Published on and the Epoch Times on August 14, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

Notice of Intent to Revoke on an Expired H-1B Petition

I am working with the same company for 7 years. For one of the expired petition, my company received a NOIR. The immigration team has responded to USCIS with relevant details and it is under review. My current petition and visa is valid till Dec 2016. I need to travel to my homecountry in August, 2015. Is it okay to travel? Will I face any issue reentering US while the NOIR response is under review?

Mr. Lee answers:

If you have a current unexpired petition and visa valid until December 2016, you should have no problems with reentering the US while the NOIR response is under review. I assume that the response to the notice of intent to revoke will note the facts of your current legal status. 

Q&A 2.

Priority Country Switch

I was born in Nepal. But my family moved to India later. My I-140 is approved. Can I apply for I-485 using Nepal. If I can, can you please let me know what else I would need other than the date of birth certificate.

Mr. Lee answers:

Country chargeability for US immigration cases is based upon country of birth, not country of citizenship. As you are born in Nepal, your case would fall under the Nepal quota, and not that of India. A certificate of birth must have date of birth, the country of birth, location within that country of birth, and name of parents. A birth certificate should also be registered within a year of birth – otherwise secondary evidence of birth may be required such as old schooling certificates or affidavits by persons familiar with the facts of your birth. Below are excerpts from the Foreign Affairs Manual on what documents are acceptable to both the Department of State and U.S.C.I.S.:

Birth Certificates

Available. Reporting of births is voluntary, and records are not standardized. The best available evidence is a typewritten or handwritten letter with rubber seal issued by the secretary of a Village Development Committee (VDC) or mayor of a town where the applicant was born. If the child is born in a hospital, a hospital birth certificate can be issued upon request, but this document usually only records the date of birth, sex of the child, and the names of the child's parents; the name of the child may not be included. Effective April 13, 1977 the Government of Nepal required birth certificates to be issued from the Local Registrar office for the first time in ten districts of Nepal. 

Q&A 3.

What is the Difference Between a K-1 Visa and a FiancÚ Visa?

Mr. Lee answers:

There is no difference between a K-1 visa and a fiancé visa – they are both the same. Upon entry to the US under the K-1 visa, the fiancé and US citizen must marry within 90 days. Then the fiancé can apply for adjustment of status to permanent residence with U.S.C.I.S. 


Q&A 4.

Sponsor's Income

How much must a divorced single sponsor income be to support 2 aliens for immigration to USA?

Mr. Lee answers:

If the divorced single sponsor has no other individuals to support, the poverty guideline level to support two aliens is $25,112 income per year. In the event that the sponsor has others to support, he or she should add another $5200 for each additional dependent to reach the required level for support. 



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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