Published on Lawyers.com and the Epoch Times on April 1, 2016
Q & A 1. 2. 3. 4.
Q&A 1.
Do I Have to Inform USCIS If I Am Sticking to Company A and Not Joining Company B on H-1B?
I am currently employed by Company A on H1B petition valid until Aug 2017. I recently got an offer from Company B who applied for H1B transfer which is approved and valid until Feb 2018. Due to personal reasons, I've decided to not join Company B and have conveyed my decision. I have NOT resigned at Company A. Per my knowledge, I understand H1B with Company A remains valid. Since I have informed Company B that I would not be able to join, Company B will be withdrawing the petition. Please confirm, if I can continue to work for Company A as the petition is still valid. Do "I" have to inform USCIS that I am still employed at Company A? Am I affected by "Last Action" rule, which in this case perhaps indicates that I was supposed to be working for Company B?
Mr. Lee answers:
The last action rule pertains to the last action concerning status and I have not heard that it would apply to invalidate work at a current employer if the applicant decides not to change over to a new employer for whom a petition has been approved by U.S.C.I.S. in the same category. The withdrawal by company B should be sufficient to notify U.S.C.I.S. that the petition is no longer valid. You do not have to independently inform U.S.C.I.S. that you are still working for company A.
Q&A 2.
My Husband Has DACA, Can He Get Citizenship?
My husband had already applied for DACA and been approved before we got married. I was just wondering if there was any way he can get citizenship without having to leave. We have already been married for two years. We have one child together and one due soon who is going to have severe mental disabilities. Is it possible he can get citizenship without leaving the US?
Mr. Lee answers:
I will assume for purposes of your question that you are a U.S. citizen. Whether your husband can apply for permanent residence without leaving the U. S. depends upon whether he entered with inspection or if not, whether he is eligible for adjustment upon payment of a fine amount of $1000 under §245(i), which requires that the applicant either have had a labor certification application or immigrant visa petition filed on his behalf by April 30, 2001, and have been physically present in the U. S. on December 21, 2000. If he meets either one of the above 2 conditions, he is adjustable. If he does not, he is not under present law. There is the possibility that if he is able to obtain an advance parole under the DACA program and reenters the U. S., he would become eligible for adjustment. There is also the possibility of the 10 year bar being waived if he applies for and is given a provisional I-601A waiver based on extreme hardship to you. He would still have to leave the U. S. for a consular interview, but would be allowed to see the results of the I-601A waiver application prior to leaving the country for the green card interview.
Q&A 3.
I Don't Know If the USCIS Registered Me for Selective Service. How do I Find Out?
It was not made known to me at the time of receiving my permanent residency that I had to register for selective service.
Mr. Lee answers:
I can assure you that U.S.C.I.S. has never registered anyone for Selective Service. In the past, it never even notified individuals that they had an obligation to register. I do note that the most recent versions of the I-485 adjustment of status application contain the warning that males are to register by the age of 26.
Q&A 4.
Should Illegal Immigrants Have the Same Rights as the US Citizens?
I’m doing a school project about illegal immigration and my main title is "should illegal immigrants hate the same right as the US citizens? I have to do 5 interview questions to a Professional and I wanted to ask you if you can help me with this topic I’m really interested in this topic because I’m a Latina and I would like to know the differences between the us citizens rights and the illegal immigrants rights. and I would thank you so much if you help me with this and what interview questions can I ask to you to a professional lawyer.
Mr. Lee answers:
Illegal immigrants should not have the same rights as U. S. citizens as many rights are reserved for those who are citizens of this country, especially the right to vote, carry U. S. passports, and not be deportable regardless of any crimes committed. However, basic rights should belong to all including not being discriminated against on the basis of color, being harassed by law enforcement for the same reason, or being denied housing or the ability to engage in commercial transactions by local municipal ordinances, etc.
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