EB-3..do I have a chance to get it.

[Brenglen]

What is the name of your state?:Michigan

Hello,

I have a queston, I am a Canadian Citzen which Im in the process of filing for a H-2B Visa. The Reason Im filing for it is ofcourse I got offered a Job and I want to Live, Work, Drive and go to school but the thing im wondering is that I want to live in the U.S. Permently and one of my friend's told me about a "EB-3" and that if you get it you can live in the U.S. Permently but has to be sponsered by an Employer. I was wondering if I qualify to apply for an EB-3
I really want to live in the U.S. and well I was wondering how much it cost as well.

I also was wondering if I can apply for this while on the H-2B Visa or If I get denied from Immirgation of the H-2b.

P.S. it says "Unskilled workers with less than two years training or experience and with a job offer from a U.S. company" is qualified for it but I've never worked in the U.S....so If I want, I can apply after 2 years on the H-2B Visa?

Thank you

-Brendan.

 

[ImmigAttyLana]

You cannot apply for the EB3 if you do not qualify but the qualification does not have to be experience in the US; it just has to be experience in keeping with the job requirements. You do have to have a valid job offer from a US employer to be sponsored under the EB3 but the wait for this is going to be 5+ years and during that time, you can keep coming in on the H-2B if approved, but you cannot continuously stay in the US since the H-2B cannot be approved for more than 8-9 months at a time and each time a new petition must be filed and approved before you can enter the US on the basis of that approved petition.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[Brenglen]

You cannot apply for the EB3 if you do not qualify but the qualification does not have to be experience in the US; it just has to be experience in keeping with the job requirements. You do have to have a valid job offer from a US employer to be sponsored under the EB3 but the wait for this is going to be 5+ years and during that time, you can keep coming in on the H-2B if approved, but you cannot continuously stay in the US since the H-2B cannot be approved for more than 8-9 months at a time and each time a new petition must be filed and approved before you can enter the US on the basis of that approved petition.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

Well thank you Lana, I appreate you responding so I take that the EB3 is out of the queston but heres another one tho..

I was hired by a Resterant in Michigan (USA) about a month ago and my employer did say that he was short and he was in need of employees and that he will sponser a H-2B, so My Employer has filed the ETA 750 form and once thats approved then he is going to apply for H2B Visa. I understand that Im allowed to VISIT the U.S. while filing for the H2B so that Im not worried about but the only thing I am worried about is that..After the ETA 750 Form is approved and the H2B is filed after that..How long do you think I have to wait til I get a decison of approvel or Denial of the H2B (I-129)? because my employer wants me employed A.S.A.P. and the Labor Services office in Michigan (The place where the ETA 750 forms go to) said to put on the ETA 750 form "Start Date" June 1st 2006-June 1st 2007. so I wasn't sure if that Start date carries on to the H2B as well.

Thank you and hopefully you understand what im saying.

P.S. what I want to note out is that I do have a SOCIAL SECURITY number and that I used it to open a Bank account in the U.S. so I can keep my American Money in there when I come to visit the U.S. the bank asked for a U.S. Address and I gave them my Friend's Address (in which ill be leaving at, if I get the H2B Visa). I told USCIS Hotline on what I did and they said that they think it probabily WONT be a probabily as long as you put your Current CANADIAN address on the I-129 form...so anyways just want to note that out just incase u wanted to ask me the queston of a Social Security Number and maybe it will give me an advange of the H2b Process becoming faster then it normally would.

 

[ImmigAttyLana]

The fact that you have a social security number will have absolutely no impact, good or bad, on the processing of your H-2B petition because it is simply irrelevant to that process. The H-2B process will take some time, but it should be fairly quick since the H-2B position is a temporary one in nature so it should be approved rather quickly to allow the employer to utilize your services when they are needed. However, I do not know about the requested period of employment being a complete year since the very nature of H-2B employment is seasonal/peak and if the employer requests an entire year, these petitions usually fail for that reason. Is your employer handling this process on their own or through an attorney?

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[Brenglen]

The fact that you have a social security number will have absolutely no impact, good or bad, on the processing of your H-2B petition because it is simply irrelevant to that process. The H-2B process will take some time, but it should be fairly quick since the H-2B position is a temporary one in nature so it should be approved rather quickly to allow the employer to utilize your services when they are needed. However, I do not know about the requested period of employment being a complete year since the very nature of H-2B employment is seasonal/peak and if the employer requests an entire year, these petitions usually fail for that reason. Is your employer handling this process on their own or through an attorney?

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

Well Lana I do want to say thank you for helping me out with your advice..it's hard to find people like you to help me out like that, anyways my EMPLOYER is doing all the work but to be honest with you...I'VE done all the Research, downloaded the forms and called USCIS pretty much everyday (it's pretty much on my Speed dial lol), My Employer's having some family problems and the Labor Certification place told me that I need to ONLY submit Eta 750 form A and a Letter so my employer wrote the letter and he should give it to me on Friday so ill send it in ASAP. I've been thinking lately and that on the ETA 750 Form it asked "What day to start" and the Labor Certification place told me to put down "JUNE 1ST 2006-JUNE 1ST 2007" which I dunno how long it will take til they approve the ETA form and well once it's approved can I put on the I-129 Start date "JUNE 1ST 2006" because I don't want the Labor Cerification to Expire before the H2B Visa does...but anyways I want to know what your advice for that. My Employer put down "Port of Entry" (If its approved) to pick up my visa at the Detroit Border because im coming from Windsor Ontario Canada, I hope that is alright.

My Employer also put down that the employement will be a "Peakload" which he wants me here for atleast 10 MONTHS so hopefully thats alright as well.

I appreate it soo much for your help like you don't know how much it means to me. I worked soo hard to get this so I can go to Work, Drivemsee my friends and my Girlfriend as well. I wish you were able to practice Immirgation in Michigan cause in the Future I would probabily need ya to take my Case for a "Fience Visa" (so I can Live permently in the U.S. and work there as well oh and to be with my girlfriend lol) but that will be for another 2-3 years lol.

Thank you and hopefully you can continue to help me out til everything is all set. I will refer you in anyway because of your gentrus help.

 

[ImmigAttyLana]

Please contact me directly if you want to discuss the specifics of your case, since the public forum does not sound like the right place to do that. You can contact me via private post and I will give you my contact information.

As for my practicing in Michigan, while I do not practice in Michigan, US immigration law is a federal practice and allows an attorney admitted anywhere in the US to assist with US immigration related issues. In fact, I did practice in the Midwest before (Ohio and Indiana) and currently still have many clients there as well as in other states precisely because I am able to do this and to assist them in connection with immigration issues regardless of their place of residence or employment. Therefore, I would be glad to assist you with this matter as well as any future immigration cases you might have, such as the fiance visa petition, etc.

Please feel free to contact me directly to discuss further.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney