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Showing posts from September, 2018

How Does A Stay of Adjudication Impact Immigration?

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Recently I was asked the following question:I'm considering accepting a "Stay of Adjudication" plea, in a pending criminal sexual conduct case.  I also have a pending asylum application.  I need to know, would accepting this still type of plea make me removable as far as the DHS is concerned? Should I just risk trial then if my worst fear is deportation?
SHORT ANSWER:  
A "stay of adjudication" represents a full conviction for immigration purposes.  So if you plead guilty, with "stay of adjudication," to a criminal charge, you'll have to see if that criminal charge itself impacts immigration.  In your case, you would still be deportable with a Stay of Adjudication to criminal sexual conduct.  If it was a Stay of Adjud to disorderly conduct, then you would probably be fine.  A noncitizen should ALWAYS have an experienced immigration attorney help or represent them in a criminal charge!  There are just too many nuances!
ANSWER:
You pose the proper quest…

Married to US Citizen, Waiting for H1B Renewal

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I Recently Answered the Following Question:
I am currently waiting for my H1B renewal to be approved.  When I get married to my U.S. citizen fiancee, can I file for adjustment of status while my H1B is still pending?
ANSWER:
Yes, you can start the green card process by filing the Immediate Relative petition (I-130), Adjustment of Status application (I-485), Employment Authorization (I-765) and Advance Parole (I-131).  The pending H1B application won't affect the process.
IMPORTANT!  I suggest continuing with your H1B renewal AND status until your green card is in hand--even if you receive an interim EAD.  If, for some reason, your green card is denied you will still be in H1B status and no additional action would be required.  Other attorneys do argue, however, that it is better to change your work status to EAD. This preserves a certain amount of time being deducted from one's H1B clock, in case the green card is denied and you have to go back to H1B.  The drawback is that it wou…

Second, Part-Time H1B Job?

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Recent I was asked the following question:
I work full-time as a software developer in H1b status.  Now a local college has asked me if I can join as an adjunct teacher and teach a computer science class for only 4 hours a week.  It is a government college and is willing to apply H1B.  Can I work/teach part-time in that college?  Is premium processing available?ANSWER: 
Yes, this should work.  You can have what is called a concurrent H1B visa, i.e. more than H-1B at the same time.  You just need to make sure that the second H1B application clearly indicates that it is a concurrent H1B petition and not a change of employer or replacing your current employment in any way.   Also, you must continue to abide by all the terms of your original H1B.  Premium processing for the teaching job is indeed possible, but prevailing wage determination's and LCA's take time.   As such, you may consider using a private service for your prevailing wage determination, or just use Online Wage Librar…

Online University Program?

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QUESTION:

Does one need to have an F1 visa enroll/study in an online program? I’m currently on an H4 visa.

ANSWER:

NO. F1 visas require full-time attendance at a brick and mortar school that is accredited and nonprofit. However, you are free to study in an online program while on an H4 visa. But, you are not eligible for temporary employment related to your field of study, or on campus employment—something available to some foreign students, such as those in an F-1 status.