Q&A’s published on Lawyers.com and the Epoch Times on November 23, 2018 1. K-1 Petition & Police Report 2. Can I Change my Current H-1B Visa to OPT Status? 3. H-1B Visa Fraud

1. K-1 Petition & Police Report

My K-1 petition for my fiancé to join me in the U.S. has been approved. We are in the interview process. Noticed a document required for interview is police report.  Are police records for each country he has lived in for 6 months or more over the age of 18. He is a refugee an unable to obtain these records. Are there any alternatives?

Mr. Lee answers:
Although no guarantee of success, your fiancé can show proof that he has attempted to obtain police records from the countries in which he has resided for six months and more since the age of 16. A good-faith effort such as giving all pertinent data about himself including addresses in each country and the specific period of time spent there may be helpful. Proof of delivery to the appropriate organ in the countries would be part of the good-faith effort. The appropriate agencies in each country for police records are contained in the Foreign Affairs Manual of the US Department of State.

2. Can I Change my Current H-1B Visa to OPT Status?

I entered US on F1 to do PhD degree in computer engineering. After I finished all the degree requirements except the dissertation, I have been employed as a visiting instructor and my employer changed my F1 visa status to H-1B for one year only, which is the actual duration of the contract. After that my school informed me that my SEVIS F1 record has been Terminated. As my contract is now approaching its expiry date, can I apply for an OPT visa instead? 

Mr. Lee answers: 
Optional practical training (OPT) is only allowed for those who are in F-1 status. Unless you are back in F-1 status, there is no authority to allow you to change from your present H-1B to OPT.

3. H-1B Visa Fraud

I had filed my H1B visa through some consultant called iLogic 8:53 pm. My application got picked in lottery but then consultant had to withdraw since he had filed one LCA for 4 applicants 8:54 pm I had paid him 5K dollar, he said if visa doesn’t happen he will return back $3.5K  but now he is refusing. Is there a way where I can get justice?

Mr. Lee answers:
Probably the best suggestion is to initially contact local agencies such as the Better Business Bureau or Consumer Affairs to see whether they can be effective in having your money refunded. There may also be other resources available, such as the immigrant affairs unit of the New York County District Attorney’s Office which attempts to resolve situations for victims of immigration fraud.  Failing that, you could go to local law enforcement and file a complaint against the consultant for fraud if the facts are as you state.