Published on Lawyers.com and the Epoch Times on October 26, 2018
Q & A.
Moving Company With I-140 Approved
I am with Company A in my 6th year of H-1 which will expire in May 2019. I want to move to company B and I have I-140 approved from Company A. Can I move to company B? What are the risks?
Mr. Lee answers:
You have not mentioned that you filed an I-485 application to adjust status and so I will assume that you have only an I-140 approval. With the I-140 approval, and assuming that the I-140 priority date has not been reached, you can file a new H-1B petition with company B and the company can request three years for your employment. You are also entitled to the priority date of the approved I-140 in most circumstances if company B decides to sponsor you for your immigration. The risks are the common ones of whether your future job is sufficient to secure H-1B approval and a future I-140 approval.
Applying for Citizenship
I got my 10 year green card over 5 years ago now. I got it through marriage, but we are divorced, I have since remarried (she is also a citizen), but I guess that does not matter since I want to apply base on the 5 years probation. Do you foreseen me been divorced from my first marriage of 4 years (which is how I got my green card) being an issue at the interview, even though it was a bona fide marriage or it won't matter whether I am divorced or not since I am over 5 year of permanent resident(and I am a outstanding, law abiding resident with no legal or moral issues). Reason for divorce was irreconcilable difference (tried to work it out, but she quit on us and left me). I can't afford a lawyer right now (my wife and I are expecting twins), so I am thinking of handling this process on my own to save money.
Mr. Lee answers:
Having obtained the green card through marriage, the bona fide nature of your prior marriage is part of the examination of a U.S.C.I.S. officer at the time you apply for naturalization, even if you do it on the basis of five years instead of three. That being said, as long as you had a bona fide marriage and have some documentation to prove that you were together, the prior marriage should not be an obstacle to your obtaining US citizenship.
Am I A USA Citizen?
I live in Albania. My great father was an USA citizen. He brought two sons with him but couldn’t bring my grandma and his wife because of war. Is my grandmother an US citizen and her family? All my cousins are in the US.
Mr. Lee answers:
I assume that grandma is your great father's daughter and that you are hopefully talking about World War II. The right of your grandmother to US citizenship may depend upon the date of her birth. If born before noon on May 24, 1934, she could have been a citizen if at the time of her birth, her father was a US citizen who had resided in the US before your grandmother's birth. From noon May 24, 1934 and prior to January 13, 1941, a retention requirement was placed upon the children to assume residence in the US with certain exceptions at certain ages. From January 13, 1941 and prior to December 24, 1952, an additional requirement was made of the US citizen that he have resided in the US or a possession of the US for 10 years prior to the child's birth, five of which were after the age of 16.
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