Published on Lawyers.com and the Epoch Times on July 4, 2014

Q & A 1. 2. 3. 4.

Q&A 1.


Can I Convert my L1A Non-immigration Visa to a Green Card Other Than Through the Petitioner of My Existing L1A Visa?


I have just extended my L1A visa, via petition from existing employer, for another 2 years after having worked here for 3+ years. Can I apply for a green card separately so I can now work for companies other than my petitioner? Or must I work through my present employer and/or wait until completion of another 2 years of work? I make decent money and have acquired couple of property assets. Does this help?

Mr. Lee answers:

An individual can only have one nonimmigrant visa status in the US. While you are on the L-1A, you are not entitled to work for another organization. However, that does not prevent you from attempting to immigrate through some other means than your present company. For example, a company could sponsor you for the green card through labor certification during the time that you are working under the L-1A, and assuming that the labor certification application is successful and the priority date becomes available, you can file further papers for adjustment of status and ask U.S.C.I.S. for open market employment privileges with an I-765 employment authorization application. You could also leave your present employer if you are able to obtain some other type of nonimmigrant working status such as H-1B for specialized occupation individuals. Then the same scenario of another company sponsoring you for labor certification-based green card could also occur.


Q&A 2.

Can an Australian Company not Located Inside the US Get a 3-Month Working US Visa for Somebody?

An Australian based company wants to send a representative to work and study the market in the US for about 3 months. Is there any way they can get a work visa for that period of time or any period of time for somebody?

Mr. Lee answers:

Australians are allowed to travel under the visa waiver program without obtaining a visa. They must of course apply for advance permission to travel through the ESTA Electronic System for Travel Authorization prior to coming to the country. That type of entry accommodates anyone coming to study the market. I am not quite sure what you mean by sending a representative to work, but if he/she will be visiting US companies and getting paid by the company in Australia, that would be within the authority of those coming over under the visa waiver program. The program is expressly for visitors for pleasure or for business.



Q&A 3.

Dependent Visa Sponsorship

My sister has a green card and would like to sponsor dependent visa for my brother in-law. However, she doesn't have any income as she is a student. I am in H1B visa, can I be the sponsor? OR sponsor must be green card holder or citizen?

Mr. Lee answers:

The answer depends upon whether the brother-in-law will be coming over for nonimmigrant visit or if he is immigrating to the States. A person on an H-1B visa is allowed to financially sponsor persons visiting the US but not those who are immigrating. The latter type of sponsorship is done through form I-864 affidavit of support which must be signed by a permanent resident or US citizen.


Q&A 4.

My Father Was Detained for Using Another Person's Social

My father is an illegal immigrant that paid his taxes, has no criminal history, and has three children. One 6 year old American girl, a 18 year old illegal immigrant under deferred action, and a 24 year old also under deferred action. My father worked for 14 years with this social in order to work, buy a house, and many other goods. He always paid and even had a good credit score. Now he is detained, and I just want to know how bad is his case? Is there hope he might not go to jail? or get deported?

Mr. Lee answers:

If your father has had no prior encounters with Immigration, he may be able to plead to misdemeanor or lesser charge dependent upon the circumstances. If Immigration puts a detainer hold on him, he or his attorney may be able to plead with ICE to use prosecutorial discretion and not put him before the court for removal proceedings. If in the immigration court, he may be able to apply for cancellation of removal upon a showing of 10 years residence, good moral character, and that his removal would cause exceptional and extremely unusual hardship to his US citizen six-year-old child.


 

 

Copyright © 2003-2017 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.

 
   
 

  View Alan Lee's profile

 View Alan Lee's LinkedIn profileView Alan Lee's profile