World Journal Weekly Q & A - February 25, 2007Do I Study the New Questions or Old Questions for the Naturalization Test?Web reader asks: I am having my naturalization interview in the Immigration office in Garden City, N.Y,. in February. Am I supposed to study the 100 questions on the old list or the 143 questions on the new list being publicized by U.S.C.I.S.? Dear reader: The new test is not in general circulation for 2007. For this year, U.S.C.I.S. is only pilot testing the questions in Albany, N.Y.; Boston, Mass.; Charleston, South Carolina; Denver ,Colorado; El Paso, Texas; Kansas City, Missouri; San Antonio, Texas; Tucson, Arizona; and Yakima, Washington. The pilot program will begin in early 2007. In these cities, applicants will have the choice to decline to participate in the pilot test. If so, they will be given the old test. In addition, applicants who take the pilot test but fail one or more parts will have the opportunity to take the old test or part of the old test immediately during the interview, thus giving them an additional opportunity to pass the naturalization test. Will I have a problem getting an H-1B visa or not? I have a degree in fashion and am working for a company in my field.Dear Mr. Lee, I graduated with a bachelor's degree in fashion design and will be working as an assistant with a U.S. clothing manufacturer. The company has approximately 50 employees and my salary will be $21,000 per year on a full-time basis. I have optional practical training until October 2007 and my employer is willing to sponsor me for the H-1B visa. Can I do it? Dear reader: Your degree and employer appear to be a match to allow you to apply for an H-1B specialized occupation visa, but your position is one that would generally not be regarded as professional by U.S.C.I.S. Unless your degree is actually required to do the job, the job would not be seen as a specialized occupation for H-1B purposes. Further your salary does not appear to meet the standards for an H-1B prevailing wage. I suggest that you speak with your employer to see whether it would be willing to give you a more professional position at a higher wage. I note that we have seen situations in which employers intentionally start out new employees very low in the first two-three months to see how they work out before giving them a true professional position. If such is your employer's strategy, the company might be amenable to advancing your promotion in light of your visa status. If the employer is not willing to do so, you might seek other options including looking for another employer. H-4 Holder Who Changed to H-1B for Almost 3 Years is Eligible for H-1B Extension Even Though Total Time in U.S. as H-1B/H-4 Holder will Exceed Six YearsWeb reader asks: I entered the U.S. in 1997 with a student visa and later changed
to H-4 as a dependent of my husband in 2001. His H-1B first started
in April 2001. I then found a job in 2004 and received an H-1B visa
myself which will expire in April 2007. Neither me nor my husband
has ever applied for labor certification or employment visa petition
for permanent immigration. My husband and I will have been in H-1B/H-4
statuses for six years in April 2007, but since I've only been in
H-1B status for less than three years, can I get an extension? If
I can get a H-1B extension, can my husband change his status to
H-4 even though he has already been here six years under H-1B status
so that he can stay with me? Previously U.S.C.I.S. restricted the period of time that individuals could remain in the U.S. under either H-1B or H-4 dependent status to six years. Any time spent in H-1B status counted against H-4 time and vice versa. The American Competitiveness in the 21st Century Act (AC-21) broadened the ability to stay by stating that individuals who had a pending labor certification or immigrant visa petition based on employment for one year would be allowed to remain in one year increments to complete their processing. A second broadening by the same act was that individuals who had approved I-140 petitions but could not file I-485 applications to adjust status to permanent residence because the priority date was not yet current could obtain a three-year extension of H-1B stay. On December 5, 2006, U.S.C.I.S. issued an interoffice memorandum, "Guidance on determining periods of admission for aliens previously in H-4 or L-2 status; aliens applying for additional periods of admission beyond the H-1B six year maximum; and aliens who have not exhausted the six year maximum bar or have been absent from the United States for over one year" which further broadened the time by rescinding the former U.S.C.I.S. position that any time spent in H-1B or H-4 statuses counted against extensions past six years within the other category. Therefore, individuals will now be allowed to spend (if they so desire) six years in an H-1B status and another six years in H-4 status or vice versa even if they do not qualify for any of the exceptions under AC-21. In your case, you would be allowed three + years after April 2007 as you will have spent less than three years in H-1B status by that date. As your husband will have exhausted his H-1B time of six years by April 2007, he is no longer eligible for continued H-1B stay but can be allowed to change status to H-4 during the remainder of your time in H-1B status.
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Copyright © 2003-2007 Alan Lee,
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