Q&A’s published on Lawyers.com and the Epoch Times – 09/01/2017 1. H-1B Filing for New Cap 2. Married to US Citizen But Thinking to Divorce 3. Looking for An Immigration Lawyer Near Elko, NV

1. H-1B Filing for New Cap

I initially came on H1 Visa in 2005 and went back to my home country in 2010. 4 years of my visa was used. Recently I have claimed the 2 years and back in US, which is valid till July 2018. My question is, can my company file for a new H1 (Uncapped) for 2018, while I am still working for them with the 2 years (renewed cap exempt visa).

Mr. Lee answers:
Unless there are extenuating circumstances such as 365 days passing since a labor certification application was submitted or an I-140 preference petition being approved for a person from a country with backlogged quota, you would not be able to extend the maximum six-year period on the H-1B visa by having your company file for a new H-1B (capped or uncapped) in 2018.

2. Married to US Citizen But Thinking to Divorce

My sister is married to US citizen for 2 yrs and received her green card (expires in 2 yrs) recently. They have many issues and she is thinking about divorce but not sure what will happens to her residency?

Mr. Lee answers:
Your sister could still obtain her permanent card if she divorces and is able to prove to U.S.C.I.S. that she had a bona fide marriage to her husband prior to the divorce. If so, she should collect and hang on to all documentation showing that they have been living together. These would include items such as copies of leases or deeds, rent receipts, utility bills, banking statements, telephone bills, cable bills, credit card bills, car, life, or health insurance, etc.

3.Looking for An Immigration Lawyer Near Elko, NV

We are looking for an immigration lawyer that can help my fiancé get her son’s papers so that he can be here with us in the states permanently…he lives in Mexico.

Mr. Lee answers:
Persons looking for immigration lawyers do not have to look for lawyers in their immediate vicinity. Immigration law is such that most cases do not require a lawyer within a proximate area. For the type of case that you are talking about, the petition would not go to a local immigration office, but to one of four U.S.C.I.S. service centers after first being receipted by a lockbox facility in Texas. Following a service center approval, the son’s case would be shuttled for further processing at the National Visa Center in Portsmouth, New Hampshire, before being sent for consular processing to the American Embassy in Mexico City or Consulate in Ciudad Juarez.