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.
1) QUESTION – If a person holds a BA in Arts but also holds an Associate Degree in Science (Engineering Technology) BUT not a BS, can this foreign apply for an H-1 Visa AND/OR be sponsored by a company as a professional worker for IT? Is this worker obligated to get a BS Degree in order to be sponsored?
ANSWER – For an H-1B visa, the most common work visa for professionals, the key is whether your education and experience are equivalent to a university degree in computer science. You will need a reputable credentials evaluation service to review your transcripts and work experience to determine this. My guess is that you will be qualified since if you were to go back to get a second bachelors degree in computer science, you probably would need just a year more of university. And the courses you took for the associate degree as well as your work experience might be enough to cover this missing year.
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2) QUESTION – My brother-in law has FI status and he just graduated from college two weeks ago. He is currently looking for a job but so far no luck. He has a valid work permit and the conditions on it is training and instruction. Can he work anywhere or does it have to be in the techie area since he has a BS in Computer Programming and he has conditions on his work permit?
A – The purpose of the work card is to get experience in one’s field so you are supposed to work in your field. However, I have never seen the INS scrutinize the nature of one’s work while on the work card. Nevertheless, one should try very hard to find work in his or her field.
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3) QUESTION- When the INS proposed that a H-1B employee can extend his stay beyond 6 yrs. if his labor petition was filed more than 365 days back and I-140 is pending with INS, does the 365 day labor processing period include the time when the petition was under processing by the state SESA agencies before it moves to federal labor level or does the clock starts only when the case moves to the federal stage ?
ANSWER – First, this is an actual rule, not a proposed rule. You are correct that the rule allows for the extension of H-1Bs beyond six years for people who have green card applications that have been pending for 365 days or more. The I-140 application must be submitted before the extension can be filed and the clock starts ticking when the labor certification application is submitted to the state.
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4) QUESTION – I am a Nanny looking for work in the U.S. I am British born, living in Canada. I don’t understand why it is so difficult to acquire a work visa. I am too old to work as an au-pair. I would like to find a live-in position that would also give me time to take college courses. What are my options?
ANSWER – The main option available to you is to pursue a green card with an employer in the US. You would need to find an employer willing to go through the arduous labor certification process and who is willing to wait the year+ time that it would take to get the green card (and that is assuming you qualify – this might depend on your background and the nature of the specific job involved). I know some families are so desperate for high quality child care that they are willing to wait. I am currently working on a few of these cases. But obviously it will take some effort on your part to locate such a family.
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5) QUESTION – My friend has a Green Card and his wife plans on coming to U.S on visitor visa. After she comes here and he applies for her Green Card can she stay with him until she gets V visa or some other kind of approval for her permanent residency? Is this possible? Can this create a problem for her in the future?
ANSWER – Staying by virtue of the husband’s petition is basically not going to work in most cases. The V visa is only available if the petition was filed before December 2000. And a spouse is not entitled to remain legally in the US while he or she awaits the priority date on the green card petition to become current. Furthermore, once the spouse overstays the tourist visa by 180 days, she risks becoming subject to a three year bar on entering the US. Once the spouse becomes a citizen, then the situation may be remedied because the spouse can apply under Section 245a of the Immigration Act and not have to worry about the overstay problem. But in the meantime, the spouse could face deportation.
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6) QUESTION – I plan to go to U.S for graduate study in the month of Jan. I will be going for a masters in Mathematics. Sir I want to know the kind of questions I can face and the answers that I should give during the interrogation session before I get my visa. I shall be obliged if u help me out.
ANSWER- You will need to be admitted to the program and have Form I-20 available. The main issues that you will confront are 1) whether you have adequate financial resources to take you through your studies such that it will not be necessary to work illegally to make ends meet and 2) whether you have close ties to India that will convince the consular officer that you will return to your home country. You might want to check out the articles on student visas on
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