Published on Lawyers.com and the Epoch Times on January 12, 2018

Q & A.

Renewal of Driver’s License

My driving license has expired 6 days back. I am on a work VISA and my company has applied for an extension of my VISA. The petition is still under review and I have received a receipt notice of action. But the DMV will not accept the I797C receipt notice to renew my license even though I am legally allowed to stay in the United States for no later than 240 days or till the time my petition is approved or denied. How can I get a temporary drivers license?

Mr. Lee answers:

Your petitioning organization may consider putting in an application for premium processing on form I-907 if the petition is eligible for expedited processing. The cost is $1225, but U.S.C.I.S. promises to reach your case for adjudication within 15 calendar days of receiving the request.

H-1 Cap Exemption Without Change of Status

Currently I am on H-4 on maternity leave. My company is filing for H1 cap exemption without change of status since I am still in maternity leave. I have 2 queries as below: 1) Can the H1 cap exemption be filed without change of status? 2) If the petition is approved do I need to exit US and come back with the stamping.

Mr. Lee answers:

An H-1B cap exempt petition can be filed without a change of status. However, when the petition is approved, the beneficiary must go outside the US for consular processing and return in order to be legal under H-1B status. In order to be under H-1B status without exiting, the change of status must be requested when the petition is filed.

During My Asylum Case is Pending, Can I Work With EAD and Keep My F-2 Visa?

I am visa F-2 holder. My wife has just started PhD program. I applied for religion asylum and recently got my EAD. I want to keep my F-2 status because if my asylum case would be denied, I can stay in the US legally with F-2 visa. The university consultant told me if I work with my EAD I will not be F-2. However an attorney told me you are F-2 whether use your EAD or not. It is confusing.

Mr. Lee answers:

An F-2 holder is not allowed to work, even under an EAD. So if you work under the EAD, you would violate your F-2 status. If you wish to maintain your nonimmigrant status, you should not work.  There does not actually appear to be much controversy over the policy.  

C1/D Visa

My daughter's father works for Royal Caribbean international as engineer with a C1/D visa . He also has a B1/B2 visa. He is signing off his ship on Dec 29 in Jamaica on his C1/D visa . Can he fly directly to the USA on his B1/B2 visa to stay in the US for 3 weeks with his family until he is schedule to join the ship January 16 in Fort Lauderdale? He is a Romanian Citizen.

Mr. Lee answers:

A C1/D visa presents the situation where the individual is in transit in the US (C-1) to join the ship (D). That does not appear to be your daughter's father's intent when he enters the US. As he has a B-1/B-2 visa, he can explain his situation to the immigration inspector at the airport when he arrives. I believe that he would be admissible under the B1/B2 visa for the purpose that you described.

Copyright © 2003-2018 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.