What can this employer do to help me stay in the US

[sirownsalot 0]

Hello, I am about to graduate from a the university of texas and I am job hunting. There is this company that I really like but they are pretty small (30 employees atm) and recently got adquired by car2go. I have told my potential employer that my major concern is help with a green card and he has given me his word he will do all he can.

I WANT TO KNOW WHAT IS "ALL HE CAN DO" TO GET ME A GREEN CARD Here is all the detail about them:

I would be an IOS developer

I have a BS in computer science with 1 year of experience

I still have OPT

They are not e-verified at the moment but said they are working on it atm

I fear that in perhaps 5 years, they will not exist due to the competitiveness of the mobile app market. If so what would happen to me?

What can he do to help me get a green card? Furthermore, am I risking to much in the sense that I might not get an H1B visa while they are still getting e-verified?

Thanks in advance!

I forgot to mention I am from Peru

[canadian_wife 1,785]

Have you spoken to the company's immigration lawyer regarding work visas?

good luck

[sirownsalot 0]

No, they still dont have one. They where a startup that just got funding and got acquired by car2go which is a pretty big transnational company.

They are on the process of getting one though

I just wan to know, if they had the best lawyer in the world, what could he do?

Edited November 9, 2014 by sirownsalot

[RobbieG 94]

I'm not an expert, but what I have read here is, in addition to an immigration attorney, the company can seek a work permit for an employee from another country if they cannot find a skill you have in the workforce in their area. In other words, a genuine need of skill that they cannot find in other applicants.

Good luck to you.

[Boiler 43,401]

Then can sponsor you got a GC.

Probably EB 3.

They can sponsor you for work visa.

Probably H1b

Both require a lawyer. No lawyer and they are not serious.

[sirownsalot 0]

What happens if they do an eb3 for me, and before I get a green card, the company goes bankrupt or I get fired or I quit

Furthermore, how long would it take between eb3 start and getting the green card

thanks

[canadian_wife 1,785]

I suspect if you leave the company (fired or quit) that is sponsoring you, they'll pull their sponsorship - why would they continue the process if you are of no benefit to them?

Seems logical right?

good luck

[sirownsalot 0]

I suspect if you leave the company (fired or quit) that is sponsoring you, they'll pull their sponsorship - why would they continue the process if you are of no benefit to them?

Seems logical right?

good luck

But what if the company goes bankrupt and ceases to exist or something. It is a startup, so I dont know if it will continue to be profitable in the future

[Boiler 43,401]

But what if the company goes bankrupt and ceases to exist or something. It is a startup, so I dont know if it will continue to be profitable in the future

Move to another company who will sponsor you.

If you are that uncertain perhaps it is not the company for you?

You can look up current processing times, best guide you have.

[Gosia & Tito 199]

Hello, I am about to graduate from a the university of texas and I am job hunting. There is this company that I really like but they are pretty small (30 employees atm) and recently got adquired by car2go. I have told my potential employer that my major concern is help with a green card and he has given me his word he will do all he can.

I WANT TO KNOW WHAT IS "ALL HE CAN DO" TO GET ME A GREEN CARD Here is all the detail about them:

I would be an IOS developer

I have a BS in computer science with 1 year of experience

I still have OPT

They are not e-verified at the moment but said they are working on it atm

I fear that in perhaps 5 years, they will not exist due to the competitiveness of the mobile app market. If so what would happen to me?

What can he do to help me get a green card? Furthermore, am I risking to much in the sense that I might not get an H1B visa while they are still getting e-verified?

Thanks in advance!

I forgot to mention I am from Peru

Just the fact they they like and want to hire you is not enough.

They will have to demonstrate that they cannot get the skillset elsewhere, also, they will need to show you wil lbe making prevailing wages in the area you will work, based on the specific role/position. Given what you post in terms of recent graduate and 1 year experience, it will be difficult. What do you bring to the table that sets you aside from other candidates?

Esentially, this is not a DIY process, you need a lawyer -an immigration one- If company doesn't have one, nothing stops you/them to hire elsewhere.

In terms of future outlook: a smaller firm (the one you are with) more likely would have IT in house, but a larger one might opt for outsourcing. Although there is an insourcing trend, it has only been hitting real major organizations. Car2Go is not yet a proven model in the US IMHO; you surely know it's a subsidiary of Daimler and not much presence in the US. IN an effort to reduce costs they might offshore IT. What you want ask yourself is: 1. What is the outlook of your skillset in the next 5 years in terms of local/offshoring trends?, 2. Is the skillset transferable across industries? 3. Is there (with car2go) a personal/professional development mentality?

4. A GC sponsored by an organization, for your specific experience/skillse level seems to be a long one; changing jobs to other orgs would mean you start over ,Is that in line with your expectations? 5. Do you want security, challenge, growth or what out of an organization you work for?

Good luck

As others have noted, likely you would be in EB3, and that can take years.

[sirownsalot 0]

I have two options. That small company or a masive transnational company (I dont want to mention the name because I am afraid of saying something I shouldnt. But the company is in the ranks of google, microsoft, etc). They have said to me that they help employees with the green card process after 3 months. Would working for them be better for me in terms of chance of getting green card?

Thanks again

Edited November 9, 2014 by sirownsalot

[Boiler 43,401]

Help?

