1) Question:

I am in the U.S. on an H-1B and my wife is on an H-4. My company will start my residence process, probably using the EB2 category.

But, in 2006 my wife’s sister filed an I-130 immigrant petition for a relative. I am not sure I am included in that request. I just see my wife's name in the Beneficiary section on the I-797.

My question is if this parallel process might affect my EB2 process, whether my wife’s sister has including me or not?

Answer:

The two processes are parallel to each other and will not have any effect on the other. According to the Visa Bulletin, visa availability for the EB-2 preference category is current except for nationals from China and India, which are currently available for May 2006 priority dates. Visa availability for sibling petitions (F-4) are currently in 2001 for nationals of most countries.

You cannot transfer the priority date from your wife’s family-based petition to your employment-based petition.

Your name may have been included on the Form I-130 application, if you were married to your wife at the time. However the primary beneficiary is your wife, and your name would not be listed on the I-797 notice. You are still eligible to benefit from the petition as your wife’s derivative beneficiary, even if your name was mistakenly left off the application, as long as you remain married to your wife.

2) Question:

I have an employee who is currently in his first year of an H1-B visa. He would like to do some part-time work consulting for a university, in the same field as his work here. Could he do that without filing any further paperwork?

Someone here in our HR has suggested that he would have to file for
another H1-B visa to work at the other company. Another person said that since his work would be in the same field as his work here, it would be legal without further paperwork.

The reason for the work is that it would allow him to finish a Ph.D. which he started at the university.

Answer:

The H-1B only allows the beneficiary to work for the H-1B petitioner. Any unauthorized work for other employers is a violation of the status and would result in the person falling out of status.

However, there is no problem with having more than one H-1Bs at the same time as long as the person is maintaining the requirements for both H-1Bs.

The other university has to file an H-1B petition for him.

3) Question:

I was imprisoned in my home country for protesting against the dictorial regime. When I applied for asylum, I answered 'yes' on the question asking if I had ever been arrested.

But when I applied for my green card I answered 'no' to the question of whether I had ever been arrested for breaking or violating a law because the arrest itself was illegal.

Now I am applying for U.S. citizenship. Do I have to answer 'yes' to the question of whether I have been arrested? Will it be a problem that my answers on my asylum application and green card application were different?

Answer:

With the naturalization application, it is always best to err on the side of being too honest, as the easiest way for a USCIS officer to deny an application is to show that the applicant was not truthful in the application. A denial on this basis will mean that the applicant will have to wait another 5 years (3 years if you are applying as the spouse of a U.S. citizen) before being able to file again.

If you have ever been arrested, detained, ticketed, or given a citation for any reason you should check yes in answer to the question on the N-400. This is true even if it was an unlawful arrest or detention, if it happened in a different country, if the charges were dismissed, if no charges were ever brought, or if the arrest records were expunged. You can include an explanation of the arrest on the application and you will be given a chance to explain the arrest at the interview.

In this situation you should also answer yes to the question about whether you ever gave false or misleading information when applying for an immigration benefit. This is because you did not mention the arrest on the green card application. As I said, it is best to err on the side of being overly honest on the naturalization application. Again you can include an explanation in the application and will be able to explain at the interview.