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3. Ask Visalaw.com

In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

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.

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1) 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-1B 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. In limited cases, a single employer can be the H-1B petitioner for a person working at a second work site location such as a client’s site, but the rules here are complicated particularly regarding who is controlling the employment. A consultation with an immigration lawyer to review the particulars of the employment arrangement is strongly encouraged.

2) QUESTION:

My U.S. citizen husband has filed an I-130 for me. USCIS has not approved the I-130 yet and it is over the five month processing time posted on the USCIS website. What do you recommend we do now? Also I would also like to know if it’s possible to visit the U.S. while my I-130 is still pending.

ANSWER:

If the I-130 has been pending for more than thirty days beyond the listed processing time (five months) you can call the National Customer Service Center at 1-800-375-5283 and ask them to send an inquiry to the Service Center.

It is extremely unlikely that a U.S. Consular Post would issue a visitor visa to the spouse of a U.S. citizen with a pending I-130. If you are a national of Canada or another country in the Visa Waiver Program, you can try coming to the U.S. to visit, but you should understand that officers have the discretion to deny you entry into the U.S. when you arrive. You should be prepared to explain your reason for traveling.

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Siskind Susser
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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