Ep. 46 What is an L1A Visa?

  • It’s a non-immigrant visa. Only employees who’s been working for at least a year in the last three years in the company is qualified.
  • US Company must be a parent company or even a sister company of the foreign company.
  • Great for small companies or startup companies.
  • It can also be used by large/multinational companies.

Raw Transcript:

Jacob: Hello everybody, welcome to Ask an Immigration Lawyer. You ask, we answer, simple. This is your host, Jacob Sapochnick based in San Diego. We have some good questions today from our Facebook page. Today we are focusing on the L1A visa, and we have Josh from Texas who is asking what is an L1 visa and is this the most common way for somebody from overseas to open a branch office of the company abroad? Continue reading

FacebookTwitter

Ep. 45 What are some of the ways to obtain relief from Removal/Deportation?

  • There are three ways: Cancellation of Removal, Asylum and Adjustment of Status
  • Cancellation of removal is a good way for people that had been in US for 10 or more years.
  • Asylum is a good way if you qualify to avoid removal.
  • Adjustment of status is when changing your status from known immigrant to lawful permanent resident.
  • Another way is called Prosecutorial Discretion.

Raw Transcript:

Jacob: Hello everybody, Jacob here. Ask An Immigration Lawyer Podcast. You ask, we answer, simple.

Today I’m answering a question from Mary. Mary is a person that left a comment on our Facebook page and the question is what are some of the ways to obtain relief from removal and be allowed to remain in United States? Continue reading

FacebookTwitter

Ep. 44 Can Same Sex Couples file for Immigration benefits?

  • It is possible in the state that allows same sex couples to marry.
  • Same sex couples can marry and proceed with immigration benefits.
  • Even if you don’t live in the states that allows same sex couples to marry, as long as you married there, you can proceed with your federal benefits

Raw Transcripts:

Jacob: Hello everybody, this is Jacob and you ask, we answer, simple.

Welcome to our Ask an Immigration Podcast and today we have a question from our Twitter page from the state of New York. Eduardo is asking whether same sex couples can marry in the United States and pass the benefits of a green card from US citizen same sex person to their partner. Continue reading

FacebookTwitter

Ep. 42 What is the H1B Visa Lottery Process and how does it work?

  • Typically, there are more applications filed for the available so there is a need for a lottery.
  • There is no exact breakdown of applications received but it should be available towards end of month.
  • It is a real lottery, so educational background or how much is paid for premium processing, will not change chances in the lottery.

Raw Transcript:

Hello everybody. This is Jacob here. You ask, we answer. Simple. Thanks for tuning in to our podcast. A lot of questions came in last week. A lot of them about the H-1B visa process. As you know, April 6 today, when I’m doing this show, we are just a day before the final day we can file under the lottery, before the lottery starts, and people are asking me… “How does this H-1B lottery work. What is this lottery all about?” Continue reading

FacebookTwitter

Ep. 40 Time for Citizenship: How many years after obtaining a Green Card can one apply for Citizenship?

  • How a person got his permanent residency is important
  • If one is still married with the US citizen, one can apply for a citizenship after three years. However, if one is divorced to the US citizen, one can only apply after five years since the date of one’s green card.
  • But any other form – except being married to a US citizen – i.e. green card through employment, you have to wait five years.

Raw Transcript:

Jacob: Hello everybody, this is Jacob with Ask an Immigration Lawyer Podcast – you ask, we answer, simple.

Today’s question is from our Facebook page and it’s from Tony. Tony is asking, “I’m a green card holder. I’ve been a green card holder for the past 10 years. How many years do I need to wait from the moment I got my green card to the moment where I can file for my US citizenship?” Well, that’s a great question. Continue reading

FacebookTwitter

Ep. 39 DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses. When can H4 Spouses Work?

  • H-1B visa allows professionals to work in the U.S. but their spouses come on an H4 visa are not allowed to work.
  • Department of Homeland Security is extending eligibility for employment to certain H4 dependent spouses of H-1B workers.
  • Will be effective May 26, 2015.

Jacob: Hello everybody, this is Jacob Sapochnick with Ask An Immigration Lawyer. You ask. We answer. Simple. Today we have exciting news. Many questions are pouring in and this is following the announcement extending the eligibility for employment authorization to certain H4 dependent spouses of H-1B non-immigrant workers looking to work in the United States. Continue reading

FacebookTwitter

Ep. 34 What specialty occupations are accepted for the H-1B Visa?

  • H1B is there to allow qualified people to live and work in the US
  • Specialty occupation is an occupation that requires a bachelor degree or the equivalent in education and experience
  • But it doesn’t mean that just because your job is not within the occupations that are most common to get H1B visas it doesn’t mean that you can’t get it

Raw Transcript:

Introduction: You ask we answer your immigration questions, simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody, this is Jacob Sapochnick here and welcome to another episode of Ask An Immigration Lawyer.

We’re getting a lot of H1B questions these days and we know its H1B filing season here. April 1st is the deadline to file those visas and if you miss it’s going to be another year of wait so a lot of people are getting ready. Continue reading

FacebookTwitter

Ep. 33 I want to apply for H-1B Visa this year. How do I know if I qualify?

  • Meet certain educational and work related requirements
  • Employers must sponsor H1B holders and pay you the prevailing wage in order for you to get the visa
  • As there are too many people applying, it is very important to apply as early as possible

Raw Transcript:

Introduction: You ask we answer your immigration questions, simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody this is Jacob here with another episode of Ask An Immigration Lawyer.

This question comes from our Facebook page from Jorge and Jorge is asking a very relevant question for this time of year and he says I am a graduating student and I would like to find an employer who’s going to get me an H1B visa but how do I know if I even qualify for an H1B visa? I just don’t know. Great. Well, that’s a good question and let’s just dive right in. Continue reading

FacebookTwitter

Ep. 32 H-1B Portability Rule & H1-B Transfer: I am an H1B holder and just found a new job, when can I start working for my new employer?

  • As soon as you find an employer, and they’re actually going to file the case, even before approval you can start working for that employer.
  • 21st Century Act allows an immigrant to begin working for a new H1B employer as soon as that new employer files a petition

Raw Transcript:

Introduction: You ask we answer your immigration questions, simple. And now your host immigration lawyer Jacob Sapochnick.

Jacob: Hello everybody, welcome to another episode of Ask An Immigration Lawyer.

In this episode we’re going to be talking about H1B visa probability. This question comes from Jeff and Jeff is in California. He’s asking I am an H1B visa holder. At this point been working for my employer for two years now and I found a great job right now and I would like to transfer to the job. But the employer’s asking how soon can I start working for the new employer after filing the new visa? Excellent. That’s a great question and a source of confusion for many, many H1B holder. Continue reading

FacebookTwitter

Ep. 30 Married a Different Petitioner on a K1 Fiance visa, can I still get my Green Card inside the US?

  • K-1 Fiancé visa is designed to marry the original US citizen petitioner
  • It will not be possible to proceed with an adjustment of status from inside the US, it has to go through the US Embassy in your country

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick and welcome to another episode of Ask An Immigration Lawyer. This question is from Suki. Suki is asking about the K-1 Fiancé visa.

So came into the United States with a fiancé visa that was approved for 90 days to marry her fiancé but unfortunately things didn’t go well and Suki did not marry her fiancé. And the question is now that Suki is here for about a year now after the fiancé visa and she met somebody else, can she marry the new US citizen and proceed with adjustment of status in United States as well as getting a green card. Continue reading

FacebookTwitter