Q&A’s published on Lawyers.com and the Epoch Times on July 12, 2019 1. International Student- Using TPS Work Permit to Do Paid Summer Internship, Is It Okay? 2. Do I Have A 60-Day Grace Period After My Job Ends Early? 3. Immigration – Two Cases

1. International Student- Using TPS Work Permit to Do Paid Summer Internship, Is It Okay?

My brother is an international student from Nepal. He recently got his TPS and he is trying to use the TPS work permit to do some paid Internship in Summer related with his studies. I have some concerns: a) Should he do that, what will be your recommendation? b) How it will impact him once the TPS expires next year. c) Just want to make sure with Legal professional that he is not doing something that can cause Immigration problem for him in future?

Mr. Lee Answers:
If your brother is an international student holding valid status as a student, his work under a TPS work permit would be violative of his student status even if authorized by U.S.C.I.S. in my opinion.  He could have another option to perhaps obtain curriculum practical training or pre-completion practical training from the institution to work in his paid internship as you say that it is related to his schooling. I encourage him to discuss the matter with the designated school official (DSO).

2. Do I Have A 60-Day Grace Period After My Job Ends Early?

I am an H1-B visa holder. My job here in the US was supposed to last three years but my employer informed me in April 2019 that my position will end on 30 July 2019 (a full two years early). Will I have until the end of September to leave the USA?

Mr. Lee Answers:
You would have a 60 day grace period to leave the United States given the fact that the employer would have ended your job a full 2 years before the ending date of your H-1B petition. U.S.C.I.S. believes that under the circumstances, you can use the time to find another position, change status, or leave the U. S.

3. Immigration – Two Cases

I came in US on J1 visa and applied for religious asylum, I got my work permit and I have SSN. But then I met my boyfriend and first we were friends but later on it became more than that. Day by day with him and I started to change my religious views. I realized that that religion is not good. We want to get married but we both don’t know what is the best option because I cannot be in two processes at the same time. What do you suggest to me?

Mr. Lee Answers:
At a 2017 meeting of the New York American Immigration Lawyers Association chapter with the New York City District Director and chief of staff, a member of the audience suggested a solution to a situation like yours – that you request the asylum office to put your case on hold while pursuing an adjustment of status application based upon marriage. You could also request the asylum office to cancel your case. I assume that your boyfriend is a U. S. citizen and that your religious asylum case is pending with U.S.C.I.S. and not in the immigration court. If either of these 2 situations exists, my answer may be different.

Q&A’s published on Lawyers.com and the Epoch Times on July 5, 2019 1. Can I Transfer My H-1 In This Condition? 2. My Husband Is a Citizen Here But Is Unemployed For a Few Months Now. Is It Possible for Him to File Immigrant Papers For Me? 3. My girl friend and I want to get married and we both not from USA. My question is can we get married and can we get the green card?

1. Can I Transfer My H-1 In This Condition?

I have a valid H-1 visa and already on 6th year on H-1B. I am looking for some employer who can file green card for me. My Visa from current company is in extension process and have received (Request for Further Evidence) RFE on the same. My Employer will respond to that RFE but I have a following questions – 1. Can I transfer my H-1 to other employer who can file GC for me in this condition? 2. If yes can i start working immediately with new employer once transfer is filed? Will it be too much risky. 3. Shall I wait for Approval to complete? 4. Can other employer start my GC if I am not in his payroll till labor approval?

Mr. Lee Answers:
In your situation, you can transfer to another employer and begin working immediately once the transfer is filed. The risk is that a failure of U.S.C.I.S. to approve the transfer means that you will be considered out of status. Whether to wait for your approval to be completed is up to you, and you would have to take into consideration your wishes for safety and permanent residence. Perhaps the employer can expedite your filing under premium processing.  A new employer can begin your green card process even if you are not on the payroll. An employment based PERM case does not require the beneficiary to work for the employer until permanent residence is approved.

2. My Husband Is a Citizen Here But Is Unemployed For a Few Months Now. Is It Possible for Him to File Immigrant Papers For Me?

Mr. Lee Answers:
Even if your husband has been unemployed for a few months, he may still be able to file for you, especially if he or you has a friend or relative who is willing to be a joint sponsor and capable of taking on the support obligation. In such case, your husband would fill out an affidavit of support on form I-864, and the friend or relative would fill out another I-864 and check mark the form as a joint sponsor.

3. My girl friend and I want to get married and we both not from USA. My question is can we get married and can we get the green card?

Mr. Lee Answers:
Usually people from other nations have no problem getting married in the United States. However, being married does not confer any particular advantage towards getting the green card. Most immigration to the U. S. is done through family-based petitions in which one party is related to someone who has permanent resident or U. S. citizenship status, or through employment-based petitions in which an employer plays a central role. Whether you can live here normally without any problem if you do not have any status will probably depend upon the ongoing story of ICE enforcement under the Trump administration.