The Danger of Creating a New Law out of Thin Air

June 30, 2014 Mario Guevara-Martinez

Published on 30 June 2014 Hits: 585

It is extremely risky to create a new law out of thin air. Not only is Ignorance of the law a problem but so is making up a law as it takes away potential opportunities.

Occasionally people complain that they do not know whose word to take as people tell them different things and even lawyers give differing advice. Proving the law is easy as lawyers can point to it in the Code book, but it is impossible to prove that a law does not exist unless having looked through an entire Code book.

For instance, some people believe that common sense dictates that the following is “true” but not all of it is the “truth.”

Thinking that H-1B transfer is only allowed to a similar occupation is one example. During the last step of a green card case, the case will not be rejected for changing companies if the subsequent occupation is similar. Thus, people think this same rule applies to H-1B but that is not the case. It is still possible to transfer to a different occupation.

There are also instances where one has to start the green card process all over again even with an approved I-140 and priority date because the company closes down while waiting for visas to become available. In this case, there are instances where one will not start a new green card process even with a new job offer believing that it has to be the same occupation. Even if the old priority date is used, the case can proceed with a different occupation as it is a new case.

Some people also believe that green card can be obtained after working under work visa for several years. A green card case is possible the other way around and the applicant need not even be currently working for the sponsor.

Or some will not attempt applying for a part time work visa thinking that it is not allowed. Job offers for green card must be full time but work visas can be part time or for multiple jobs.

Incorrect knowledge like the above may seem trivial and may not have any effect but depending on the circumstances, may also cause loss of an opportunity or time wasted.

In the past, a client told me this. He had consulted with several people and none of them had told him they were unsure but merely said that it was impossible. If just one of them had told him to look into it further, he would have but did not and regrets having wasted several years thinking it was impossible.

For important and difficult matters, it is recommended not only to ask for opinions but also confirming the evidence that supports the opinions. Let us not give up so easily without putting in the effort.