Published on and the Epoch Times on July 1, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

Do I Need Client Name on Offer Letter

I have a RFE raised against my application and an offer letter is requested to produce. I work with a company in India who has an office in USA. It’s not a consultancy and I won't be working on contract with any client. In such situation, do I need to have a client name on the offer letter produced by my company? The details provided are state and compensation breakup. Is this sufficient?

Mr. Lee answers:

Your company cannot be forced to produce a client name on an offer letter if there is no client at which you will be working. The company officer or lawyer entrusted with your immigration application should study the RFE to see exactly what is requested in the offer letter and comply with the request. The company can also explain in a response letter how your job is different – why your job does not involve a consultancy if other positions in the company do. 

Q&A 2.

I Got An Offer From a University But I Have Not Got My Ph.D Yet.

Job positing says position is Ph. D required. Can I get a H-1B issued before I get Ph.d?

Mr. Lee answers:

You can certainly have an H-1B approved and issued before you obtain your PhD even though the job posting says that a PhD is required for the position. U.S.C.I.S. only requires that the position be one for a specialized occupation and that you have at least a baccalaureate degree related to that occupation. 

Q&A 3.

Relocation Within USA on H-1B Visa With Visa Extension in Progress

I am working in Michigan for a client A and have filed my H1B extension with the same client with Michigan as work location. Due to a sudden assignment change I have to relocate to Virginia and work for client B. As per the new rule I have to file an amended petition (new LCA) however I was not sure that whether that amendment would be for my petition that is already approved or would it take care of my extension which is filled with client A.
Mr. Lee answers:

Under present U.S.C.I.S. guidelines, a move such as yours means amending the LCA and H-1B petition. When you are filing an H-1B amendment, you can also file for an extension of time. 


Q&A 4.

Do I Need to File Anything to USCIS If My Spouse (Petitioner) Quite Job Become Self Employed While I Am Holding My Conditional Green Card

My Husband (US Citizen) is my sponsor while file I-485 together with I-864 last year, we got approved and I have had my conditional green card for almost a year. My husband recently decides to quite his job and starts his own company, is there anything we need to do to notice the USCIS?

Mr. Lee answers:

There is no requirement that you or your husband file anything during the time of your conditional residence if your husband quits his job and starts his own company. When you are filing the form I-751 application to remove the conditional basis of your residence status, U.S.C.I.S. will expect paperwork demonstrating a bona fide marriage if you are filing on a joint basis with your husband, which paperwork will include his current financial situation. 



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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