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Ask Visalaw.com

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

 

 

 

Q - I need to apply for a visa to work in London.  I have the work permit. I was just informed that my credit may be checked and I could be denied a visa if my credit is bad? Is this true?

 

A - Not true. Credit checks are not conducted in immigration matters.

 

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Q - Where can I find the current J-1 waiver skills list?

 

A - You can find the list at http://exchanges.state.gov/education/jexchanges/participation/skills_list.pdf .

 

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Q - I have a question regarding filing 2 employment based I-485 application for the same person at different service centers. I and my wife both are employed on H1B visas, I in Texas and she in Pennsylvania. Both of us had our labor certification application approved recently. My wife's got approved first and so we filed for employment based I-485 for her and for me as her spouse through her employer at the Vermont service center. Recently my Labor Certification got approved and we are thinking of filing another set of employment based I-485 for me and for her as my spouse through my employer at the Texas service center. Will having dual applications cause any problems for us or is this a normal practice where when one I-485 application gets approved you withdraw the other I-485 application.

 

A - You can only have one I-485 legally pending at a time.

 

 

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Q - I am a pharmacist and I recently passed the Foreign Pharmacy Graduate Exam. I am presently in the US on a tourist visa and I am authorized to stay in the US until December 2004. Once I find an employer who will be willing to sponsor me, will there be any problems in changing my B2 to a H1B? Would I need a lawyer? Another case that I need help on is my wife. She is a physician who was fortunate enough to receive a H1B. She started her residency last July. Can she apply for a green card now? If not, when can she start applying?

 

A - B to H changes are not that unusual and will likely be available if you meet all the requirements for an H-1B and you did not tell the consulate anything that would make it seem that your intentions when applying for the B-1 were fraudulent. I would always recommend a lawyer for the H-1B process since the process and rules are complex. As for your wife, she's most likely going to need to wait until after finishing her medical residency before she can apply for the green card. The first employer that is post-training can probably apply for her. Let me know if you need help finding an employer.

 

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Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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