H1B Visa Lawyer Blog
This blog entry was originally posted on 5/25/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!
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. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
Question #1 – Employment Based Green Card
Does an approved labor certification allow me the legal right to work within the U.S.?
Answer #1
No. An approved labor certification only allows your employer to file an EB-2 or EB-3 category immigration petition on your behalf.
Question #2 – Permanent Residence
Can I work in India while holding US green card and not jeopardize my naturalization process in US?
Answer #2
There are various eligibility requirements to qualify for Naturalization – Be 18 or older; Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization; Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application; Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application; Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application; Reside continuously within the United States from the date of application for naturalization up to the time of naturalization; Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics); Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law.
Additionally, if you remain outside of the U.S. for a period of one year or longer, Customs and Border Patrol (CBP) does have the authority to question you and may take your Green Card, as they consider trips of 1 year or longer without a re-entry permit, abandonment of Lawful Permanent Residence in the United States.
Question #3 – Employment Based Green Card
What is the difference between a labor certification and a work permit?
Answer #3
A work permit or Employment Authorization Document (EAD) is a document that the USCIS issues to aliens stating that they are eligible to work on a temporary basis within the U.S. In contrast, a labor certification DOES NOT give the alien authorization to work within the U.S. Rather, it deals with future employment. Instead, a labor certification is the first step that allows the employer to file an immigration petition on the alien’s behalf.
Question #4 – H-1B Nonimmigrant Work Visa
Any H1Bs left?
Answer #4
As of May 18, 2012, there were approximately 42,000 H-1B Regular CAP subject nonimmigrant visas filed and 16,000 H-1B Masters Exemption nonimmigrant visas filed. 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.
Question #5 – Employment Based Green Card
Does an approved PERM labor certification provide me legal status within the U. S.?
Answer #5
No. It will, however, often provide the foundation for a later filing that can afford you legal status in the U.S. as a lawful permanent resident (green card holder).
Question #6 – General
How can I check the status of my application with Immigration Services?
Answer #6
There are two ways in which to check the status of your application with the USCIS. You may contact the USCIS National Customer Service Center at 1-800-375-5283 and speak with a Customer Service Representative. Or, you may go to www.uscis.gov and enter your receipt number into the case status box on the left hand side of the website.
Question #7 – Family Based Green Card
If my child is a U.S citizen can I obtain legal status in the U.S?
Answer #7
You cannot obtain legal status in the U.S. from your child until your child reaches the age of 21.
Question #8 – Employment Based Green Card
I have a part-time job and my employer agrees to file a PERM labor certification application on my behalf. Does a part-time position qualify for PERM labor certification?
Answer #8
No. The job offer must be for a permanent and full-time position. Part-time positions do not qualify. Please note, however, that the permanent and full-time requirements are for the future position when permanent residency is granted. You are not required to work full time at the time the labor certification petition is filed.
Question #9 – Employment Based Green Card
How much is the DOL filing fee for a PERM labor certification application?
Answer #9
No DOL filing fee is required for a PERM labor certification application.
Question #10 – General
Do I have to notify Immigration if I change my address?
Answer #10
Most non-U.S. citizens must report a change of address with the USCIS within 10 days of moving within the United States or its territories. Exceptions include: Diplomats (visa status A), Official government representatives to an international organization (visa status G), and Certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days. You may report a change of address by filing Form AR-11 either electronically or by mail with the USCIS.
MVP Law Group would like to thank everyone who contributed a question or comment.
MVP LAW GROUP –Immigration Q&A Forum – Originally posted 5/25/12
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!