Published on Lawyers.com and the Epoch Times on July 25, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Dual Citizen Required to Register for Selective Service

Canadian and US citizenship holder. Living in Canada since 2001. May want to work in US.

Mr. Lee answers:

I have not heard that there is an exemption from registering for selective service for an American who is a dual national and living in another country.  You should register between the ages of 18 and 26. 

Q&A 2.

Can My Wife Start Working on Approved H-1B From 1st Oct While Being in U.S. on H4 Without Leaving U.S.?

I am on h1b visa. My wife has got h4 visa but she is not in US. She is living in India. If employer files h1b for my wife as a fresh h1b petition (without change of status) for April 2014 then will that be any problem? My wife is planning to come to US in August 2014 on her h4 visa but then to start working on h1b form Oct 2014, is it required to do stamping in home country? or without leaving US, will she able to work in US on h1b from 1st Oct ? Is there any other procedure we need to do in this case if she come on h4 visa and want to work on h-1b visa from 1st oct?

Mr. Lee answers:

As your wife's employer will be filing the H-1B without a change of status since she is not in the US, she must consular process the H-1B at an American consulate or embassy. She could start checking with the consular post sometime in July to see when she can make the application if she is applying for a cap H-1B assuming that the petition is approved. Her coming to the US in August 2014 will do nothing to authorize her work under H-1B status in October. 

Q&A 3.

Green Card for Mother in US on B2 Visa

My mother is currently in the US on her B1 Visa. She was visiting to be with my wife and I for our second child's birth. The child birth ran into some complications with an emergency C-section and my wife and child needing extra care. I have also ventured into a new start up business and will be busy with work and being a full time college student. My mother would like to stay on but her B2 Visa expires on April 3rd. I am a US citizen and would like to apply for her green card. This was an unexpected turn of events. I would like to know if it is ok to apply for a green card. If she is rejected for some reason, would she not be allowed to apply again? Also would we need an attorney present during the interview? Can I accompany my mother as an interpreter?

Mr. Lee answers:

Given the change of circumstance and that it not appearing that there was any preconceived intent for your mother to stay at the time that she entered the States, you should be able to apply for her green card without her having to leave the country. If she is rejected, she can file a motion to have her case looked at again. She may in some circumstances be able to refile. Most cases involving a US citizen applying for a parent are interview-waived. If there is the need for an interview, you are expected to accompany your mother to the interview. An attorney's presence at interview would be a decision for both you and your mother. I note that cases of this variety are generally not of the more difficult types of immigration cases. 

Q&A 4.

I Am Authorized to Work on My CPT. My Employer Paid Me in Personal Cheque. He Says Payroll Isn’t Set Yet As It’s a New Company.

Can I cash the personal cheque? I tried once but the bank(Chase in his case) asked for SSN / passport for ID proofing? Is it ok to cash a personal cheque for a foreign national? Is everything reported to IRS / Immigration Sevices if I cash the personal cheque?

Mr. Lee answers:

CPT is allowed under the aegis of the school and the employer is designated on the I-20 form. That being said, it may certainly be understandable that an employer in a new company may not be completely set up to issue company checks. I suggest that your employer write a letter on company letterhead explaining his situation and why he must issue personal checks instead of company checks. He can also affirm that the job duties are as the initially represented to the school. 

Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.