Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We have an employee that is here because her husband was…

Customer Question
We have an employee that...
We have an employee that is here because her husband was sponsored by his company. They recently helped him obtain an IED extension. They are converting him to an H1. She will not be able to stay in the country as a spouse and we, as her employer, are looking to know what our options are and the cost involved to keep her here. Please let me know.
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
2/25/2016
Employment Lawyer: Guillermo Senmartin,
 replied 2 years ago
Guillermo Senmartin
Category: Employment Law
Satisfied Customers: 112,915
Experience: Of Counsel at Jorge A. Fernandez, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

What was his previous status that they had him in? L-1A or L-1B? And she is on L-2 with EAD? Does he have an approved I-140? If not, does she have a bachelor's degree and is that type of bachelor's degree related to the position she currently holds with you?

Ask Your Own Employment Law Question
Employment Lawyer: Guillermo Senmartin,
 replied 2 years ago

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

If he has an approved I-140, she can do a change of status to H-4 and apply for a work permit. She cannot work during the period that her husband changes to H-1B and before her work permit is approved. So there may be a period of time that she cannot work.

If he does not have an approved I-140 but she does have a bachelor's degree or equivalent, she can try for her own H-1B. The information on the H-1B is basically that she must have a job offer, the job offer must be for a company that is offering a position that is related to her degree and experience. The position must also normally require a bachelors degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay her what is normally paid to someone in that position. All these things must be provable with financials, business plan, etc. Also, because they are used up for this year, she will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if she applies for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Ask Your Own Employment Law Question
Employment Lawyer: Guillermo Senmartin,
 replied 2 years ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Ask Your Own Employment Law Question
Employment Lawyer: Guillermo Senmartin,
 replied 2 years ago

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin
Category: Employment Law
Satisfied Customers: 112,915
112,915 Satisfied Customers
Experience: Of Counsel at Jorge A. Fernandez, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My husband was sent home from work because of sleep apnea
My husband was sent home from work because of sleep apnea results. We believe it was a false reading and want to know our options … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,837 satisfied customers
I used to work for a company as a graphic designer at least
I used to work for a company as a graphic designer at least that is what I was hired to do and my title was. After a while I would go out and do photography for this company while on the clock with th… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If someone made a derogatory, harassment statement on my
Hello... If someone made a derogatory, harassment statement on my Facebook page about a promotion I received could I prove Libel or Slander w/ the statements made? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Should disclosing mental health and past mental health
Should disclosing mental health and past mental health issues prevent you from being hired for a job? … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
There are several issues involving libel that my previous
There are several issues involving libel that my previous employer is saying as reasons why I was fired. I was granted unemployment as it was decided I was fired due to no fault of my own. Of course t… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
939 satisfied customers
My question is in the state of Texas...what are the victim's
My question is in the state of Texas...what are the victim's rights to perfect their case against the accused? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
534 satisfied customers
I live in NY and my question is, is the following legal for
I live in NY and my question is, is the following legal for my school also in NY to do and if not what laws support getting me monies due me? Here is the situation: I signed a contract that has this i… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
If I have been charged with inappropriate touching an
If I have been charged with inappropriate touching an employee while I was massaging him and he got an erection. I did touch his penis with my lips before he pushed me away. No force. No penetration. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
What is the difference between pension plan and retirement
what is the difference between pension plan and retirement plan. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,896 satisfied customers
I was a manager for 12 yrs with my company forced to step
I was a manager for 12 yrs with my company forced to step down to senior supervisor and promised that I would only get a one dollar cut in pay. I got a 4 dollar cut and all my vacation was taken away … read more
Thelawman2
Thelawman2
Doctoral Degree
1,416 satisfied customers
I work a mandatory schedule Monday - Friday from 7:30 -
I work a mandatory schedule Monday - Friday from 7:30 - 17:00 and once a month have to be on-call after hours as well, receiving calls from 21:00 until I go back in the morning and on the weekend. I a… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I was on a paid lunch for work and my coworkers husband used
I was on a paid lunch for work and my coworkers husband used the word ni**er while she had him on Bluetooth. I'm black and it hurt really bad because they are friends of mine. It kind of severed our r… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a daughter that has been in trouble in past for
I have a daughter that has been in trouble in past for drugs. She is on probation and has to do weekly drug tests. The drug test is $100.00 per test and can be ordered at will. She has not had a bad t… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,837 satisfied customers
I am a teacher, I had to take this school year off for
I am a teacher, I had to take this school year off for cancer treatment. Am I eligible for intermittent leave, under FLMA, for this next school year, as I will have many doctor appointments? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a severance agreement I need looked at. I am not
I have a severance agreement I need looked at. I am not really keen on how they are putting it as I still have injuries from an attack at work and they are not paying for it and did not have workers c… read more
Ray
Ray
Lawyer
Doctoral Degree
32,951 satisfied customers
How do I know if I have a case? Not yet. At will. My
my understanding is that there are exceptions to the "at will" clause, i.e. constructive discharge, retaliation, etc. Is this correct?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Regarding the One Day in Seven Act for Illinois, if an
Regarding the One Day in Seven Act for Illinois, if an employee calls in due to illness, personal, etc.; and has a 24 hour period where they were off, can an employer count that as their day of rest?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,837 satisfied customers
I am an independent contractor. Two weeks ago I sent a
I am an independent contractor. Two weeks ago I sent a letter of resignation, certified mail, and my employer refuses to pick it up and said it was never delivered in spite of tracking info through th… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x