Immigration Lawyer Peter Messersmith

Peter Messersmith is an attorney located in Orlando, Florida. He has been practicing immigration law since 2002 and has represented thousands of immigrants and US businesses with their immigration needs.

Master’s Degree from Unaccredited University

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I want to apply for the EB2 visa. I have a Masters degree in Mechanical Engineering and two years or work experience. Can I qualify? My company is willing to sponsor. I think you should know that my school is not accredited but is licensed by the state.

The fact that the school is not accredited could be a fatal flaw unless we can establish that the credits are acceptable to transfer to an accredited University or that your transcript could be evaluated as similar to a US degree based on your education and experience.

From R1 Visa to Green Card

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I’m a monk at a Buddhist temple in the US on a R1 visa. I’m looking for help with my green card. I am on my 4th year with the R1 visa and I know I am going to hit my 5 year maximum soon. Can I apply for the green card? What if my R1 expires before the green card is approved?

The fact that your R1 is expiring will not affect your green card petition. However, you should be aware that once your R1 expires, you will not have any nonimmigrant status while your green card is pending. You will not be able to work after your R1 visa expires unless you obtain an EAD and if your green card is denied for any reason, you will unlawfully present in the US and subject to removal.

We have handled many green card applications for clients whose nonimmigrant status has expired and so long as we thoroughly review your file and are confident that your green card will be approved, then it is ok to file even if your R1 visa will expire before the green card can be approved.

Nonimmigrant Employment While EAD Application is Pending

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Right now I am working with a L1A visa status and my company wishes to apply my green card. I know I can get the EAD but and thinking I can work with my L1A until the green card is approved. Is this ok? Also, can you help me with the green card? My company and me are not happy with our previous immigration lawyer.

Yes, you can continue to work on your L1A as long as it is valid and you can even extend the L1A visa status while the green card application is pending. It is actually a good idea not to get the EAD card. If you use the EAD card to work for someone that is not your L1 visa sponsor then you will violate your L1 visa status and if your green card application is denied then you will be out of status. Unless there is a particular reason you need the EAD such as in cases where the L1 visa is expiring you do not wish to extend or don’t qualify for an extension, then you can avoid applying for it.

We’ll be happy to assist you with your application. In the past 12 months, we have been securing many EB1 green card approvals in 2 months or less through regular processing (no extra premium fee required) and should be able to help you. Please send us a copy of your resume and details regarding your company

Employment by Spouses of E3 Visa Holders

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I have a company that wants to bring me to the US on an E3 visa. Can my wife come with me? Can she work?

A: Yes, your wife will be able to accompany you to the US as a dependent and she will be eligible to apply for a work permit (EAD) upon entry to the US. Once approved, she will be authorized to work for any employer in any capacity for the duration of the authorization.

PERM Amendment

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I filed a PERM application on my own and realized that I made a mistake. Can I go back and correct this mistake?

Unfortunately, amendments cannot be made after the application is submitted. You will need to submit a new application. Depending on when the advertising campaign was performed, it may need to be redone. We’ve helped many clients correct similar problems and can help you prepare a proper PERM application so you can timely obtain your green card.

O2 Visa

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I am an assistant to a movie star who is holding an O1 visa. What kind of visa I should apply for in order to continue my assistant job for this movie star?

You can obtain and O2 visa provided that you are an integral part of the movie star’s performance or have related critical skills. If you cannot meet these standards, you may be eligible for a B1 visa.

Adjustment v Consular Processing

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I just got my Green Card. May my wife, who is currently in Germany, adjust her status to permanent resident?

Adjustment of status application can only be filed by persons in the US. She will need to consular process her application. This simply means that she will need to apply through the State Department and the Embassy to obtain an immigrant visa. Once she obtains the immigrant visa she will be able to enter the US and will become a US permanent resident.

H1B Renewal While Adjustment of Status is Pending

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I am now in an H1B status and it will expire in a month. I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. I also have an EAD card which is valid for another 9 months and I know I can extend it. Do I still need to extend my H1B visa?

It is likely in your best interest to extend your H1B unless you have already used your EAD to work for a different employer. If, for some reason, your I485 is denied, it is good to have your H1B as a backup. Otherwise you would be out of status if the I485 were denied.

J2 Visa Holder Divorce

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I’m a J2 holder. I plan to file for a divorce and would still like to stay in the US.  We’re both subject to the two year requirement because he is on the skills list. Am I still subject after we divorce? If yes, can I still get a waiver or can only my husband apply for it?

Unfortunately, you will still be subject even if you divorce your husband. In most situations, only the J1 visa holder can apply for a waiver but in cases involving divorce or death of the J1 visa holder, the J2 visa holder can apply for a waiver independently.