Published on the World Journal Weekly on February 7, 2016

Q&A 1

Former H-1B in U. S. on Visiting Visa Has Job Offer and Asks What is the Process

I have been in the U. S. now for 3 months under a family visiting visa from China, and a U. S. employer is willing to sponsor me for H-1B worker. I was H-1B before from 2012-2014 before leaving for China for the past year and a half. My questions are whether I am subject to the H-1B cap, and if not, what is the process that my employer would go through, and whether it makes a difference if I’m sponsored by my former employer (who is willing to do so) or a new employer.

Dear reader,

If you are here in the U. S. for family visiting purposes on a B-2 visa and did not come in for with the intent to change status, you can do so now with an H-1B petitioner. You are not subject to the cap, and an interested petitioner can do an H-1B with request for change of status. The process is the same as the last time, but the employer would indicate the basis of your not being cap subject on the H-1B data collection sheet.  Whether the employer is your old one or a new one does not matter as long as the job is a specialty occupation for which you qualify. Your old employer may save the fraud fee of $500 as he has already paid it with the past filing, but that is probably the only difference.

Q&A 2.

Do Traffic Violations Count in the Consideration of a Naturalization Application?

I have multiple traffic violations, including parking and speeding, but no DUI. I want to apply for citizenship, but I’m afraid that these will be held against me to deny my citizenship. Should I put them down on the citizenship form or not?

Dear reader,

The N-400 form for naturalization requests all information concerning traffic tickets, and it is safer to disclose the fact than to have an immigration examiner believe that you are not being honest. The type of traffic tickets that you have should not be an impediment to naturalization. However, the nondisclosure of such could be seen as a lack of good moral character, which would bar you from citizenship for 5 years.


Q&A 3.

Reader Wants to Know the Timing of an O-1 Petition with U.S.C.I.S.

I am currently on H-1B status with a company until July 2016. I have an organization which is interested in sponsoring me for an O-1 visa. The organization wants to know when it should start my petition.

Dear reader,

Current O-1 processing as stated on the U.S.C.I.S. processing time chart is 2 weeks for the California service center and 2 months for the Vermont service center. Your employer would submit the petition to the appropriate service center with jurisdiction over the place of employment. Your employer can file the petition 6 months ahead of the time that he or she needs your services. I do note that the processing time chart date is many times surpassed with the cases still pending. Your organization can also request premium processing in which U.S.C.I.S. will reach the petition within 15 days. The cost of premium processing is $1225.

Q&A 4.

What to Do When the Replacement Green Card Has not Arrived Past Immigrationís Processing Time?

A husband asks:

My wife’s 10 years green card expired and she filed for a replacement card.  She did the biometrics in 5/2015.  Unfortunately, as of today, she had not received the new card.  How long will it take to get a replacement green card?  Where should we go to trace her case?

Dear reader,

The U.S.C.I.S. processing time chart indicates that replacement green card applications are taking approximately 7 months to complete. If she has not yet received it by now, your wife can contact U.S.C.I.S. through its National Customer Service Center at 1-800-375-5283 to track her application.


Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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