PDA

View Full Version : E2 to Green Card?? mission impossible!



flying chippy
03-06-2004, 03:00
I am sure it has been asked many times before. However, being a new member i hope you will humour me.
My wife, two sons and I have our interview with the embassy on June 10, the final hurdle for our E2..fingers crossed. One has to ask,is there hope for us and thousands like us who so desperately want to achieve that elusive 'Green Card'
If it only achieveable by sponsership, as i have heard so many times,
is anyone looking for either a Carpenter, Helicopter pilot, Chef, or Aircraft Technician when my elder has finished his course in a couple of years!!
If anyone knows of a reputable (or not) lawyer that gets results in this field, i would welcome your correspondence. [email address edited please use DM]

[u]ADDENDUM</u>

AFTER A VERY NERVOUS WEEK PRECEEDING THE INTERVIEW, IT WAS A PIECE OF CAKE. VERY STRAIGHTFORWARD & MY SON DID NOT GET A GRILLING, AS WAS SUGGESTED. THE EMBASSY LADY, LISA PITTMAN WAS VERY POLITE AND HELPFUL. SHE EVEN SUGGESTED OPTIONS OPEN TO MY SON, FOR STAYING IN THE COUNTRY AFTER 21.
THANK YOU US-EMBASSY....WELCOME TO AMERICA!!!!

blott
03-06-2004, 04:08
I'm not sure that your elder will be allowed to work in Florida unless he has a separate visa? Good luck for your interview.

esprit
03-06-2004, 09:16
No E2 kids cant work at all, not while on E2 anyway and dont get an SS number.. Moreover he cannot be sponsorred unless he has a bachelors dgeree from college or several years experience in his field. And remember the labour certification bit " that there is bo American available to do his job."

OK. E2 to green card. Well it cant be done. There is no route between the two. The only way is to change status. There are some attorneys using smoke and mirrors on this one, Basically you go for labour certification through your own business or a friends and convert to a work visa and from there to green card. It only works if you are in a profession where there is a real shortage or where the job description is such that you wont get many US applicants, eg somone with knowledge of the British grocery trade. You have to be either a graduate or a specialist with experience in the field the job is advertised in and the job has to be relevant to the sponsorring business. It is hence quite restricted and very long winded as it takes an age to get labour certification, then another age to get H1b ( which are now capped at 65,000, a third of last years), then renewal, then up to three years to get green card.
Easier way, train to be a nurse ( straight to green card without labour certification) except they wouldnt let my son train here on an E2 visa (!!) or marry one of the kids off to an American!!
Even better, dont come out on E2 at all, rethink thw whole thing to get an L1. I am on E2 and you would be amazed at the retrictions this visa puts on you and your kids. Sorry to be a wet rag just as you are excited and going for your interview, I was like that this time last year. But one year in, I realise just how restrictive and risky E2 is for you and more particularly for older kids. You hear horror stories of people being sent back home, some kids who have been here for years. How old are your children?? The courses you were mentioning for your elder didnt sound like degree courses which will make a work visa after college really difficult. The threat of being sent home at 21 when their E2 dependant status expires unless they can manage to get their own visa is ever present.

chrizzy100
03-06-2004, 18:23
<blockquote id="quote" class="ffs">quote:Originally posted by esprit
No E2 kids cant work at all, not while on E2 anyway and dont get an SS number.. Moreover he cannot be sponsorred unless he has a bachelors dgeree from college or several years experience in his field. And remember the labour certification bit " that there is bo American available to do his job."

OK. E2 to green card. Well it cant be done. There is no route between the two. The only way is to change status. There are some attorneys using smoke and mirrors on this one, Basically you go for labour certification through your own business or a friends and convert to a work visa and from there to green card. It only works if you are in a profession where there is a real shortage or where the job description is such that you wont get many US applicants, eg somone with knowledge of the British grocery trade. You have to be either a graduate or a specialist with experience in the field the job is advertised in and the job has to be relevant to the sponsorring business. It is hence quite restricted and very long winded as it takes an age to get labour certification, then another age to get H1b ( which are now capped at 65,000, a third of last years), then renewal, then up to three years to get green card.
Easier way, train to be a nurse ( straight to green card without labour certification) except they wouldnt let my son train here on an E2 visa (!!) or marry one of the kids off to an American!!
Even better, dont come out on E2 at all, rethink thw whole thing to get an L1. I am on E2 and you would be amazed at the retrictions this visa puts on you and your kids. Sorry to be a wet rag just as you are excited and going for your interview, I was like that this time last year. But one year in, I realise just how restrictive and risky E2 is for you and more particularly for older kids. You hear horror stories of people being sent back home, some kids who have been here for years. How old are your children?? The courses you were mentioning for your elder didnt sound like degree courses which will make a work visa after college really difficult. The threat of being sent home at 21 when their E2 dependant status expires unless they can manage to get their own visa is ever present.
[/quote]