Sponsor? Then yes.

[Gosia & Tito 199]

I have two options. That small company or a masive transnational company (I dont want to mention the name because I am afraid of saying something I shouldnt. But the company is in the ranks of google, microsoft, etc). They have said to me that they help employees with the green card process after 3 months. Would working for them be better for me in terms of chance of getting green card?

Thanks again

Your chances of affecting things in a big company are almost nil, besides that it might be that is not challenging, etc; but if your goal is a employer sponsored GC, then that is your route. Smaller companies have much less control and have difficulties in meeting the requirements.

You asked for advise on "better", better is relative to your objectives, goals. Only you can tell

I would however say that you need to take the "help employees with a GC process after 3 months" with care. It might translate to an EB3 that takes a while to get started. An EB3 can take several years; they know well that you would have to stay put or start the process again, and in cases, not even that level of control.

I know people who are 10+ years into a job sponsored GC that started with "we can help you after 3 months"...not in same company, sometimes a merger, sometimes lay offs, sometimes a jack around between the hiring manager and HR, sometimes a job change.

[sirownsalot 0]

Your chances of affecting things in a big company are almost nil, besides that it might be that is not challenging, etc; but if your goal is a employer sponsored GC, then that is your route. Smaller companies have much less control and have difficulties in meeting the requirements.

You asked for advise on "better", better is relative to your objectives, goals. Only you can tell

I would however say that you need to take the "help employees with a GC process after 3 months" with care. It might translate to an EB3 that takes a while to get started. An EB3 can take several years; they know well that you would have to stay put or start the process again, and in cases, not even that level of control.

I know people who are 10+ years into a job sponsored GC that started with "we can help you after 3 months"...not in same company, sometimes a merger, sometimes lay offs, sometimes a jack around between the hiring manager and HR, sometimes a job change.

Could you please explain how it would take 10 years? I thought that the whole process took at most 3 years. I know it takes a lot longer for countries such as India and China

thanks

[Gosia & Tito 199]

Could you please explain how it would take 10 years? I thought that the whole process took at most 3 years. I know it takes a lot longer for countries such as India and China

thanks

Simple.

You start working and await anxiously teh "3 months" magic time.

At that point is up to the hiring manager initiate. The hiring manager might have to cehck with his/her Director, who is too busy to think about this. Thus hiring manager directs you to HR. HR personnel have no clue and check with HR directors. About a month later you are told that your manager needs to initiate, manager insists HR initiates. No one rules what needs to happen. A year goes by and nothing has actually started.

When thing actually start, it's only at compnay level, compile, info, prepare case, etc. A year can easily go by.

Finally year 3, petition is filed. At some point you'll have your priority date, currently is going 3-4 years for EB3 (maybe more, maybe less, not important; with your posting, I highly doubt your company would do an EB2 or 1; of course, they might and that is in your favor), that is only the point your petition for labor certification will be resolved and it is tentative. As you might or not know, those dates are purely tentative, dates move forward/backward from time to time. So we are about year 6 or 7 maybe when your labor cert is resolved, only then a petition for GC can be done. Make it 1-2 years and that is optimistic. You're almost about 10 years now.

Understand that is not in the best interest of the company to get you a GC as soon as possible, not all resources are going to be put into that. If they are working several people's GC, then you might be in a queue, and the magic 3 month is only the time you get in the queue.

Things that influence time: how quick or slow the company attorney responds to inquiries and provides documentation; maybe company changes attorneys and new one has a different priority direction, etc, etc.

Not making this up, I saw it happening more than once. Fair? Not; but do keep in mind that your case is not the highest priority of a company, especially if it is the company attorney.

I've known of cases in which the company deliberately slows things or do not put that much attention, because like or not, you are hostage, unless the job market is relly good and there is a lot of demand in the specific skillset you have; but even then the longer you stay with th original company the less likely you are going to jump ship, and they know that.

If I were you, ideally you'll have an attorney selected by you and not the company one, that is the attorney works for you. Not many companies agree to that. If you can get some agreement that perhaps you cover half the fees in exchange to you selecting the attorney, I'd go with that. This is not the time to be frugal.

Company attorneya in very few cases are immigration focus, they are company attorneys. Yes, there are cases when a company has an immigration attorney. Yes, there are cases when things go smoothly and faster. If it is your case, fantastic.

Add into that, that by year 5 or 6, you might be sick of it and quit and go to another company, process starts over; or maybe company gets acquired/merged, priorities might change.

As I noted before I have first hand knowledge of several cases that took 7-10+ years; and that is with no complications. I had seen even one case in which the hiring manager, an immigrant himself, was positively holding/delaying things, and that is to a connational of his not less.

In another case, a comany with offices in several states filed the application in the region that had the longest wait, and were not willing to move the petition to another region were things were moving faster.

There was even a case where a company failed to advise employee that his permission to work was up and needed to be renewed. This guy found out one day and had to stop working immediately, as in right now, while his paperwork for renewal went thru. That was going to take 1-2 months, thus he was with no pay for that time and very close to being dismissed. Was it his responsibility to be on top , yes, but he was working quite hard and long hours, inclusive to weekends and had not much time left.

Not being pesimistic or scary, just letting you know the realities and priorities of corporate America.