Premium Processing Times

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carl.mav
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Joined: Tue Feb 19, 2008 1:04 pm

Premium Processing Times

Post by carl.mav »

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
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Post by nelsona »

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.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
carl.mav
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Joined: Tue Feb 19, 2008 1:04 pm

Post by carl.mav »

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
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Post by nelsona »

can you simply get a TN.

It is unlikley that you will get an H1, due to sheer numbers.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
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Post by nelsona »

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
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
carl.mav
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Joined: Tue Feb 19, 2008 1:04 pm

Post by 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?
carl.mav
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Joined: Tue Feb 19, 2008 1:04 pm

Post by carl.mav »

Oops - crossing messages. Sorry about that.
carl.mav
Posts: 9
Joined: Tue Feb 19, 2008 1:04 pm

Post by carl.mav »

The do have operations in Canada. They probably employ a few thousand Canadian workers...
carl.mav
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Joined: Tue Feb 19, 2008 1:04 pm

Post by carl.mav »

[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
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Post by nelsona »

Then L1 will work.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
carl.mav
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Joined: Tue Feb 19, 2008 1:04 pm

Post by carl.mav »

That's great! Thanks.
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