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.

I-485 Portability; EAD Employment

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My current company has sponsored my H1B and applied for Green Card. I have received my EAD card, and I485 is submitted an year back. I485 is pending approval.

I am currently interviewing with other companies and anticipating an offer letter from another company. My new company is not willing to sponsor my H1B.

So, my question here is:

a. Can I sponsor my EAD myself ? What is the process to do it ?

b. What are the risks ?

c. Is it going to impact my Green Card processing ?

Please advise. Thanks in advance.

So long as meet the I485 portability requireemnts, you can move to a new employer and work with an EAD and USCIS will still process your green card. The portability rule applies where you have an approved I-140 and an I-485 pending for at least 180 days you may move to a new employer where the new job is “in the same or similar occupational classification as the job for which the certification or approval was initially made.” You new employer will have to make an AC21 filing notifying USCIS of your new employment..

Visa for a Part Time Housekeeper

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I have a friend in the Philippines I would like to employ as a part time house keeper and part time work in my business is there a work visa that would allow her to work for me ? Thank You

An H2B visa may be possible for this type of work if you can establish that you have a seasonal, one time need or that the work is otherwise temporary in nature. If you are looking to bring your friend here for a longer duration, you may wish to offer him a different type of employment.

Self Employment in OPT and H1B Status

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I have a question, and i hope you can help me with it.

I am on F1 student visa. i am doing my masters in accounting also planing to sit for the CPA.

I know that after graduation you are allowed to take OPT and work for up to 12 months. while your are on the OPT you are allowed to be self emloyee, during that period i want to open my own CPA firm or atleast bookkeeping office and be self employed.

My question is if i open my own accounting office can i soponser my self with an H1 VISA?

A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program. The rules are quite different for an H1B visa. In order to obtain an H1B visa with your own firm, you must establish that you firm is separate from you and has a certain level of control over your actions. The best way to do this is to have a minority interest in your firm, i.e., get a partner or two.

J1 Visa Travel Issues When the Two Year Rule Applies

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Hi sir,

I am from Saudi Arabia, i have J-1 Visa for me & J-2 for my family, (scanned copy attached) 

We are now in USA, my DS-2019 will expire on 08-31-2010 & our J Visa on 09-30-2010.

In our Visa written, INA SEC 212E – TOW YEAR RULE – APPLIES.

I understand that I cannot re-enter USA with another J Visa less than 2 years.

By next September 2010 I have admission to postgraduate program (3 years) in another dental school and I will get I-20.

I plane to go to my country (Saudi Arabia) on July 2010 for one month and I will be back before expiration date of J-1 visa

to finish my scholar program, then to start my new postgraduate program on Sep,

My question, should I apply to F-1 visa during my one month vacation on SA, and is one month enough for the Visa processing, because they are strict on program start date

Or is it ok to re-enter USA with my valid J-1 Visa which expire in 09-30-2010

Would you please guide me in this issue?

Thank you,

The two year rule only restricts you from obtaining an H visa, L visa, a green card or changing/extending your status in the US. It does not prevent you from obtaining a new J1 or F1 at the Embassy nor does It prevent you from entering the country in J1 status.

From L1B Visa to H1B Visa

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I am currently on L1B visa and it expires in September 2012. I want to apply for H1B visa.

My qualifications:

Bachlors Degree: Computer Science

IT experience: 4 years. (in consulting)

Current Location: Los Angeles(CA)

Questions:

1. What are the chances of getting H1B visa?

2. How can your firm help me out in getting this visa?

3. Along with visa do you also provide job?

You are certainly qualified for an H1B visa. You will just need an employer to offer you a proper position and agree to sponsor you. We do assist in finding H1B sponsors as well as process the visa paperwork. There is a six year limit for people in H1B and L1 visa status so depending on how long you have been in L visa status, you may not be eligible for a full three year H1B. Please contact our office for more information.

Green Card Holder Wants to Bring His Wife to the US

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I need to bring my wife to USA to live with me. I have a good job and don’t need her to work so is it possible for her to live here on some some form of visa, such as H4 visa? I understand there it is a wait time of 4 years for spouses of permanent residents. She lives in Ukraine. Please help. thank you.

Your wife would only be able to come as a nonimmigrant dependent (J2, F2, H4, etc) if you held the corresponding primary visa (J1, F1, H1B). As a permanent residency, you would be able to sponsor her through the F2A immigrant visa category and the current processing times are about three years. If you would like to bring her here faster, you may be able to bring her here on student visa (F or J) or a work visa such as (H1B, O1 or L1). There may be other options specific for you so please contact our office for more information.

Nurse Green Card Options for a BSN Holder

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I am a registered nurse about to get my BSN this August 2010. I am really concerned about the retrogression and would like to know the steps i need to take to find a sponsor for green card. Thanks

There is still a special category for nurses (Schedule A) which allows a company to sponsor you for a green card without having to undergo labor certification (PERM). However, it is no longer fast tracked and processing times are currently about five years so you will need to maintain your nonimmigrant status if you wish to remain in the US while the green card application is pending. Since you have a BSN, you may qualify for an H1B visa depending on the type of nursing position you are able to find.

J1 Visa holder Wishes to Change Status to J2 Visa

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Me and my wife were hired to work in the US as teachers for 3 years, each one with its own J1 Visa, however she was diagnosed with breast cancer 6 months later (march 2011) we have seen that we will have to stay to finish the threatment but my our salaries as teachers won`t be enough to survive, I want to quit my J1 visa and become her dependant with J2 visa and ask a work permit, so I search a work with my MBA and get more money to overcome this situation. Is this possible? Is it too risky? Are we allowed to do it? Can you help us? Please let me know and I deeply apprecciate your time

Yes, we can help you obtain J2 visa status or even apply for a work visa such as an H1B visa provided that you are not subject to the two year home residency requirement. It is not risky to change to J2 visa status and as a J2 visa holder you would be able to obtain an EAD which would authorize you to work for any US employer in any capacity.

J1 Visa – Change of Status

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I had a F1 visa for 5 years, before it expired I obtained a J1 in another passport from my country because my mother institution required me so before starting the other program I am in now. I want to change my visa to F1 so I can change my status to a work visa or residency without leaving the States for 2 years. How can I get that?

If you are subject to the two year home residency requirement then you are barred from obtaining a change of status in the US. We will need to review your immigration documents in order to make that determination. If you are subject, then you will need to leave the US and apply for an F1 visa at an Embassy abroad.

Help with Finding a Visa Sponsor

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I was wondering if you can in any was assist. Here is the situation: I have a cousin that is visiting from mexico and has a Medical degree back in her country. We are aware of the steps that she must take in order to practice medicinde in the U.S. However, she was wondering where or if she can find an employer that can sponsor her in the meantime. I don’t know how to help her, so if you can help out I would appretiate it very much. 

Yes, we can help her find a company to sponsor your cousin for a work visa. She may be eligible for a TN or H1B visa but she would not be able to work as a physician until she is licensed.