Q&A’s published on Lawyers.com and the Epoch Times – 1/12/2018 1. Renewal of Driver’s License 2. H-1 Cap Exemption Without Change of Status 3. During My Asylum Case is Pending, Can I Work With EAD and Keep My F-2 Visa? 4. C1/D Visa

1. Renewal of Driver’s License

My driving license has expired 6 days back. I am on a work VISA and my company has applied for an extension of my VISA. The petition is still under review and I have received a receipt notice of action. But the DMV will not accept the I797C receipt notice to renew my license even though I am legally allowed to stay in the United States for no later than 240 days or till the time my petition is approved or denied. How can I get a temporary drivers license? 

Mr. Lee answers:
Your petitioning organization may consider putting in an application for premium processing on form I-907 if the petition is eligible for expedited processing. The cost is $1225, but U.S.C.I.S. promises to reach your case for adjudication within 15 calendar days of receiving the request.

2. H-1 Cap Exemption Without Change of Status

Currently I am on H-4 on maternity leave. My company is filing for H1 cap exemption without change of status since I am still in maternity leave. I have 2 queries as below: 1) Can the H1 cap exemption be filed without change of status? 2) If the petition is approved do I need to exit US and come back with the stamping. 

Mr. Lee answers:
An H-1B cap exempt petition can be filed without a change of status. However, when the petition is approved, the beneficiary must go outside the US for consular processing and return in order to be legal under H-1B status. In order to be under H-1B status without exiting, the change of status must be requested when the petition is filed.

3. During My Asylum Case is Pending, Can I Work With EAD and Keep My F-2 Visa?

I am visa F-2 holder. My wife has just started PhD program. I applied for religion asylum and recently got my EAD. I want to keep my F-2 status because if my asylum case would be denied, I can stay in the US legally with F-2 visa. The university consultant told me if I work with my EAD I will not be F-2. However an attorney told me you are F-2 whether use your EAD or not. It is confusing. 

Mr. Lee answers:
An F-2 holder is not allowed to work, even under an EAD. So if you work under the EAD, you would violate your F-2 status. If you wish to maintain your nonimmigrant status, you should not work.  There does not actually appear to be much controversy over the policy.  

4. C1/D Visa

My daughter’s father works for Royal Caribbean international as engineer with a C1/D visa . He also has a B1/B2 visa. He is signing off his ship on Dec 29 in Jamaica on his C1/D visa . Can he fly directly to the USA on his B1/B2 visa to stay in the US for 3 weeks with his family until he is schedule to join the ship January 16 in Fort Lauderdale? He is a Romanian Citizen.

Mr. Lee answers:
A C1/D visa presents the situation where the individual is in transit in the US (C-1) to join the ship (D). That does not appear to be your daughter’s father’s intent when he enters the US. As he has a B-1/B-2 visa, he can explain his situation to the immigration inspector at the airport when he arrives. I believe that he would be admissible under the B1/B2 visa for the purpose that you described.