Law Offices of Carl Shusterman - US Immigration Law Offices of Carl Shusterman - US Immigration

H-1B Examination:
.. Test Your Immigration IQ


Law Offices of Carl Shusterman
600 Wilshire Boulevard, Suite 1550, Los Angeles, CA 90017
(213) 623-4592 x0
Representing Clients in All 50 States
30 Years of Immigration Law Experience
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Learn how to benefit from United States immigration laws and procedures from a former INS Attorney (1976-82) with over 30 years of experience.

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The following online interactive quiz will test your knowledge and sharpen your skills regarding immigration laws and procedures relating to professionals holding H-1B status. Before taking the quiz, you may want to review the materials relating to H-1B Status, Canada Page, Temporary Visas, and Permanent Residence contained in our website. This is an open-book test. If you answer at least six of the ten questions correctly, we will give you the opportunity to see each of the correct answers followed by a brief explanation. If not, you may reread the materials and retake the test as many times as you wish.

Good luck!

  1. The immigration law, at 8 U.S.C. 1101(a)(15)(H)(i)(b) provides that persons who are coming temporarily to the U.S. to perform services in a "specialty occupation" may qualify for H-1B status. Which of the following persons has the least chance of qualifying for H-1B status?

    A Fashion Model of Distinguished Merit and Ability
    A Computer Professional
    A Licensed Physician who has passed Parts I, II, and III of the USMLE
    A Registered Nurse employed in the Intensive Care Unit of a Major Hospital

  2. Prior to the enactment of Immigration Act of 1990, the numerical cap for H-1B employees was:

    There was no numerical cap.
    65,000
    115,000
    115,000, although persons in H-1B status who are employed by universities, non-profit or government research institutions are not subject to the cap.

  3. Which of the following persons are exempt from the H-1B Cap?

    H-1B worker employed by university or research laboratory
    Person applying for a change of status to H-1B
    Former H-1B visaholder who has remained abroad for a period of one year
    H-1B worker applying for extension of stay or a change of employers

  4. Certain professionals may work in the U.S. in "TN" status even though they have been employed as H-1B's for six years. To qualify for TN status, one must

    Be born in Canada
    Be a citizen of Canada or Mexico
    Be born in Mexico or Canada
    Be a citizen of any country which participates in the Visa Waiver Pilot Program

  5. You are an H-1B visaholder with a pending labor certification or visa petition. Your 6th year of H-1B status will expire on June 15, 1999. Which of the following strategies is most likely to insure that you will achieve permanent residence status?

    Your employer transfers you temporarily to its branch office in Puerto Rico.
    You continue to work in the U.S. without authorization.
    Your employer transfers you temporarily to a branch office abroad.
    You enter into a sham marriage with a citizen of the United States.

  6. If you applied for a change of status to H-1B before the cap was reached, what is your status between the date that the cap is reached and whenever your change of status is approved by the INS?

    . You may start working as soon as your application is submitted to the INS.
    You may start working after your application is approved by the INS or on the date specified in the Notice of Approval, whichever is later.
    You must immediately depart the U.S. and wait for your H-1B visa to be issued abroad.
    You may work as a volunteer for your new employer while your application is pending.

  7. You are an H-1B visaholder who is about to reach the end of your sixth year in the U.S. You may reside abroad for one year or more, and then have your employer re-petition you for H-1B status. What happens to your labor certification, visa petition and priority date while you are working abroad?

    Your employer must submit a new labor certification or visa petition for you after you return to the U.S.
    Both your labor certification and visa petition are invalid. However, your employer may submit a new labor certification/visa petition for you while you are abroad.
    As long as your employer continues to pursue your labor certification and visa petition, all of your rights remain intact and your priority date is the date that your application for labor certification was received by your State Employment Security Agency (SESA).
    Although the labor certification and visa petition remain valid, your new priority date is the date that your return to the U.S. on your H-1B visa.

  8. Assuming you meet all of the statutory and regulatory requirements, as an H-1B visaholder who is about to reach the end of your sixth year in the U.S., you may change your status to which of the following nonimmigrant categories:

    "O-1" (Extraordinary Ability)
    "TN" (Trade NAFTA)
    "E-2" (Treaty Investor)
    All of the above.

  9. What happens to you as an H-1B visaholder with a priority date in 1996 if you overstay your period of authorized stay in the U.S. by over one year?

    Since you have been "unlawfully present" in the U.S. for over one year, you can not obtain a green card because you are subject to the ten-year bar of excludability.
    Since your priority date is before January 15, 1998, you can apply for adjustment of status under section 245(i) of the immigration law if you pay the applicable fine.
    If you are being petitioned under an employment-based category, you can apply for adjustment of status under section 245(k) of the immigration law without paying a fine.
    Since you entered the U.S. legally, you may apply for adjustment of status under section 245(a) of the immigration law without paying a fine.

  10. What happens to you as an H-1B visaholder with an employment-based priority date of March 15, 1998 if you do not apply for adjustment of status until 150 days after you reach your sixth year as an H-1B?

    You can apply for adjustment of status under 245(a) because of the 180 day "grace period".
    You can apply for adjustment of status under 245(k) because you have not failed to maintain lawful status, engaged in unauthorized employment or otherwise violated the terms and conditions of your admission for over 180 days in the aggregate.
    You can pay a fine of $1,000 and adjust your status under section 245(i).
    None of the above

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