Premium Processing Times

carl.mav · Post by **carl.mav** » Tue Mar 04, 2008 9:45 am

From my understanding, there is premium processing available for H1 and EB3 visas. If my potential employer pays for the premium processing, does that mean that I would be able to start working sooner? Or does the premium processing just give a yay/nay, after which the regular processing times apply to actually have the visa in-hand?

I'd be interested to know (theoretically) when I could start working if my potential employer submits either a H1 or an EB3 petition with premium processing on April 1, 2008.

nelsona · Post by **nelsona** » Tue Mar 04, 2008 10:49 am

There is no EB3 visa. EB3 is a category of Green Card. Green cards have no premium processing.

There is no point to filing a premium H1 (form I-129), since, H1 cannot take effect before Oct 01, 2008, and must be submitted on April 1, 2008. Even the slowest processing will get this done in plenty of timne to start work on Ovct 01, which wouyld be the earliest you can start.

carl.mav · Post by **carl.mav** » Tue Mar 04, 2008 11:21 am

OK - thanks for the clarification. So I would be looking at an Oct. start. Is there any way I can work from Canada for them in that time, say, as a consultant? Would I be able to make frequent trips there in the mean time?

Another thought I had was to ask them to create the position here in Canada, then I would transfer after 1 year on an L1. This is based on the idea that I won't be limited in any way from spending a couple of days per week in the US on business. Are there any flaws in this plan off the top of your head?

Thanks so much for your help!

nelsona · Post by **nelsona** » Tue Mar 04, 2008 11:28 am

can you simply get a TN.

It is unlikley that you will get an H1, due to sheer numbers.

nelsona · Post by **nelsona** » Tue Mar 04, 2008 11:30 am

US firms with no presence in canada are often reluctatnt to put a Cdn on Cdn payroll as it creates reporting nightmare for them.

To work in US even as a contractor, your work nneds to fit in certain criteria, in which case you might as well get TN

carl.mav · Post by **carl.mav** » Tue Mar 04, 2008 11:31 am

I was told I don't qualify for a TN as my job title does is in the list of acceptable ones. What about the L1 scenario?

carl.mav · Post by **carl.mav** » Tue Mar 04, 2008 11:33 am

Oops - crossing messages. Sorry about that.

carl.mav · Post by **carl.mav** » Tue Mar 04, 2008 11:34 am

The do have operations in Canada. They probably employ a few thousand Canadian workers...

carl.mav · Post by **carl.mav** » Tue Mar 04, 2008 11:36 am

[quote="carl.mav"]I was told I don't qualify for a TN as my job title does is in the list of acceptable ones. What about the L1 scenario?[/quote]

Sorry, I meant to say it is NOT in the list of acceptable ones.

nelsona · Post by **nelsona** » Tue Mar 04, 2008 11:39 am

Then L1 will work.

carl.mav · Post by **carl.mav** » Tue Mar 04, 2008 11:43 am

That's great! Thanks.