Posts

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

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  • 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. Read more

Ep. 37 What is a Fiance Visa (K1) and what are the requirements to apply?

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  • Only a US citizen, not a green card holder, can file a fiancé visa
  • You have to be married within 90 days upon arrival. If not, the foreign national must depart US
  • Both parties must be free to marry throughout the whole process
  • Physical meeting is crucial, however, there are exemptions. Provide proof of relationship

Raw Transcript:

Jacob: Hello everybody and welcome to another episode of Ask An Immigration Lawyer – you ask, we answer, simple.

Today I will be talking about the K1 Fiancé Visa. What are the requirements, what it is. We have tons of questions about fiancé visas, a lot of confusion, who can or cannot apply for this visa. Read more

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

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  • 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. Read more

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

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  • 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. Read more

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?

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  • 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. Read more

Ep. 31 What are the Best Ways to Get a Green Card to Live & Work in the US?

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  • Five most common ways of getting a green card
  • Family sponsorship. If it’s not an immediate relative you must wait in line with what is called as the priority date
  • Green card lottery. If you win it, it’s free.
  • Sponsorship by an employer
  • Investing in the EB-5 program
  • For asylum or refugees

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. You’re listening to Ask An Immigration Lawyer Podcast.

Today we have an exciting question from Jorge who is sending us this question from Texas. The question is what are the most common ways to get a green card in the United States today? This is a great question because everybody wants to know how to get a green card, what are the most common ways. So let’s start with the more obvious one.
So number one is getting a green card through a family sponsorship where you have an immediate family member, like a spouse or a child, over the age of 21. And also through not immediate family like siblings, brothers and sisters, who can also petition for you. Read more

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

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  • 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. Read more

Ep. 29 How can one get a work visa/permit to work in the United States?

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  • Most work visas require an employer to sponsor you and most work permits are usually benefit of some sort of a petition
  • If your spouse has a J visa, an L visa or an E visa you are allowed to work with a general permit
  • An H1B visa has a small exemption for self-employment

Raw Transcript:

Jacob: Hello everybody, this is Jacob Sapochnick. Your host Ask an Immigration Lawyer.

Today we have a question from Kimberly W. again from our Facebook and Twitter and her question is how do you go about getting a work permit or a visa to work in United States. Well, of course we know that most people that come here they want to be able to live and work here legally but how do you get a work permit to work in United States? Read more

Ep. 26 I stayed overseas for three and a half years after my green card expired. Can I renew my green card and try to use the card to enter the US?

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  • If you leave the US more than a year without getting, for example, a reentry permit you may lose your green card
  • Two issues: not possible to renew it overseas and it could mean you abandoned your residency
  • Three years is considered a long time; card now is deemed abandoned. Best thing to do is to consult an attorney.

Raw Transcript:

Jacob: Hello everybody and welcome to another episode of Ask An Immigration Lawyer – you ask, we answer, simple.

Today’s question is coming from Phoenix, Arizona and the person is asking this. I stayed overseas after my green card already expired. I stayed there for about three and a half years and I’m thinking about going back to the US. Can I renew my green card and try to use the card to enter the US? Read more

Ep. 22 I have a minor US citizen child, can I get a green card?

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  • Misconceptions of having a US citizen child for parents legalization
  • A US citizen child must be 21 years old to be able to petition for parents; 18 years old to petition for sibling
  • Cannot get green card by having a minor US citizen child

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. I’m very excited to be here and we’re getting tons of questions. Tons of questions because of this podcast and I’m very grateful.

This question is coming to us via Facebook. Again, a common question that many, many people all over the world are asking. Can I get a green card based on the fact that I have a minor US citizen child that was just born here in the US? Read more