Published on Lawyers.com and the Epoch Times on August 17, 2018
Q & A.
J-1 Visa & H-1 Visa
I am currently on J-1 visa, and I am medical resident with Marshall University in WV. I will sign a contract with university of Arkansas. My question is tha I am getting married in September and I have to travel to Jordan in order to do so. If I change my J-1 visa to H-1 to start the process for the license before September, do I have to enter USA on H-1 or I can enter through J-1 visa which is valid for 4 years from now. If this is the case would it be late if I wait tell Oct. after I come back from my honeymoon to start the H-1 visa process. I need to start working by Jan or Feb.
Mr. Lee answers:
If you need to start working by Jan. or Feb. and are getting married in Sept., I will assume that your J-1 will continue with Marshall University and that the H-1B will be with the University of Arkansas. So if you intend to continue your J-1 with Marshall University when you return, the appropriate visa would be the J-1 even if the H-1B petition is still pending or approved. Please note that if the University of Arkansas is filing for a change of status, leaving the U.S. during the pendency of the H-1B is considered an abandonment of the change of status.
To meet the timeline of Jan. or Feb., the University of Arkansas could file your H-1B petition in Oct. and hope to have it approved in time. The University would be filing at the Vermont Service Center which is presently processing cases anywhere from 3 weeks to 4 months. It could also request premium processing (if the case is pending and the time is near) under which U.S.C.I.S. will reach the petition for adjudication within 15 calendar days for an additional fee of $1225 and the filing of form I-907.
Will It Impact My H-1B Appeal Case If I Have a New Job When I Wait For the Result?
I'm now working for employer A with my full time CPT, A applied H-1B for me this year but it was denied, we just submitted motion for reconsideration. Heard the appeal process could be 1 year long. If I transfer my CPT and work for employer B, will it impact my H-1B appeal case? If new employer applies H-1B for me next year, will it impact my H-1B appeal case?
Mr. Lee answers:
As long as employer A continues with your motion for reconsideration, your H-1B matter would not be affected by your transfer of CPT and working for employer B. A petition by your new employer for H-1B status next year would also not impact your H-1B appeal case as long as the first employer is willing to continue.
Change Visa Status From B-2 to F-2?
I am currently in United States on B-1/B-2 visa which is expiring on August 2018. My wife is on an F-1 visa and we are staying together. We both have marriage certificate from U.S. office, I-20 updated with both of our names, my letter, her bank statement, and passports. The only confusion that I am getting is regarding the sponsorship letter in the U.S. Do I have to show this stating that I will sponsor myself or my spouse should show that letter from her side? Are the letter and bank documents sufficient stating that I/her will provide all the expenses during my stay in the United States?
Mr. Lee answers:
U.S.C.I.S. is concerned over your ability to be adequately supported during the time that you are under F-2 status so that you are not tempted to work unlawfully in the country. You can provide your own letter explaining how you will be financially supported. If you or your wife have sufficient financial resources, you could show that. If your wife has a financial sponsor for her F-1 schooling, that same financial sponsor if capable could also provide you with an affidavit of support. An affidavit of support can also come from any other reliable source and is usually done with an I-134 affidavit of support form, job letter, bank letter or latest banking statement, and the last year's tax return.