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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94817
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a Canadian Citizen living in Canada now, with an autistic

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I am a Canadian Citizen living in Canada now, with an autistic daughter born in the USA. I completed B.A in 2005 in the states, I have been working in banking/business for over 10 years. I have an approved I-130 with a priority date of Sep 2002 in the F4 category. I am looking to go back to the states
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.




Do you have a job offer at the moment? If so, in what? Or do you have money to invest? How much?
Customer: replied 10 months ago.

I constantly get job offers for Banking Center Manager but due to my expired EAD and the fact that most employers are not willing to sponsor I have not been able to accept employment.


I worked with a EAD with an American Bank for 4 years, and a Canadian Bank for 4 years as well.


 


At this time I do not have the require min to invest

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Well, you basically then have three choices and the first two are not easy because of the harsh economic times that we are in. There are many unemployed U.S. workers looking for jobs and few jobs available. So USCIS will not easily approve a worker visa even if you are able to find someone to sponsor you:

1) If you can find someone to sponsor you, and you can get the right type of job offer, like perhaps under “economist”, you can try for a TN visa. Here is a link to that:

http://travel.state.gov/visa/temp/types/types_1274.html

The problem with the TN visa is that since you have the I-130 almost ready to go, you have clear immigrant intent and they may not approve you simply because of that.

2) For the H-1B professional visa, immigrant intent is not an issue as it is a dual intent visa. For the H-1B, the job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelors degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2014 to start working on October 1, 2014 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is an official link to the H-1B:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD

3) You can wait for the I-130 Priority Date to become current and that should take about a year, maybe less and then you can immigrate like that and be able to work as soon as you enter the U.S.

I am truly sorry. I wish there were more and better options, but until immigration reform comes out (which no one knows when and if that will happen), the options are limited.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94817
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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