Published on the World Journal Weekly on May 10, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

In TN Status, Can I Work for Another Company While Waiting for EAD Through Marriage?

I am from Canada holding TN (North American Free Trade Agreement professional worker) with company A. I just got married with a U. S. citizen and we will be filing for the adjustment of status to permanent residence and also for an employment authorization document. I know that it will take about 90 days for the EAD to be processed. Company B is very interested that I start immediately. Can I either transfer my TN to the new company or work during the time that my EAD application is pending with the U. S. government?

Mr. Lee answers:

U.S.C.I.S. does not allow those with pending year EAD's to work until the EAD is approved. Applying for another TN with the new company does not appear to be too much of an alternative inasmuch as TN requires you to have a nonimmigrant intent. If it is known that you have married (presumably with a US citizen), that could be a basis to deny you entry under a TN status. Probably the best thing for you to do would be to file for your green card and EAD as fast as possible and continue working with your original company until the EAD is approved. Please understand, however, that if you are filing for an adjustment of status to permanent residence, you are not allowed to leave the country except under advance parole even if your present company asks you to travel outside.

Q&A 2.

We’re Getting Divorced After Immigrating – How Will That Affect My Green Card?

Our entire family just immigrated to the United States through my husband’s job. We have been having difficulties and now we will be getting divorced very soon. How will that affect my green card?

Mr. Lee answers:

A divorce at this time would not affect your immigration status. You received permanent residence as a dependent and there does not appear to be anything fraudulent concerning your marital relationship with your husband. So your green card status would not be jeopardized.

Q&A 3.

Can DACA Holder Apply for Advance Parole to Visit Father’s Grave in China?

I was awarded DACA approval in 2013 and want to know if I can obtain advance parole to visit my father’s grave in Guangdong China. I came here with my mother when I was 5 years old and have never seen my father since. He died last year. Does this count as a humanitarian reason for applying for advance parole?

Mr. Lee answers:

The criteria for advance parole in DACA cases is that the reason must be humanitarian, school or business related. The situation that you describe here would not appear to fit within the emergent type of circumstances that are envisioned by U.S.C.I.S. Situations that are generally seen as humanitarian are visiting a close relative who is very sick or dying with appropriate medical evidence of the seriousness of the sickness.

Q&A 4.

Can I Change Employers While on OPT to the Company that Just Sponsored Me for the H-1B in April?

I am working with company A on my optional practical training (OPT), but another company (B) has just sponsored me for the H-1B visa in April. That company now wants me to begin working with them immediately. At the time that we applied for my H-1B, all the proof was that I was working for company A. Will there be a problem, especially with the H-1B application, with me switching my OPT to company B at this time?

Mr. Lee answers:

I assume that your new employer applied for you under a cap H-1B. If you are selected and the H-1B approved, your OPT is extended until September 30th. I do not see any issue on switching your OPT to a new employer as long as it is still valid and within your field of study. Any changes of employment should be reported to the designated school official so that he or she can update your I-20 form.


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.


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