Its 12 years experience in his field.....in the job they want you for......my husband had to be a test Eng for those 12 year...his time as a test tech did not count....I'm on another site to do with moving to the US....and someone there said H1Bs are taken till 05 now.....

esprit
04-06-2004, 08:18
There is quite a lobby to stop them altogether, Chrizzy. The reduction from 195,000 last year to 65,000 this year is stopping work based immigration by the back door. I am seriously worried for my son who will need one at the end of his degree. Will this visa still exist by then?

flying chippy
04-06-2004, 12:19
Thanks for your replies, why should the kids 18 & 14 not have SS numbers. how do you get on for things like driving license & bank accounts when they almost always ask for these??
chris

blott
04-06-2004, 16:38
Kids don't get SS numbers as they're not there in their own right - they're just there because their parents are. This is what leaves them vulnerable to deportation when they reach 18 and aren't going into a college degree or 21 if they are doing a degree.

Non-resident Florida home owners can get a driving licence and a bank account so there's no problem getting these without SS numbers.

esprit
04-06-2004, 17:09
Blott is absolutely right in what she says, E2 kids have no rights at all and from 18 on, can be deported unless they go to college. I know it happened to an 18 year old here since the age of 6 who left school and didnt get into college, he was US educated and as American as apple pie.. I have replied to you by DM. They will quiz your 18 year old at the embassy interview as to what he is going to be doing here so be careful.

chrizzy100
04-06-2004, 17:11
<blockquote id="quote" class="ffs">quote:Originally posted by esprit
There is quite a lobby to stop them altogether, Chrizzy. The reduction from 195,000 last year to 65,000 this year is stopping work based immigration by the back door. I am seriously worried for my son who will need one at the end of his degree. Will this visa still exist by then?
[/quote]


A lot of the jobs that the H1B is used for.....tech ones....are going to India......they don't bring the people over anymore.....when hubby lost his job here....he was offered one in India......thats going to be the only place you can get a job with an American company soon.......

chrizzy100
04-06-2004, 17:15
<blockquote id="quote" class="ffs">quote:Originally posted by flying chippy
Thanks for your replies, why should the kids 18 & 14 not have SS numbers. how do you get on for things like driving license & bank accounts when they almost always ask for these??
chris
[/quote]

You don't always need a SS number...each States has different rules...me and my kids never had one until we got our greencards......some States will tell you you can't get a driving licence without one......but in most cases that is untrue......it just takes a bit more work on your part.......

flying chippy
05-06-2004, 01:24
The elder will be training for Airframe & Powerplant. Which gives him FAA--Federal Aviation Administration Certification. In laymans terms, he can repair and certify the aircraft we fly to & from Blighty. Surely thats got to be worth a visa!!!

blott
05-06-2004, 02:18
Only if there's a company with a vacancy that's prepared to go through the lengthy and difficult process of applying for him and there are no Americans qualified to do that...

esprit
05-06-2004, 05:28
Moreover he will need a bachelors degree or lengthy work experience before he can get a sponsorred work visa. This is an immigration issue not a worl issue. It isnt that the employers wont want to eomploy him. it is illegal for them to do so without a SS number and the right work visa. Is the course he is doing bachelors?? An associate of science degree isnt enough.

flying chippy
05-06-2004, 15:57
There is a bachelors degree in Aviation Maintenance Management. It would be vialble for him to go on and do this one. I think it would be too much workload to try and attempt the two together.
As you are aware, not cheap though. But what price do you put on quality of life?
If he wants to learn & stay in the US, & all the time we can afford it, he can remain in uni.
I think he will persevere, we all prefer to be in the US.
Chris

chrizzy100
05-06-2004, 17:42
<blockquote id="quote" class="ffs">quote:Originally posted by flying chippy
There is a bachelors degree in Aviation Maintenance Management. It would be vialble for him to go on and do this one. I think it would be too much workload to try and attempt the two together.
As you are aware, not cheap though. But what price do you put on quality of life?
If he wants to learn & stay in the US, & all the time we can afford it, he can remain in uni.
I think he will persevere, we all prefer to be in the US.
Chris

[/quote]

It may be worth his time looking into if he needs to be an American to work in Aviation nowadays in the USA......I know I've seen a lot of jobs in Aviation where you have to be ....its just a thought....

Corny
07-06-2004, 02:24
I note with interest something Esprit says about training to be a nurse. We seriously looked into moving to US in April, when a business came up for sale in the same trade we are in. It came with the E2 visa, but we were concerned with all the restrictions and the lack of being able to settle in the states after all our hard work in the future. As our girls are 7 and 3, we didn't want them to grow up American, then move back here.

