Published on Lawyers.com and the Epoch Times on February 14, 2014

Q & A 1. 2. 3. 4.

Q&A 1.

Change Job After I-140 is Approved?

I am on H-1b with PERM approved. Currently I am an employee with non-profit organization. Pretty soon my I-140 will approve. My question is can I change the job from non-profit to profit organization after I-140 is approved? If I change my job after I-140 is approved, what are the consequences?

Mr. Lee answers:

The question as to whether you can change your job from a nonprofit to a profit organization depends upon whether your H1B was approved as a cap or non-cap H-1B. If approved as a cap case, you would have no problems changing employment to a profit organization as long as the job and you are both qualified. Whether the I-140 is approved or not has nothing to do with the above. In the immigration and not the non-immigration context, a change of employer after the I-140 is approved usually means that you get to keep the priority date, but would have to go through the PERM and I-140 process all over again. The only exception is if you file the I-485 application, have it pending for 180 days, and you move to a same or similar occupation. In such case, you would be able to keep the case altogether.

Q&A 2.

Can I Petition a Green Card for my Mother if I'm 20 Years Old and Married?

I'm currently starting the process of divorce. However, I wanted to start the process of getting my mom a green card. I want to know if it's possible if not what are other options.

Mr. Lee answers:

Assuming that you are a US citizen, you will be able to apply for your mother's green card when you turn 21 years of age. Whether you are married or unmarried has nothing to do with your ability to petition for your mother at the age of 21. The only reason for which you would not be able to petition for your mother is if you were adopted and gained immigration through your adoptive parents. If you have a concern as to whether you can financially support your mother's immigration, you are allowed the use of a credible cosponsor who is making enough to guarantee on form I-864 affidavit of support that he or she will undertake the financial obligations so that your mother does not become a public charge.

Q&A 3.

How to Expand Her to There to Study

I and my daughter arrived to US by K1 visa. Petitioner got seriously sickness and assistant living when I got there. I'll go back to VN by myself , can my daughter expend her staying there for study by some how, What do I have to do. I have a brother lives in California, apart from my petitioner can I marry to someone else?

Mr. Lee answers:

Since your daughter arrived in the country under K-2 visa status, she is linked to your K-1 visa. She will not be given an extension or change of status in order for her to study in this country. If she remains, she will do so illegally. I do note that a recent ruling by the Board of Immigration Appeals could possibly allow her to adjust status at a later point on some other basis if you married within the 90 days and your marriage was bona fide.

Q&A 4.

My Wife and Me Got Denied on Cancelation Removal Appeal. We have US citizen Daughter (18years old) and Son (10years old). We Live in the U.S. Over 15 Years.

How to do cancelation removal?  My daughter wants to stay US with family. She has to decide University in US. My son is ADHD. He needs special program at school and take medicine every school day and do not change his living environment is good for him. We came US was 1998 L1, L2 visas. Green card apply was denied and Immigration judge and appeal also denied. How to do cancelation removal?

Mr. Lee answers:

I will assume that by your saying that your appeal was also denied, you mean by the Board of Immigration Appeals (BIA). If you wish to continue to fight for your cancellation of removal, your choices are to appeal to the federal appeals court within 30 days, file for reconsideration to the BIA within 30 days, or file for reopening with the BIA within 90 days. I note that where denials are based upon the standard of exceptional and extremely unusual hardship not being met, the appeals courts have generally sided with the government. In some circumstances, however, they have asked the BIA to reconsider where the BIA has not made a thorough examination of hardship factors.

Copyright © 2003-2014 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.