Published on Lawyers.com and the Epoch Times on March 18, 2016

Q & A 1. 2. 3. 4.

Q&A 1.

Multiple H1-B Petitions

I am on L-1B Visa. I want to ask if I can file for multiple H1B petitions from different Employers.

Mr. Lee answers:

U.S.C.I.S. allows multiple H-1B petitions for cap cases for the same individual as long as the petitions are not by the same employer. Multiple filings by the same employer will cause cancellation of all petitions.

Q&A 2.

Petition Fees

I requested my brother 13 years ago. The case is currently in the final stage. On the other hand, my niece- his daughter is 21 years old and able to request her Dad . I already paid $420.00. When I requested him plus, the $120.00 for the affidavit. If my niece requests him, do we need to pay the initiation fee again? Or the money I already paid could be applied to the new process under his daughter's.? The reason we wanted to switch the case is because he was deported 20 years ago and I think he has more chances to get the visa through his daughter.

Mr. Lee answers:

If your brother’s daughter petitions for him, she will have to pay the same fees all over again. I do not know that having her apply for your brother would enhance his chances of obtaining permanent residence. If he was deported 20 years ago, he would not appear likely to require advance permission to return after deportation as the penalty is currently 10 years outside the U. S.  If he committed fraud or misrepresentation, he would require a waiver, but such a waiver could only be obtained through demonstrating extreme hardship to a U. S. citizen or permanent resident spouse or parent. For purposes of that type of waiver, his daughter is not a qualifying relative.

Q&A 3.

H-1B Visa

I'm international student with F1 Visa. I got a job opportunity and my sponsor will provide the H1 Visa. Is that possible to wait in USA for H1 or should I return to my country?

Mr. Lee answers:

If an F-1 student like you is in legal status and keeps studying, he or she is allowed to continue staying in the U. S. while awaiting the H-1B. I am assuming that you are talking about an H-1B cap case in which the H-1B does not become effective until at least October 1st.  In the case that I just described, having an I-20 and studying until October allows the individual to stay. Otherwise the student would have to have some other basis like a post completion OPT that extends until the time that the H-1B petition is filed (that would allow the student to enter into a cap gap extension allowing employment and stay until September 30th if the H-1B petition is selected and either pending or approved by that date) or the beginning of February (that would allow the student to stay until September 30th under the same conditions but would not allow work).

Q&A 4.

Would Flying to Alaska or Hawaii from Within the US Trigger the "10 Year Bar" ?

If, someone from another country, Canada for example, had come to the United States, overstayed their Visa and is undergoing a legal naturalization process within the US (without leaving the US and triggering the 10 year bar). My question is, If that person were to travel by plane to Alaska or Hawaii, would the 10 year bar be triggered? I wouldn't think so as they are both located within the US and travelling there would not be leaving the US but want to be absolutely sure so as to not jeopardize the naturalization process and/or triggering the bar. 

Mr. Lee answers:

As Alaska and Hawaii are both U. S. states, flying from the U. S. to either state on a nonstop basis would not be seen as having left the country and subjecting anyone to a 10 year bar. However, I would not encourage such travel for someone who is out of status as there is more enhanced scrutiny by DHS of travel from these points of entry because of their remoteness than interstate travel within the other 48 states.

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.