Published on Lawyers.com and the Epoch Times on March 11, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

What is the Best Way to Change Job on L1A Visa Status

I am currently working in USA on L1A Visa. I now have a potential job offer from another US based Employer. Can the new US based Employer hire me on Green Card direct? In case Green Card is not a viable option, what is the best option the new Employer can hire me on board? In case the Visa is the only option, what type of Visa? How soon can the new Employer apply for the Green Card & under which Category? I am an experienced Professional c/w Bachelor's of Engineering Degree having 10+ Years Experience in Oil & Gas Industry.

Mr. Lee answers:

As you know, your L-1A is based upon your employer being related to an overseas organization in which you served prior to coming to the States. If the oil and gas industry in the U. S. was in the dire straits of earlier years, you could possibly be sponsored directly for the green card under a national interest waiver. That might prove not to be so viable in these times. Hopefully the new US-based employer will apply for an H-1B petition for you in the first 5 business days of April if it is inclined to put you on an H-1B status. If you are very well-known in your field and have recognized achievements, you may be eligible for an O-1 extraordinary alien visa. In such case, you may also be eligible for EB-1A recognition for the green card. Finally if you are a recognized researcher in the field of oil and gas with publications or patents and recognition for your research, you may be eligible for EB-1B recognition as an outstanding researcher. If qualified for either EB-1A or EB-1B, you could possibly go directly to the green card. 

Q&A 2.

H1-B Transfer During Extension

My H-1B visa got expired today, and my current company A filed extension in normal processing and is with initial review @ USCIS. Now I got offer in Company B and they are trying to file H1b Transfer in premium processing. if my H1b with Company B gets approved. Will there be a problem to work for Company B, since my current H1b visa and i94 expired before Company B filed for H-1B transfer. Please advise me on this to take a decision on my new Job.

Mr. Lee answers:

There would likely not be too much of a problem with the H-1B transfer so long as the H-1B extension and the H-1B transfer are both approvable cases. However, if you wish to be cautious, you can wait until the time that the H-1B transfer by company B is adjudicated. It should be quick since the petition is under premium processing, which means that U.S.C.I.S. will reach the case within 15 days. At the time of adjudication, U.S.C.I.S. will also give a decision on whether to grant you an extension in the United States. In the event that you decide not to take company B’s job, you can always ask the company to withdraw the H-1B and cancel the approval. 

Q&A 3.

What Do I Do? I Married a Girl who Overstayed Her I-94 Departure Date

She was admitted in Aug 16 2007 under class unit B2, departure date listed should have been Feb 15 2008.

Mr. Lee answers:

If you are a U. S. citizen, and are thinking to apply for your intended’s permanent residence, the fact of the overstay will not prevent her from obtaining her permanent residence. As the spouse of a U. S. citizen, she would fall within the class of immediate relatives who are allowed to adjust status even if overstayed. 

Q&A 4.

Do I Need a Lawyer When I Apply for Second Green Card?

I should apply for second green card (i-751). Do I need a lawyer? Do I have second interview?

Mr. Lee answers:

The choice of whether to have a lawyer is up to you. Some people use lawyers for their naturalization cases, and others do not even think that they need a lawyer when they are in removal proceedings. Generally speaking, the I-751 is not one of the more complicated applications of U.S.C.I.S. Most I-751 cases do not require an interview, but are adjudicated on the papers alone. 

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.