Question 1:
The husband has a company. Wife and husband are both U.S. citizens, and they want to get her brother over to the United States on some kind of a work related visa. Assuming the husband’s company is small and the brother is professionally qualified can they get him through the husband’s company.
Answer will depend on qualifications of the brother, and what sort of a company that her spouse has. For example: Is the company large or small? How many employees? How long has the company been in business? What kind of work do they do? Does the company have any branches outside of the U.S.?
Answer: If the company's business and the brother’s qualifications are both professionally oriented we could seriously think about an H-1 Visa. If there is a branch outside the U.S., then we could get the brother employed outside the U.S. and think about an L-1 Visa in a year. Also under the new laws, as they are being considered, we should be able to have more options than what I have just discussed. So I am right now I am examining the matter only under the current scheme of laws, and H-1 and L-1 are two obvious options. Of course I am assuming that everybody here is an India born citizen of India because if you are citizen of another country you might have other options like E visa, etc. So bearing this in mind, there are some assumptions I am making and I am also clarifying that I am looking at the current schemes of the laws. Future schemes of the laws might be different and might be much more beneficial for us.
Question 2:
What is the chance of an L-1A Visa holder with nine years of experience qualifying for EB1 category. Can I apply for a Green Card for myself in the EB1 category?
There are three kinds of EB-1's. Let’s start with the EB1 category that is the easiest to understand.
1. Outstanding researchers or professors - given the designation of EB-1-2 or EB-1B.
Under EB-1, the second category is outstanding researchers or professors. Basically we are looking for people who are highly qualified in their own field and there are certain criteria. Look at our website for more information.
http://www.immigration.com/greencard/employment-based-green-cards/emplo…
So one category is for outstanding researchers or professors, for which you need a research or professorial position.
Then there is another category EB-1C or EB-1-3 category for international executives and/or managers. People who are on L-1A can pretty much qualify for EB-1C category. This is another great category.
Then there is the first category, extraordinary ability aliens. This is not for everyone. Here we are looking for sustained national or international recognition. Somebody who is hailed as a leader in their business For example, Bill Gates would qualify, but Rajiv S. Khanna would almost certainly not qualify. So we are looking for people who are nationally and internationally recognized.
So the question asked was can I do it on my own out of these three categories. The only one in which you can apply on your own is the first category EB-1A, which is extraordinary ability aliens. You are nationally or internationally recognized, and you have articles written about you and have international awards. Again there is a list of criteria and you have to meet three out of the ten listed criteria or similar. All this information is on our website as well.
http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
In your situation the best option is to apply for EB-1C if you can get your employer to apply for you since you are already on L-1A getting a EBC green card is absolutely perfect choice and you got your Green Card within a year. EB1 is the fastest way of getting our Green Card.
Finally day has come. Our passport has been stamped at Cleveland OH on 03/20/2003. This was real long and painful journey but Mr. Rajiv Khanna and his team made it REAL SIMPLE and PLEASANT. The whole GC process started in October 2000 when I called Mr Khanna. I talked with Richa Narang as she started paper work for LABOUR certification. She gave me very valuable tip on how to put my resume online and how to post advertisement in local news paper. Once my Labour was filed I talked with Puja and ask her to start my I140 paper work. I had real trouble in getting financial statement from my company. Puja and Mr Khanna helped me big time by convincing my company. Puja did great job and my paper work was ready before my Labour was done and she filed my I140 same day I got my Labour. That resulted in saving of atleast 1 month. Puja was so good in communication and responding my emails and phone calls I asked her to prepare my I485 documents. She gave me Diane Lombardo's phone number. I talked with Diane and she prepared my I485 documents. Diane is best person you can ever get for I485. She has always replied my emails within 2-3 hours even on weekends. Service she provided was so EXCELLENT that one can only dream of getting these kind of service from any attorney's office. Documentation all these team provided was so good there was no scope of any RFE. I have seen my friends still suffering from mistakes from their attorneys in preparing documents. They started process before me and they are still waiting. I talked with Leila so many times for my status check, finger printing, RFE response. She was always fast in comunicating back. Always happy to respond and most imp available on phone when you call. Another very important person from start to finish, Suman Bhasin. I have talked to her so many times during entire process. Always very polite and highly respectable. She gave me solution to every problem I had. Finally when my case was approved call from Homa on what should I do till I get my Citizenship. Lastly Mr. Khanna for all the help. He always gave me solution to every question, gave me best possible advice on chossing right path for entire process like R/R VS NON R/R. Consular processing VS I485 filing. Every piece of advice and service he gave was best any attorney can give. I don't even have words to thank all of you. You all helped like one big family members. Your team is best in the world for immigration matters. Your team provides warm fussy feeling to all those Indians who come so far after leaving their country and family. May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE. I am eagerly looking forward to working with you in the future. I will highly recommand Mr. Rajiv Khanna and his team to all of you. Thanks SAMIR SHAH