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 - After having been evaluated by FCCPT, how can I get visa to take physical therapist exam in US?

A - The appropriate visa to come to the US to take an examination is the B-1 business visitor visa. You can apply for this directly at a US consulate and will be required to demonstrate close ties to your home country and adequate finances to ensure a consular officer that you can afford the trip and will not need to resort to illegally working in the US. I usually recommend registering for the examination and then planning a very short trip to the US solely for the purpose of taking the test. Note that even if you put together an excellent application, in some countries there are very high denial rates for B-1 visas.

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Q - My change of status from F1 to H1 was approved in November 2004. However, for some unknown reason my employer did not receive the I-797 and I-94. USCIS asked us to file I-824 to get a duplicate. My employer filed I-824 but made the mistake of interchanging my first name and middle name on the form. My I-824 has been approved and we got the I-797 and I-94 but with my first name and middle name interchanged. Can this be corrected by the USCIS? How should this be handled? Would this create problems for H1 stamping or H1 transfer or even H1 extension?

A - You should send the I-797 back to the Service Center with a copy of your passport and ask that it be corrected.  If the original petition was correct, send a copy of that to show it was a Service Error.  If you can't show it was Service Error, you can file an I-102 for a "corrected or replacement" I-94.

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Q - I am currently adjusting my status from student to permanent resident (based on family petition) and I wanted to ask if I am eligible to be self-employed as an independent consultant/sales person through companies like Avon, Mary Kay Cosmetics, etc.?

A - Once you have an employment authorization card as part of your adjustment of status petition, you can be self-employed. 

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Q - My father is a green card holder since 1998 and he applying for US citizenship. He is a professor and medical consultant who has contributed significantly in his field. Unfortunately, he has a shoplifting charge in 1996 for theft which he paid a fine and completed probation.  The court also expunged and sealed his record. In his N-400 form, he has stated this charge. My question to you is should this one charge pose a serious obstacle for him in securing his US citizenship.

A – You were correct to include the offense in the N-400 application.. Since the conviction was more than five years before the application, it is not a bar to naturalization, but any conviction or crime can be considered in deciding whether an applicant for naturalization has good moral character regardless of how log ago it was.  Nevertheless, given the facts as you describe them I would not expect it to be a serious obstacle.

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Q - I just switched from an L1-B to L1-A visa in May. I was a manager in India when I transferred to the US in 2005. Would you advice waiting to file for Green Card for some months or it is OK to file right now since I became in charge of a function only last month.

A - The regulations say that  "the alien is outside the United States, in the three years immediately preceding the filing of the petition the alien has been employed outside the United States for at least one year in a managerial or executive capacity by a firm or corporation, or other legal entity, or by an affiliate or subsidiary of such a firm or corporation or other legal entity", That means to qualify for the multinational manager green card, you need to have been working abroad in managerial or executive status. That need not be the case for the L-1 and it's one of the few differences between the two categories. If you were a manager for a year abroad and the US entity is at least a year old, you may be eligible to process. 

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