As I am due to return to work when my youngest starts school, I was keen to start a new career, and nursing was one of the options. Obviously, if I could do this in the States, that would be great! However, how do we move over as a family for me to train? Would my husband still have to purchase a business on an E2 visa, or would my training get me in? I also thought that if an American could fill the job, we couldn't get in, so doesn't that apply to nurses, or is there a shortage of them (like over here!).

Before anyone mentions the L1/2 visa, it doesn't apply to us - we don't employ enough staff!

Jayne.

chrizzy100
07-06-2004, 03:31
<blockquote id="quote" class="ffs">quote:Originally posted by Corny
I note with interest something Esprit says about training to be a nurse. We seriously looked into moving to US in April, when a business came up for sale in the same trade we are in. It came with the E2 visa, but we were concerned with all the restrictions and the lack of being able to settle in the states after all our hard work in the future. As our girls are 7 and 3, we didn't want them to grow up American, then move back here.

As I am due to return to work when my youngest starts school, I was keen to start a new career, and nursing was one of the options. Obviously, if I could do this in the States, that would be great! However, how do we move over as a family for me to train? Would my husband still have to purchase a business on an E2 visa, or would my training get me in? I also thought that if an American could fill the job, we couldn't get in, so doesn't that apply to nurses, or is there a shortage of them (like over here!).

Before anyone mentions the L1/2 visa, it doesn't apply to us - we don't employ enough staff!

Jayne.
[/quote]

I can send you a link to a forum that have people that could answer your questions if you like......

You train as a nurse in the UK....then take the US exam to be able for work over here ......Sue on the other forum has done all of it I think....and shes left some links on that forum for others to read......you don't have to join unless you wish to ask a question.....[msnsmile2]

esprit
07-06-2004, 05:06
My son was going to train to be a nurse here. No places at public college here in Orlando to do nursing for anyone except US citizens and green card holders. When I asked why, I was told they had such a shortage of nurses here that they cant waste places on foreigners who might train and then go home so the US would lose the benefit of their training. My protestations that he never wanted to go home and would immediately use his nursing to get a green card fell on deaf ears. I think you can get private university places. Florida Hospital do a nursing course at $212 per credit hour but it is run by the 7th Day Adventist Church and there was large amounts of compulsory religion each week. Colleges in different cities may have different rules but we couldnt afford to pay his living costs as well as the fees.

To come over here to just study nursing without another visa, you would need a F1 student visa, You have to prove that you can support yourself through the course and pay the fees by signing an affidavit of support, I think it was high about $25,000 per year and they want to see bank statements. You pay international students fees which are very high.
Alternative, to train in the UK and do the one year conversion course.

Other professions such as physiotherapy go straight to green card and radiology will get you an H1B. Both are limited access courses to visa holders. I had to go to college and plead with the head of healthcare for my E2 dependant son to be allowed to do a pre proefessional course in a health related field.

Corny
10-06-2004, 01:44
Hi Chrizzy100

Any links you have would be greatly appreciated - thanks!

Jayne.

esprit
10-06-2004, 02:08
Easiest way is to train in the UK and then do the one year conversion as Chrizzy says. It is mad that someone here already cannot get to train here whilst there is such a shortgage. Another of the visa Catch 22 situations.

Corny
10-06-2004, 23:27
Thanks for the link Chrizzy100 :)

Corny
10-06-2004, 23:28
Thanks for the link Chrizzy100 :)

Is there absolutely no way that I could start training over there without any nursing experience here?

chrizzy100
11-06-2004, 00:11
<blockquote id="quote" class="ffs">quote:Originally posted by Corny
Thanks for the link Chrizzy100 :)

Is there absolutely no way that I could start training over there without any nursing experience here?
[/quote]

There is a lady getting her visa through nursing on the FL site I give you......if anyone can help you...I'm sure she can.....:D

I think you have to have training in England.....but I'm sure she could tell you all the facts a lot better then I could..........:D

esprit
11-06-2004, 07:53
You could train at a private college. I know the Florida Hopsital has a course. But it isnt cheap. The public college courses are limited access in the Orlando area. That means it is difficult to a visa holder to get a place as they reserve them for citizens and green card holders. You could try elsewhere in the US.

