MVP LAW GROUP – Immigration Q&A Forum, Friday, January 20, 2012
Posted On: January 20, 2012
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Question #1 – General
If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself?
It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters were different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case.
Question #2 – Consular Processing
What is the purpose of consular processing?
Consular Processing allows applicants who have been approved for an Immigrant Visa, with an Immigrant Visa immediately available - the ability to apply at the U.S. Department of State Consulate abroad in order to come to the United States and be admitted as a Permanent Resident.
Question #3 – Consular Processing vs. AOS
What is the difference between consular processing of immigrant visa and adjustment of status?
Adjustment of Status is an alternate process by which an individual who has been approved for an Immigrant visa with an Immigrant visa immediately available,the ability to apply from within the United States to adjust status to that of a Permanent Resident without returning to their home country to process paperwork.
Question #4 – Temporary Work Visa
If I plan to continue working for my employer in the United States, at what point should I apply for an extension?
It depends upon which type of nonimmigrant visa you are utilizing. For the H-1B (Specialty Occupation) nonimmigrant visa, you are able to apply for an extension at least 6 months prior to the visa’s expiration date.
Question #5 – Premium Processing
How does premium processing for the H-1B visa work?
Premium Processing is an option that allows a case to be adjudicated within a period of 15 calendar days from the date the USCIS receipted the case. For an additional USCIS filing fee of $1225.00, the USCIS will review the case and make a decision within the specified time period. If an RFE is issued, once the response is received by the USCIS, the clock begins to run again for 15 calendar days. Regular processing is currently taking 2-3 months from the date of filing to be adjudicated by the USCIS.
Question #6 – General
Is it necessary that I have someone sponsoring me when I apply for a visa?
It depends, as almost all types of visas require sponsorship whether employment based or family based.
Question #7 – Visitor Visa v. Temporary Work Visa
Are a B-1 and an H-1B visa interchangeable as far as my ability to work in the United States?
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.
Question #8 – General
My sister is filling up the form DS 160 for H1b through her multinational company in India. What should she mention in the question, “Do u have a relative in USA”? I was on J1 visa for 3 years and got F1 approved while in USA only. But unfortunately, I lost my F1 visa due to Tri Valley University, but I am still enrolled as full time student in a school in USA and the F1 reinstatement application is still pending with USCIS. Will she face further questions on my visa details or terminated SEVIS during visa interview? Can it jeopardize her prospects of getting visa?
Your sister should be truthful in the completion of her DS-160 application. Your status should not affect her status. This ultimately is an application and an interview regarding her potential employment and should not concern you. It is not her business to know all of the details of your visa status. The questioning from the visa officer should be centered on her, not her family or your status. Your visa status/circumstances should not jeopardize her attainment of an H1B nonimmigrant visa.
Question #9 – Green Card
My EB-3 priority date is October 18, 2006 and I have a pending I-485 application filed back in July 2007 when all categories were current. My fiancé and I are getting married in February 2012. Since my I-485 is not approved yet, I heard that it is possible to include him in my green card application so that both of us can get our green cards when my priority date is current. Is that true? If so, when and how should I start the process?
You will need to wait for your priority date to become current before you are able to file your spouses’ I-485, Adjustment of Status application.
Question #10 – Schedule A Green Card
Hi! I would like to ask regarding the schedule A visa for Registered Nurse. I am a Filipino citizen, residing at spring, Texas, USA. My visa is H1-B as medical Technologist and i just came last November 2011.I have SSN already. I am a registered Nurse also in the US with CGFNS visa screen certificate and NCLEX passer, licensed in the states of California and Texas.. My employer just mentioned to me about the green card application for Registered nurses. Is it possible for my case to apply for the said green card application? Thank you.
Based on the information you have supplied, you seem to be eligible as a Registered Nurse to obtain permanent residency through the Schedule A Green Card category.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, February 3, 2012!
Please remember to submit your questions/comments on our h1bvisalawyer blog.