MVP LAW GROUP – Q&A Forum, September 17, 2010

Posted On: September 17, 2010

Question #1 – Employment Based Immigration – Green Card - EAD Renewal
I filed for my EAD renewal back in August 2010 and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD since my card is expiring? What can I do I can’t risk losing my current job?

Answer #1
When an EAD renewal has been pending for 75+ days, you may initiate an ‘outside the processing times’ Service Request with the USCIS. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work. You MUST wait for your EAD card to arrive in the mail before you can begin to work again.

You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.


Question #2 – Employment Based Immigration – Green Card
I heard there are quite a few cases and USCIS staff can work on cases only up to available VISA numbers and once the numbers are consumed, then it could go back with the next VISA bulletin. I heard we could call the USCIS and provide details of our case so that based on first come first call; they would process and issue the GC.

Answer #2
You cannot call the USCIS to speed up the processing/issuance of your Green Card. Priority dates were established for this exact purpose. Each individual has a specific priority date which was issued to them when their Labor application was submitted to the Department of Labor (DOL). Only when the applicant’s priority date becomes current will the USCIS begin to process the applicant’s I-485 paperwork and thereafter may issue the Green Card. However, your attorney may contact the USCIS via email on your behalf if your I-485 application was filed through the Texas Service Center (TSC). The attorney may send an email to a specific email address to inform the Service Center that their client’s priority date is current. The “streamline” process was created to provide a mechanism for American Immigration Lawyer Association (AILA) members to facilitate TSC processes relating to the identification of EB I-485 applications. The email should only contain the applicant’s A# so the Service Center can efficiently identify and distribute work to the floor.


Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am currently working for a company, but I got an offer from 2 buisness men to start a new business with them as an equal partner. I really want to pursue that venture but I am not sure about a few things. Would it be better for me to change my status to self employed and than apply for the H1B visa for self sponsership?

Answer #3
To put it simply, the H-1B nonimmigrant visa is an employment based temporary nonimmigrant work visa. This means that you must first have a sponsoring employer willing to sponsor you before you may petition for and obtain an H-1B nonimmigrant visa. The H-1B regulations do not allow for self sponsorship.


Question #4 – General
What are the benefits of registering my company with E-Verify?

Answer #4
Several links have been provided below which: explain the program; provide a link to the website for enrollment, list the Dos and Don’ts of the program, and point out the potential drawbacks of the program.
What is E-Verify?
I-9 Employer Handbook
DOs and DONTS
Potential drawbacks


Question #5 – Family Based Immigration: Marriage – K1 Fiancé Visa
My daughter is a U.S. Citizen and is engaged to marry her German fiancé. Both have known one another for over seven years and have been engaged for two months. Can my daughter sponsor her fiancé? What needs to be done? What’s required?

Answer #5
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fiancé by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fiancé entering the United States; and (4) you must have met within two years of filing for the visa. Your daughter should first file a Petition for Alien Fiancé (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate consulate to interview the applicant. Once the applicant attends the consular interview and is approved for the visa, he may travel to the United States to marry your daughter. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer.


Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
My 6th year H-1B status expires next year and I have approved I-140 through different company. Can I use the approved I-140 to get a three year extension with my current employer?

Answer #6
Yes. Pursuant to AC21 law, an H-1B immigrant may extend his or her status beyond the 6 year limitation where the H-1B immigrant has an I-140 petition which has been approved under the employment based green card and the AOS/485 is pending due to the unavailability of visa numbers.


Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can I still file for an H-1B?

Answer #7
As of September 10, 2010, there were approximately 27,600 H-1B Regular CAP subject nonimmigrant visas remaining and approximately 6,300 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to www.mvp.com.


Question #8 – Employment Based Immigration – Green Card
My priority date is current and I want to file my I-485 application. How much are the filing fees?

Answer #8
Taken verbatim from the USCIS website - If you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization (EAD) on Form I-765 and/or advance parole (AP) on Form I-131. Accordingly, for a total of $1,010.00 you may submit Form I-485; Form I-765 and Form I-131 to the USCIS for processing. The filing fees are less for applicants 79+, and for children under the age of 14.


Question #9 – Temporary Work Visas – H-1B Nonimmigrant Visa
I’m on H-1B visa status, I am planning on traveling out of the US for a visit to my country; I want to make sure I don’t run into issues upon return. What documentation do I need to have for traveling?

Answer #9
If you MUST travel on H-1B status, we recommend that you have the following: at least two month’s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter on company letterhead with an official signature, the original approval notice, and any other documentation relating to the company that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.


Question #10 – Temporary Work Visas – H-1B Nonimmigrant Visa
I recently got a new project in Northern Virginia. I have North Carolina listed in my labor application. Do I need to file a new labor in Virginia?

Answer #10
According to the regulations governing the H-1B program, when you move to a new location outside of the geographical location listed on the original certified LCA, a new LCA as well as an amended petition must be filed with the USCIS.


MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, October 1, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.