RUSHBURY
12-06-2004, 03:11
Hi Esprit
In a previous post you mentioned that a rethink of getting an L1 Visa rather than an E2 Visa due to the restrictions - if possible could you help me with any further views on this and what the main differences are, my eldest daughter is 17 at the moment and intends to go to college.
Thanks
Helen

esprit
12-06-2004, 08:16
You can get a green card from L1 which means your kids get a green card and are entitled to stay after 21. On a green card, you can work, you can retire, you have all the rights of a citizen except voting.
You cant get a green card on E2. No chance of permanent residency. Your visa is tied to a business and you are there as long as you keep trading with renewal every 2-5 years.. Your kids right to remain ceases at 21 and they are out on their own trying to get a HiB if a graduate. This route should be OK, but they are cuttig back the number of HIBs every year. This year, there are a third the number of last year With no dgeree, well no future after 21 in the US unlesss they marry an American.

chrizzy100
12-06-2004, 19:38
<blockquote id="quote" class="ffs">quote:Originally posted by esprit
You can get a green card from L1 which means your kids get a green card and are entitled to stay after 21. On a green card, you can work, you can retire, you have all the rights of a citizen except voting.
You cant get a green card on E2. No chance of permanent residency. Your visa is tied to a business and you are there as long as you keep trading with renewal ecery 3-5 years.. Your kids right to remain ceases at 21 and they are out on their own trying to get a HiB if a graduate. This route should be OK, but they are cuttig back the number of HIBs every year. This year, there are a third the number of last year With no dgeree, well no future after 21 in the US unlesss they marry an American.

[/quote]

Its down to around 68.000 this year......58.000 next....I think its on its way out.....if the numbers get any lower.....then its going to be to much work trying to bring someone to the USA from another country.....

janice
13-06-2004, 04:50
In an earlier post by Esprit, it states that Blott is absolutely right in what SHE says, I have always thought Blott was Male[msnembarrased]!!!!!!!!!!!!

esprit
13-06-2004, 07:42
She will love that!! No she is very much female!!
Chrizzy, where are you gettung the quotas from?? Without H1B there is no future at all for E2 kids. It is worrying me sick.

chrizzy100
13-06-2004, 19:02
<blockquote id="quote" class="ffs">quote:Originally posted by esprit
She will love that!! No she is very much female!!
Chrizzy, where are you gettung the quotas from?? Without H1B there is no future at all for E2 kids. It is worrying me sick.
[/quote]

I've read it on a few visa sites now.......I'll try to dig out the links after the weekend.......

chrizzy100
13-06-2004, 19:14
<blockquote id="quote" class="ffs">quote:Originally posted by esprit
She will love that!! No she is very much female!!
Chrizzy, where are you gettung the quotas from?? Without H1B there is no future at all for E2 kids. It is worrying me sick.
[/quote]

Julie...here is a link .....

http://www.elinfonet.com/fedarticles/13/4/7

Its down from the 165.000 of last year......to 65.000...in 05....

http://www.computerworld.com/news/special/pages/0,10911,1407,00.html

esprit
14-06-2004, 07:55
Thanks Chrizzy. Surely if they stop HIB, they weill have to do something about all the US E2, L1 and H1B deoendants who are educated in the US. if they are all sent home. it will be a real ressource lost. With it taking up to three years for them to process green cards now, does anyone know what happens to these kids if they time out and turn 21 before the green card is issued??

chrizzy100
14-06-2004, 17:32
<blockquote id="quote" class="ffs">quote:Originally posted by esprit
Thanks Chrizzy. Surely if they stop HIB, they weill have to do something about all the US E2, L1 and H1B deoendants who are educated in the US. if they are all sent home. it will be a real ressource lost. With it taking up to three years for them to process green cards now, does anyone know what happens to these kids if they time out and turn 21 before the green card is issued??
[/quote]

They go home.....unless most of the work is done then your lawyer can file on their behalf for more time.......our lawyer was not to worried about our daughter......he was already filing for her to stay.....her card came only a few months before her 21st.....so facing this problem was on the cards.....I know the people at the lawyers office were more worried then he was.....and they worked very hard on the paper work.........

I don't think H1Bs will go.....the high numbers of the last few years are not the norm.......50.000 are more the norm.......but saying that a lot of Americans would like to see it go.....but s[bad language filtered out]ing it is not a vote winner yet.......

SueIP
15-06-2004, 01:06
Hi I am Sue that Chrizzy has mentioned.

The best way to get out there as a Nurse is to do your Nurse Training here. I am not 100% sure whether you can train out there in the usa but I do know you wont be allowed to work if you are - try this link and see if anyone can help you

http://allnurses.com/forums/index.php

I qualified back in 1989, and have been going on this journey to Florida since september 2002, and have just had my papers filed...I have been told that I could be waiting anything from 12-24 months before I even get out there - so I just hope my new Eployer is patient!!!:)

esprit
15-06-2004, 06:40
The amount of time it is taking to get a green card now is ludicrous. How can nayone expect an employer to hang around that long?? Working hard on the paperwork wouldnt cut it nowadays, Chrizzy.
You can train here if you can find a nursing course which is not limited access ( citizens and green card holder only). That is the hard part.