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.

H1B Visa Status Application While in the US on the Visa Waiver Program

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I’m from Italy on visa waiver right now. My stay will expire at the end of September. I got an offer from a US company.  Can I stay here while my H1B is been processed?

Yes, you can remain in the US while your H1B visa is processed. However, persons who enter the US using the visa waiver program are not allowed to change their status in the US. So, while we can get USCIS to approve the H1B, you will need to go outside the US for H1B visa stamping. Then after you have obtained the H1B visa stamp, you will be able to return to the US and begin work.

H1B Visa for a Pastor

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My Church applied my H1B for me as a Pastor. The Nebraska center just denied because they say that a Bachelor’s degree is not required for a Pastor. Is that true?

USCIS believes that there is a significant amount of fraud in religious worker visas and immigration has taken a hard line on these types of applications. That being said, it is quite common for a pastor position to require a BA or even an MDiv. Your denomination should have regulations for the requirements for pastor type positions and it shouldn’t be too difficult to evidence the requirements. Additionally, you likely qualify for an R1 visa and I recommend you contact my office to see if we can help you with an R1 or an appeal of you H1B denial.

Asylum Application by a Yugoslavian National

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I am originally from Yugoslavia and came to the US in 1990. I don’t have any legal status in the US and was wondering if I could apply for asylum? As you may know, Yugoslavia no longer exist since 2003. Does that help me apply asylum?

The fact that Yugoslavia no longer exists is not, by itself, a basis to obtain asylum in the US. You must be able to show past persecution or likelihood of future persecution based on race, religion, nationality or social group membership. However, it can certainly help if you are an ethnic minority and you have suffered persecution in the past or your family members are currently persecuted. There are well documented cases of persecution of ethnic minorities in the Montenegro area.

How to Expedite a Form I-140 Appeal

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My I-140 was denied for the skilled category. We filed an appeal but we don’t have a decision and I’m worried I’m going to lose my H1B because business is getting slow. Is it possible to expedite the appeal so I can get my green card?

In many cases where the Service Center misinterpreted the law or mistakenly construed the facts, we have been able to get the Service Center itself to reverse their opinion in only a couple months. In cases where the appeal goes to the AAO, we’re seeing processing times in the 12 -18 months range. We have had success in getting appeals expedited where there are extraordinary circumstances so we can help in getting a decision expedited for you.

Concurrent H1B Visas

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We applied and received H1B visas for an employee last year. He is planning to return to the University of Illinois as a post-doctoral fellow (would be employed full time by the university). We would also like to maintain his status with our company on a part time basis to help out with projects on an as-needed basis (0-20 hours per week). Can we do that?

While employment visas like the H1B are employer specific, an H1B holder may have concurrent H1B visas. This means that the USCIS can authorize a foreign national to work for one employer in H1B status for a certain number of hours per week and a different employer in H1B status for a different number of hours per week.

TD Visa Holder Wants to Open a Business in the US

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My wife and I are Canadian citizens currently living in the US. She is working on TN visa and I have a TD visa. I own an organic tea importing/exporting business in Canada. I want to expand that business in the US as well. I am planning to contact the tea retail stores or cafes in the US and negotiate a deal so that I can supply tea from Canada to those stores in the US. Can I do that with my current TD visa or do I need another visa? How much would you charge for helping me obtain the right visa?

Unfortunately, the TD visa does not authorize employment in the US. You would need to change your status to H1B visa or E1 visa in order to run your import/export company from the US.

L1 Visa Stamping Delays

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My company filed an L1 visa application for me which was approved in September of 2009. I went to apply for the L1 visa stamp in Madrid but was told that they could not issue the visa due to an “internal administrative process.” What is an internal administrative process? Does this mean that they will not issue the visa? Can I go to another Consulate to apply?

We’ve seen this type of issue before and it has always been related to either an FBI name check issue or anti-fraud measure that required a site visit by a USCIS hired private investigator. I would not recommend applying for the visa stamp at another Consulate until this is resolved. In our experience, it typically takes 1-2 months to complete the review.

K1 Visa Petitioner Divorced 5 Times

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I’ve been divorced five times. I’m dating a Chinese girl now and I want to bring her here to marry her. Will my divorce history cause any problems?

Having been divorced, by itself, will not prevent you from bringing your fiance to the US on a K1 visa. However, it will require you to document your relationship at a higher level. We have helped many K1 petitioners bring their fiancees to the US and many were previously divorced, some being divorced up to six times. It is definitely approvable but just requires more effort to prepare the case.

Applying for an H1B Visa While in Visa Waiver Status

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I’m from Italy on visa waiver right now. My stay will expire at the end of September. I got an offer from a US company.  Can I stay here while my H1B is been processed?

We can get the H1B approved in the US but because you entered through the visa waiver program, you are not allowed to change your status. Therefore, after we get the H1B approved, we will need to send you to a US Consulate for visa stamping. This can be done in Canada or Mexico or, if you prefer, you can return to Italy to get this done. We prefer to go for visa stamping in Canada and we have had great success with that route.