-- Q&A 2/7/07--

Q- I am an Egyptian native. I want to get a work visa for the USA. I work as a professional translator, however, I am ready to work any job in the USA. Please let me know steps and fees and whether my wife can come with me.

A- Before our office would be able to assist you or determine which visa category is appropriate, you would need to have a qualifying job offer from a U.S. employer. The basic employment-based visa categories are outlined on our web site.

Q-I have applied for green card in September 2006. I am working with some company at present. My question is that till when is green card process is in the hands of the company in which I am working? Like if I want to work with some other company and want to shift my green card process, when will it be in my hands? And I have filed in EB2 category. Approximately how long does it take?

A- Accountants are considered professionals and if you have the appropriate degree that the employer requires, you sound like you would qualify for H-1B status. However, you would also need to meet the CPA licensure requirements in the state in which you will be employed before you can be granted H-1B status. You would have to check with the state to see what their requirements are. Some state have methods for recognizing foreign licensure.

Also, you should be aware that there is an annual cap on the number of H-1B visas that can be issued. The cap opens every October 1 and ends September 30. The cap has been met this year and will not open again until October 1, 2007. The earliest a new H-1B petition can be filed is April 1, 2007 for an October 1, 2007 start date. If you wanted to start this October, you would need to start preparing the petition in February/ March so that it could be filed on April 1. H-1B numbers are used up very quickly so filing early is necessary. The earliest you would be able to be admitted to the U.S. is 10 days before your employment start date in October.

Q- I would like to know the possibility of getting the H1B i have now for me, when Ii overstayed for 2 months here in the us? What are the possibilities of getting a denial? If that case happens, can i apply for it again for as long as the inclusive dates in the H1B is not yet expired? Will i be barred from getting inside US again? What if an employer gives applies for an immigrant petition for me? Will that work?

A- If you overstayed a previous H-1B you can apply for a “nunc pro tunc” extension of H-1B status meaning the lapse in status is forgiven. In order to qualify for this type of extension you have to provide evidence that your failure to timely file the extension request was due to circumstances beyond your control, and that the delay is commensurate with the circumstances. You must also not have done anything else to violate your status. Without being retained to analyze all the facts of your case, our office could not guess the chances of approval.

If you were in another status and are subject to the H-1B cap then you cannot do a change of status to H-1B until October 1, and that would be impossible with a nunc pro tunc change of status.

Your employer would not be able to get your green card processed in time to cure your being out of status.

Q- I live in Serbia and want to live and work in USA. I am a Chemical Engineer (technologist) with 7 years experience and my husband has secondary school and we have a daughter.

A- If you have the equivalent of a U.S. Bachelor’s Degree and have a job lined up in the U.S., it sounds like you would qualify for an H-1B visa. See basic H-1B info on our web site. Unfortunately there is a cap on the number of H-1B visas that can be issued each year and the cap has been reached for this year. There will be no new H-1B visas available until October 1, 2007. The earliest you can apply is April 1, 2007. It is best to file as soon as possible so that you can be sure to get one of the visa numbers before the cap is reached. Note that in order to apply for the H-1B you first need to line up a job with a U.S. employer who is willing to sponsor you and file the H-1B petition on your behalf.

Q- I'm from the Philippines. I just want to know if there's any chance for us to file for a motion for reconsideration. I'm a daughter of a principal beneficiary of an immigrant petition. My stepfather who's a Filipino is a greencard holder. They were married for almost 8 yrs. We we're interviewed at the US Embassy last November 13, 2006. The consul didn't issue us our visa. The result states that my mother married my stepfather just solely for immigration purposes only. We strongly believed that the decision was not fair and not true. It's been a nightmare for us. Please do help me..thanks..

A- There is no appeal from the consulate’s denial of your immigrant visa. However, they will return your mother’s approved I-130 to USCIS for revocation. The USCIS will notify the petitioner that they are intending to revoke the petition if, after review of the case they feel it is proper to do so. The petitioner would have the right to submit additional evidence if that were the case. It would be wise to begin gathering any related documents to prove the validity of the marriage. Without knowing all of the facts related to your mother and step father’s marriage, and the reason for the consul’s decision, we would not be able to provide an opinion on whether you would be eligible for a green card on a future application.