MVP LAW GROUP – Immigration Q&A Forum, Friday, September 14, 2012

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Question #1 – Employment Based Immigration – Green Card: Biometrics
The fingerprints that I gave the USCIS a while ago are set to expire soon. Should I make an Info Pass appointment at my local USCIS office to give them a new set of fingerprints?

Answer #1
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

Question #2 – J-1 Visa
I have a J1 visa and some things have occurred and now my sponsor wishes to cancel my visa. My question is what is the time period that I have to leave the country without incurring any unlawful presence?

Answer #2
Considering the circumstances, if your visa was cancelled, you should make arrangements to leave immediately. If your visa has expired, which is different, you should make arrangements to leave within 30 days of the expiration of your J1 visa, this time period is called a ‘grace period.’

Question #3 – Non-Immigrant Visas
Are a B-1 and an H-1B visa interchangeable as far as my ability to work in the United States?

Answer #3
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 #4 – Green Card: Travel
We just applied for my husband’s green card. Can he travel back home to visit family while the I-485 is pending?

Answer #4
If you included Form I-131 in the Adjustment of Status petition for your husband, then once Form I-131 is approved, he should be able to travel back home to visit his family while his I-485 remains pending. Form I-131 is called Advance Parole, the document will allow him to exit and enter the United States for the validity period listed on the document.

Question #5 –Temporary Work Visa: H-1B
What should I do if I am fired from my job while in the United States on an H-1B visa?

Answer #5
If you have been fired from your job while in the United States your employer is liable to pay for your return transportation to your country of residence. Your employer is also responsible for informing the USCIS that you are no longer an employee. Once the USCIS receives this information, they will revoke the underlying H-1B.

Question #6 – Green Card: Family Based
My EB-2 priority date is January 18, 2010 and I have a pending I-485 application. My fiancé and I are getting married in February 2013. Since my I-485 is not approved yet, I heard thru the online forums that it is possible to include her 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?

Answer #6
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 #7 – DACA
I think I am eligible under DACA. Do you think given the risks, I should file my application?

Answer #7
Only YOU can make the decision of whether or not to file your application. I would recommend that you speak with a qualified Immigration Attorney first to discuss your eligibility and the risks involved in submitting a DACA Application to the USCIS. Please feel free to contact our office.

Question #8 – Tourist Visa
How do I provide proof of return, if I have gone home after being on a tourist visa?

Answer #8
When you exit the United States, you hand over your I-94, Arrival-Departure Document. When you enter your home country, your passport is stamped with the date of your arrival. This passport stamp serves as proof of your return to your home country.

Question #9 – Student Visa (F1)
Should I apply for a student visa before or after I am accepted to an institution in the U.S.? And approximately how much time should be in between when I apply for the visa and when I plan on coming to the States?

Answer #9
You should apply for a student visa after you are accepted into an SEVP certified institution in the United States. The School will assist you in completing the necessary paperwork and obtaining the appropriate papers (Form I-20) for you to obtain your student visa, enter the U.S. and begin your education in the U.S. Students are encouraged to apply for their visa early to provide ample time for visa processing. Students should note that Embassies and Consulates are able to issue your student visa 120 days or less, in advance of the course of study registration date. Students should be advised of the Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20.

Question #10 – Temporary Work Visa: H-1B
Can I travel in and out the country at free will while on an H-1B visa?

Answer #10
You may travel in and out of the U.S. while on the H-1B visa if you have a valid H-1B visa stamped in your passport; however, we recommend that you limit your international travel to emergency/vacation purposes. Customs and Border Patrol (CBP) is the agency that grants or denies re-entry into the U.S.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, September 28, 2012!

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