MVP LAW GROUP – Immigration Q&A Forum, Friday, April 27, 2012

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 – H-1B Nonimmigrant Work Visa
How many H1s are left?

Answer #1
According to the USCIS, H-1B petitions being filed subject to the CAP have doubled since this time last year. As of April 20, 2012, there were approximately 25,000 H-1B Regular CAP subject nonimmigrant visas filed and 10,900 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our https://www.h1bvisalawyerblog.com.

Question #2 – Permanent Residence
If my permanent resident card has expired, do I need a visa? Or is it possible to renew my permanent residence?

Answer #2
A green card is valid for a period of 10 years; you may renew 6 months prior to its expiration. You may renew your green card by filing Form I-90 with the USCIS.

Question #3 – Employment Based Immigration – Green Card
Regarding a change of job, is there a recommended wait time after the green card that I can change my employer. On the EAD there was a 6mth after which I could do this, but was wondering after the GC if there is any such thing. Appreciate your response.

Answer #3
Although the regulations are silent on this issue, we recommend that you wait at least six (6) months before changing your employer to avoid issues if you intend on applying for citizenship when you become eligible.

Question #4 – H-1B Nonimmigrant Work Visa
What qualifies me as an “exempt H-1B employee”?

Answer #4
An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: (1) receives at least $60,000 in annual wages; or (2) has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended H-1B employment.

Question #5 – Family Based Immigration
Who is responsible for scheduling the visa immigrant Interview, us or the Consulate? My husband’s I-130 was just approved and just curious to know what we need to do next.

Answer #5
The National Visa Center (NVC) will be in contact with you to instruct you to pay the immigrant visa fee, prepare necessary forms and gather appropriate documents. Once the NVC has everything they need, they will forward the case to the Consulate. You will receive a notice of the date, time and place of the scheduled interview.

Question #6 – Employment Based Immigration – Green Card
I got my I-140 petition approved. Next step is to apply for AOS. What kind of document do I need to have for AOS application?

Answer #6
In order to apply for AOS, your priority date needs to be current, once your priority date is current, you will able to file the Form I-485, Application to Adjust Status to Permanent Resident along with the Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document. There are numerous background documents that will need to be submitted along with your petition, specifically, a sealed medical examination from a civil surgeon in your area, birth certificates, copies of federal tax returns, bank statements, and an employment verification letter, among other documents.

Question #7 – Employment Based Immigration – Green Card
I heard that even though I submitted my I-485 because my priority date was current, there is no chance of getting my green card within the next six months?

Answer #7
What you heard is correct, if you are an applicant from India or China-mainland born, and your I-140 was filed under the Employment based second preference classification.

The American Immigration Lawyers Association (AILA) confirmed with the State Department that the annual limit in the EB-2 category for China-mainland born and India had been reached as of April 11, 2012. USCIS will continue to accept adjustment applications based upon cut-off dates published in the April and May Visa Bulletins. However, requests from USCIS service centers and field offices for visas in the EB-2 category aliens chargeable to China-mainland born or India will be retained by DOS for authorization in FY2013, beginning on October 1, 2012.

Question #8 – Employment Based Immigration – Green Card
We filed a labor application and it was approved for a software engineer. We have not received the certified labor application in the mail (approved several weeks ago) and wish to move to the next step, file the I-140. What can we do?

Answer #8
Generally, there are two options available to you; however, both are rather similar. The recommended route is to file the I-140 petition with a request that the United States Citizenship and Immigration Service (USCIS) obtain the certified Labor from the Department of Labor (DOL) itself. The other option is to write a letter to the DOL notifying them that the USCIS will be requesting the certified Labor from them directly for purposes of filing the I-140 petition.

Question #9 – Employment Based Immigration – Green Card
Is an approved I-765 any indication that the I-485 is getting close to approval and would eventually BE approved without a hitch or are they autonomous processes?

Answer #9
They are separate and distinct creatures. Therefore, to put it simply, an approved I-765 is not an indication that the I-485 is getting closer to being approved.

Question #10 – H-1B Nonimmigrant Work Visa
My name is mistakenly typed in the form I-129 submitted to USCIS. In that form only, in all other forms (including I-129 supplements) it has typed correctly. Name mistyped on I-129, so reflecting wrong name on I-797, what I need to do now?

Answer #10
If you believe that the mistake on your I-129 receipt notice (Form I-797) would cause severe issues down the road, you will need to contact the USCIS National Customer Service number (1-800-375-5283) and speak with an Agent to request that the mistake be corrected, so that your I-129 Approval notice (Form I-797) will provide the correct spelling of your name.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, May 11, 2012!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!