Published on and the Epoch Times on April 15, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

Question Regarding Part-time H-1B

I have a Part time H1B visa valid until September 2016. My questions are: 1. Will I have to go through the lottery to renew or get extension? 2. Can I be converted to full time H1 if another employer employs me. If yes, what will be the process - will it have to go through lottery again.? Situation 2 : I am also eligible for H4 - EAD and I plan to change the status to H4. 1. In case if my EAD gets rejected, can I go back on my part time H1B again (without going through the lottery) ?

Mr. Lee answers:

Whether you have a part-time or full-time H-1B, you already have a cap number and are not required to go through the lottery process again to renew, get an extension, or have a full-time H-1B. In the event that you change to another status like H-4 and wish to change back to H-1B at a later point, you can do so without having to go through the lottery again.

Q&A 2.

O-1 Visa Sponsor Terminating Contract, Is L-2 Visa An Option?

Me and my boyfriend came to the USA about 1 year ago. We are both working for the same company here. He came on a L1 B from the London office, I came on an O1 visa, sponsored by the same company working on a full-time contract. There's a chance I'll be made redundant by my sponsor, as work is drying up. If I would marry my boyfriend who holds an L1B Visa, could I apply for an L2 visa? Could I also work with this visa? Would I have to leave the USA to apply for the L2 after we get married? Should I try to keep my O1 visa status until the L2 comes through?

Mr. Lee answers:

If you marry your boyfriend, you could apply for an L-2 visa, and that would allow you to work after obtaining permission from the U.S.C.I.S. If you are requesting a change of status with U.S.C.I.S. on form I-539 and it is approved, you would not have to leave the U. S. to obtain the L-2 status. If at some point in the future you wish to travel in and out of the U. S., you would have to be visaed with the L-2 before returning to the country. It is up to you as to whether to keep your O-1 status until the L-2 goes through. U.S.C.I.S. only asks that you have a legal updated status at the time of the application. Keeping the O-1 would have the benefit of affording you legal status if anything goes wrong with the L-2 adjudication. 

Q&A 3.

How Long Must I Work to be Able to Prove That I Am Able to Complete With the Requirements of the Affidavit of Support?

I am an American and my husband is a Chilean. My petition for his immigration has been approved. We received a letter that said:"The National Visa Center (NVC) received your immigrant visa petition from U.S. Citizenship and Immigration Services. We will work with you to complete your immigrant visa case and schedule your visa interview." The next steps require an affidavit of support. Since I have been living overseas with my parents, I have not been able to work. In August I will begin to work to be able to fulfill the affidavit requirements. I have 3 questions. 1) How long must I work to be able to prove that I am able to complete with the requirements of the affidavit of support? 2) How long will the processing take from this point to conclusion? 3) Can my husband come to the States at any point during this processing; either as a visitor, or through some other petition, so that we don't have to be separated

Mr. Lee answers:

Generally speaking, U. S. consulates want to see 3 years of tax returns to determine whether individuals have the wherewithal to financially sponsor relatives. From the time that the NVC acknowledges having received an immigrant visa petition and where there is immediate immigrant visa availability, the process takes approximately 4-8 months if there are no delays. Presently the NVC is experiencing backlogs and sending out notices to applicants that its review of documents is delayed by at least 30 days. From the time of selecting an agent, it will usually take up to 6 weeks for NVC to make the fee bill available. Immigration inspectors may allow your husband to enter as a visitor if they know you are sponsoring your husband, but only if convinced that he is making a temporary visit and will soon return to Chile.


Q&A 4.

Bring a Relative Over

Is it possible for my mother to bring her elderly aunt over to the States?  My mother has been financially supporting her for more than five years, she does have family in Mexico but because of family issues they refuse to help her.  She lives in horrible conditions a little shed.

Mr. Lee answers:

Unfortunately I do not see that your mother will be able to bring her elderly aunt to the U. S. even under the circumstances that you describe of her having financially supported her for more than 5 years, her family refusing to help her, and her living in a little shed. There is no petitioning relationship, and no indication that the elderly aunt would be a candidate for nonimmigrant visa in which she would be leaving the U. S. if she ever entered.



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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