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Thursday, 16 November 2006

Free Citizenship preparation classes available across Broward County

Broward County offers free citizenship preparation classes throughout the county, which includes free classes, study guide & Instructional CD. For more information, call:  754-321-2630 or go to: ctace.com

Immigration Questions

Question:  I graduated with a bachelor degree several years ago and applied for Optional Practical Training. My employer applied H1B for me quickly, so I used only 6 months of the OPT. Now, I am thinking about going to a master degree program at another college in the states. When I graduate from the master program, will I still be eligible for OPT? Is that going to be 1 year or 6 months?  

Answer:  As long as you graduate from a new degree program at a higher level, you will receive an additional full year of optional practical training time. Once you graduate from the master’s program and are on your OPT you are eligible to apply for another H-1B work visa as long as the employer is willing to sponsor you. Also, since you will be a Master’s degree holder, when it comes time to file for your Labor Certification (PERM) and immigrant visa, as long as the job requires an individual with a Master’s degree and your case is approved, you would be eligible to file your Green Card application along with your I-140, since Master’s degree holders are in the 2nd Employment-based category which does not have any backlog. Good luck!

Question:  My mom (who lives in Trinidad) has a 10 year visitor visa and stayed with us for the past 5 months. Now she is going back home. I want her to be able to come and visit me again soon to help me care for my new baby, how long will she need to be outside U.S. before she can safely come again?  

Answer:  There is no official time to be outside the U.S., but to be on the safe side, I usually tell clients to stay outside at least a few months in order to show that there is a residence abroad and the visitor is not working in the U.S. Also, it is always best if your mom does not stay the whole six months, maybe four months at one time, then go home and come back after a few months.  

Question: I am currently working for a Company on an H-1B visa that just started last month (I was on my OPT before that). If I want to change employers now, is it possible or do I need to work for my current company for a certain period of time?

Answer:  There is no required period of time you must work for your current employer before changing to a new one, however, in order to legally change, you first need the new company to file a new H-1B for you and once you receive the I-797 Receipt for the new H-1B filing, you can begin legally working for the new company while you are waiting for the new H-1B to be approved. As part of the change of employer, you generally need to be prepared to show pay-stubs for the past month you were working for the first employer when you switch H-1B employers to show you were in legal status, working for and being paid by the employer.

Question: I am married to a U.S. citizen, but I got my residency through my mom who is a naturalized U.S. citizen. I want to know when does the counting of residency period of 'three years' to be eligible to apply for naturalization starts on my case. Is it the date I acquired my permanent residency or the date I got married. I was approved for the green card in January 2005. When can I apply for citizenship?

Answer:  The date you got your permanent residency approved is the relevant date for purposes of beginning the count of days of residency in a naturalization case, not your marriage date. Even though you obtained your U.S. residency (Green Card) through your relationship with your mom, as long as you are married to a U.S. citizen, you can apply for naturalization after 2 yrs and 9 months from the date you got your Residency, once you have been married to a U.S. citizen for at least three years and continue to do so. And as in your case, it is not necessary that your marriage be the basis of the original green card application. Anyone who obtains residency and has been married to a U.S. citizen for 3 years is eligible.

 
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