Published on Lawyers.com and the Epoch Times on March 21, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


I am Applying for a Green Card for My Spouse. We Make $16,000 a Year and We Have $50,000 Savings. Is This Enough Money for Application to be Accepted?


I am a U.S. citizen currently living with my spouse in Bangladesh. We are waiting for him to get a green card to move to America. I am now in the process of filling out the Affidavit of Support. An immigration lawyer said we will either need a joint income of above $19,000 or savings of about $100,000. We have neither of these. We have an income of $16,000 and savings of $50,000. Will our application for a green card be denied due to lack of savings, or is this enough for it to be accepted? I appreciate your help on this matter as I am unsure whether to continue applying for the green card or to wait till I have more savings.

Mr. Lee answers:

The immigration lawyer probably gave you those figures to be on the safe side. That is because US consular officers do not always go by the standards of the poverty guidelines. But assuming that you have a reasonable consular officer, savings of approximately $60,000 would probably be sufficient for your husband's immigration.


Q&A 2.

What Options Does a Person Have If OPT STEM Extension is Denied Due to Voluntary Unpaid Intern with Professor for More Than 90 Days.

Mr. Lee answers:

An OPT STEM extension requires that you be working with an employer who uses the E-Verify system. If you are working as a voluntary unpaid intern with a professor, you would not qualify for an STEM extension as the professor is likely not an E-Verify employer and all STEM work must be paid.  Thus voluntary work for more than 90 days would probably violate the law which only allows 90 days in which you can be without employment. Your options appear to be attempting to go back to school, attempting to change status to some other category, or leaving the country now and returning at some other time either with a visa or without (if under the visa waiver program).



Q&A 3.

Trip to Arizona

I am going for a trip to Arizona this month and I am wondering what documents to bring. I have my international passport, i94, and driver license ready.

Mr. Lee answers:

I assume that you are in legal status since you mention your I-94 and that you are mainly cautious about going to Arizona because you have heard so many stories of the anti-immigrant attitude out there. With your international passport, I-94, and driver’s license, I do not see that you would have any problems with Arizona law enforcement or ICE.


Q&A 4.

My Spouse Have Applied for H1b Transfer from Company A to B.

Now the application got rejected. Company B is ready to re-apply.

Mr. Lee answers:

Your spouse's situation demonstrates why it is a good idea to stay with the company with the approved H-1B until the new H-1B by the second company is approved. If your spouse stayed with Company A, she and you would be in a good position for Company B to reapply and even if rejected or denied, your spouse would still be with company A. Although U.S.C.I.S. allows you to move on to company B after filing an H-1B transfer, a rejection or denial would make your legal status questionable. U.S.C.I.S. normally requests evidence of continuing work with company A. If your spouse has not been working with company A and instead transferred to Company B already, you may both have to leave the country and pick up your visas overseas assuming that the second H-1B petition by company B is approved.

 

 

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.

 
   
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