Published on the World Journal Weekly on October 22, 2017

Q&A 1 2 3

I Was Deported Last Year Ė Can I Still Come in Under H-1B Visa If I Have a Sponsor?


2 years ago while under H-1B, I had an argument with my employer over his shady practices, left the company, and reported him to the labor department. He got mad and reported me to Immigration and I never knew that I was supposed to attend the hearing, so I was ordered deported. I didn’t know that I was deported until I tried to apply for a travel visa to come back. My skill is in great demand, and I can find another company quickly that can file for H-1B for me again. I only used up 2 years of time under the H-1B. Do I have to apply under the H-1B lottery again? If not, what is the procedure?

Dear reader,

You might be able to apply for another H-1B visa even after you have been deported by the US if you obtain permission to return. Since it appears that you already had an H1B visa and have not exhausted the six-year limitation, you would not be subject to the H-1B cap limit and an interested employer could sponsor you for another H-1B visa. You would generally be refused by the American consulate or embassy, and required to file an I-212 application for advance permission to return to the US after removal if the consular post recommends you for the filing. The application would then be forwarded to the U.S.C.I.S. Admissibility Review Office in the States which would make the final decision.

Q&A 2

Will My Sonís Cerebral Palsy Prevent Our Family From Immigrating If I Get Clearance Through a National Interest Waiver?

I work at a university and the research that I am doing is very cutting edge. I have multiple publications to my name, and people know me in the field. I want to apply for U. S. immigration under a national interest waiver (NIW), but am worried that we will have a problem in immigrating because of our son’s cerebral palsy. How much of a worry is it?

Dear reader,

Your son's condition is not a factor for U.S.C.I.S. to consider when you apply for an NIW. With the green card process, it would have to be demonstrated that you are able to support yourself and your dependents. The question of support can be answered by a job offer in the field of national interest. Without a job offer, you would have to show other means of financial support such as from a permanent resident or US citizen who would be willing to submit an affidavit of support (form I-134) with supporting documentation.



Q&A 3

Under H-1B, Can I Purchase A Motel, Hire A Manager, and Have Him or Her Run the Establishment?

I am in the U. S. pursuant to H-1B visa status and working full time for my employer. I am thinking to invest in a motel in New Jersey where I will own the motel 100% for my investment of about $250,000, and I will hire a manager who will run it for me. Can I do this under my H-1B status?

Dear reader,

Your H-1B visa status only allows you to work for your current employer. That being said, there is nothing to prevent you from buying a business and having other people manage it for you.


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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