enough to qualify for an investors visa in that case. I am co-owner but it is not a substantially large company at this point in time.

mattd
Junior Member

Dying to Move

Joined: 12 Mar 2008
Posts: 22
Location: Canada

Posted: Thu Mar 20, 2008 9:09 pm

I didn't want to start another thread so I'll ask my new question in here. From what I've gathered if I wanted to move in permanently the HB1 is a lottery pretty much. Would I be better off applying for Labor Certification through the I - 140?

If the company files for this and has record of trying to recruit from the US with no suitable applicants over the last few months will that help? Here is my question. If I am applying with a degree in history but my job will be involved with computers, can my employer still attempt to hire me because I have 3 years working experience as a computer tech and can also meet other requirements such as typing speed etc. that would be extremely high in demand for the job to serve customers online?

If they file an I - 140, how long should we expect to hear back? If I was denied getting one, would I be SOL if I tried to apply for a TN1 Visa at a later date (for this company or another)? Thanks

mattd
Junior Member

Dying to Move

Joined: 12 Mar 2008
Posts: 22
Location: Canada

Posted: Mon Mar 24, 2008 9:53 pm

bump!

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Tue Mar 25, 2008 8:08 am

I think first of all you need to find an employer, what you're suggesting sounds fairly exotic, are you trying for EB-2?
_________________
Steve.

mattd
Junior Member

Dying to Move

Joined: 12 Mar 2008
Posts: 22
Location: Canada

Posted: Tue Mar 25, 2008 11:54 am

Steven wrote: I think first of all you need to find an employer, what you're suggesting sounds fairly exotic, are you trying for EB-2?

No.I have an employer and a job offer.so knowing that:

I didn't want to start another thread so I'll ask my new question in here. From what I've gathered if I wanted to move in permanently the HB1 is a lottery pretty much. Would I be better off applying for Labor Certification through the I - 140?

If the company files for this and has record of trying to recruit from the US with no suitable applicants over the last few months will that help? Here is my question. If I am applying with a degree in history but my job will be involved with computers, can my employer still attempt to hire me because I have 3 years working experience as a computer tech and can also meet other requirements such as typing speed etc. that would be extremely high in demand for the job to serve customers online?

If they file an I - 140, how long should we expect to hear back? If I was denied getting one, would I be SOL if I tried to apply for a TN1 Visa at a later date (for this company or another)? Thanks

Those are my questions.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Tue Mar 25, 2008 9:31 pm

My question is, what exactly are you aiming to get, EB-2 or EB-3? An I-140 is for applications for employment-based immigration.

It doesn't sound to me with those qualifications that you could get EB-2, so in EB-3 you're looking at a three-year wait: http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html

Realistically no employer will hold a job for three years unless it's someone doing you a favour. That's the point of the dual intent entry, you get an H-1B or an L-1B and then apply for change of status. But at the moment the H-1B system is basically broken. Sad

Basically your situation is what I said in my original reply, get authorized for OPT and take it from there. You've either got the option of going for H-1B (next year probably), sorting out investor status if this business deal looks like it will work out, or doing something about your qualifications so you fit into TN-1. EB-3 isn't terribly practical because of the gap between your EAD expiring and your visa number coming up.
_________________
Steve.

mattd
Junior Member

Dying to Move

Joined: 12 Mar 2008
Posts: 22
Location: Canada

Posted: Thu Mar 27, 2008 7:50 pm

What is OPT?

HB1 is basically a lottery now right?

If I have 2 degrees but neither are computer related, but I've held a position at a company for 3+ years a tech support officer running the computer systems, would I get accepted on a TN as a computer systems analyst? or does my degree have to relate to that as well?

Thanks