Q&A’s published on Lawyers.com and the Epoch Times – 11/3/2017 1.H-1B Transfer Query 2.Entry Without Inspection (EWI)? 3.What Do I Have to File Paper Wisely to Leave the Country After The Divorce? Can I Still Enter U.S. for Travel?

1. H-1B Transfer Query

Can you please help me evaluate below mention condition for my H1B Renewal/Transfer? I have a valid H1B Visa with employer A (India) and now I am working for Employer B (India). Employer B wants to file H-1B visa, in which category (Renewal/Transfer/Extension) H1B can be filed. I haven’t traveled to US any time during my previous tenure with Employer A. Both Employers were Indian company.

Mr. Lee answers:
In your situation, employer B would file an H-1B petition for you as a new petition, and it or its lawyer would have to explain why it is that you are not subject to the H-1B cap.

2. Entry Without Inspection (EWI)?

How is C1/D visa considered as EWI? As far as I know every time our ship came to USA, First US port our ship is mandatory to stop or dock for immigration check. All crew members got to see ICE/Immigration officer on the port. We’ll need to present our passport with US Visa then they’ll issue us they called it I-95 permits and will sign their log book so they’ll have a copy on their end that we are legally entered here in the USA. We need to have this in our pocket every time we go offshore in USA, if we don’t have this piece of paper in our pocket or we can’t present this paper if any ICE ask about this permit, the next thing we’d know u are going back home on that day. I just don’t understand about this I-95? It seems this is a one way permit and no one would recognize it. As a crew member I came here legally with proper docs and I am seeking to get my status adjusted in a legal way. 

Mr. Lee answers:
Under US immigration laws, a crewman is not adjustable to permanent residence. A C1/D visa is not considered EWI, but it is in a special class by itself.

2. What Do I Have to File Paper Wisely to Leave the Country After The Divorce? Can I Still Enter U.S. for Travel?

I am currently married and on my conditional resident card. We had been together for 5 years in total- married for less than a year. We are looking to get a divorce- I do not want to stay in the United States. I want to go to my home country- however I was wondering if I need to still file anything besides the divorce- and if I am still able to visit the U.S. for traveling (Under 30 days). Also am I able to file the divorce and sign it from my home country?

Mr. Lee answers:
You have a conditional residence card which will expire at the end of two years. The best course would probably be for you to notify U.S.C.I.S. in writing that you are divorcing, have no intention of filing an application to remove the conditions on your residence, and will be returning to your home country permanently. I suggest that you send such communication with proof of delivery. That may prove useful to you when you either apply for a visitors visa to enter the U.S., or if you are from a country under the visa waiver program, when you enter the country and are inspected by Customs and Border Protection. Whether you are able to file for divorce and sign it in your home country depends upon the law in your home country since you do not appear interested in living in the U.S. anyway.