Published on and the Epoch Times on September 9, 2016

Q & A 1. 2. 3. 4.

Q&A 1.


My PERM filed by my previous employer (2012) is denied and now in BALCA since last 10 months. My 6 year will be completing in Dec. 2016. Can my current employer use this Pending PERM to get 1 yr H1-B extension?

Mr. Lee answers:

When a PERM case is denied and appealed, U.S.C.I.S. considers the matter still pending and will allow an extension past the sixth year under the American Competitiveness in the 21st Century Act (AC-21).

Q&A 2.

F-1 to F-3?

My brother’s category is F-1 and the priority date is current.  But he has been married from 2 years and has a 1 year old kid. I am confused what to do next? Is there any way NVC process his wife and kid too with him without changing his priority date. if yes than which document he has to give the NVC?

Mr. Lee answers:

Since your brother is married and now has a one-year-old child, his case is automatically transferred from the F-1 to F-3 category for married sons and daughters of U. S. citizens. He gets to keep the old priority date. He should notify the National Visa Center of the changed conditions and ask to have his wife and child included in the F-3 application. Documents which are required are passport copies of wife and child, marriage certificate and proof of termination of all prior unions, and birth paper of the child.

Q&A 3.

What If My Visa Expires During My Application Process for a Green Card and I Get Rejected for a Green Card?

Is there a way where I won't be penalized and able to come back into the country without a time limit?

Mr. Lee answers:

If an individual has a current visa status at the time that he or she files an I-485 adjustment of status application with U.S.C.I.S., he or she is allowed to remain in the country pending the determination. He or she will also not accrue any illegal presence which would subject an illegal individual to 3 or 10 year bars upon return during the time of the adjudication. If the I-485 is denied and you leave the country before 180 days have passed, you would be able to come back into the country without a time limit or bar as long as the U. S. consulate consents to give you another visa. 


Q&A 4.

Is It A Good Practice to Submit L-1A Extension (Normal Processing) and Subsequently File Green Card Under EB-1C Within a Week or Two?

I am on a L-1A visa and have previously got my visa extended in USA. This is my final extension. My company is about to file my L1A extension under normal processing. Soon after (within a week or two) they plan to file my GC under EB-1C category. My I-94 is valid till 10/30/2016. I am thus eager to know, if above is the right strategy? Should I file my L1A extension using premium processing? OR should I wait till my L1A extension gets approved and then file my green card. I just want to make sure that my intent and actions are within the boundaries of good practice. 

Mr. Lee answers:

There is nothing wrong with the way that your company intends to process your case. The L-1 visa is one that is dual intent – that is, a beneficiary can have both the intent to immigrate and the intent to stay in the U. S. on nonimmigrant visa only. The order of whether to file the EB-1C petition at this time or later should not matter. The adjudication of the EB-1C category case will usually take longer than the processing of an L-1 extension anyway. Generally speaking, trouble with the EB-1C I-140 petition does not have much impact upon an L-1 extension in our experience. However, if you are concerned, you can ask your company to file the L-1 extension through premium processing and wait until it is approved before filing the EB-1C case.



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.


  View Alan Lee's profile

 View Alan Lee's LinkedIn profileView Alan Lee's profile