FAQ's

FAQ'S


Asylum is a lawful status permitting individuals to remain in a country other than their own because they either have been persecuted or have a well-founded fear that they would be persecuted (on account of race, nationality, religion, political opinion, or membership in a particular social group) in their home country. Technically, an applicant for asylum in the United States must meet the same legal standard as a Refugee. The difference is that an asylum applicant applies for this status while in the U.S., whereas a refugee is granted refugee status before arriving in the country. A person who has been granted asylum is an Asylee.

An asylum application is frivolous if any of its material elements is deliberately fabricated.

A noncitizen who knowingly filed a “frivolous” asylum application, after notice of the consequences of doing so, is permanently barred from any relief under the INA except withholding of removal In order for the bar to be enforceable, however, an immigration judge or BIA must make such a finding of frivolousness by final order.

NO. A B-1 visa is reserved for Business visitors who are not allowed to be gainfully employed in the United States. B1 visa holders are limited in the actions that they may partake in while in the U.S. as a business visitor. In order for them to be able to work (gainful employment) while in the U.S. a work visa is required. An H-1B nonimmigrant visa is a work visa reserved for specialty occupation foreign workers.

No, you cannot pay the lawyer fees and USCIS filing fees as per the laws governing the H-1B non-immigrant visa program. Full fees of sponsoring a beneficiary have to be paid by the employer only.

Yes, it is possible provided they have been authorized to work in the US.

The H-1B program is entirely different from the Green Card process. With the H-1B program, one is able to combine both education and experience to satisfy the requirement of having the equivalent of a U.S. Bachelor’s degree in a specific field. However, with the Green Card process, education and experience cannot be combined for education equivalency to satisfy the employer’s minimum requirements for the position.

It is recommended that an employer initiate this process within the 4th or 5th year of H-1B status, or sooner depending upon the circumstances.

Yes. An employer must file an amendment any time there is a substantial change of conditions from the approved H-1B visa, including switching from full-time to part-time employment, changing his or her job site, changing his or salary, changing his or her job duties, among other things.