MVP LAW GROUP – Immigration Q&A Forum, Friday, September 27, 2013

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Question #1H-1B Nonimmigrant Visa
I have an H-1B application pending since April 2013, CAP case, no RFE issued yet. Can I contact USCIS and make a service request for them to look further into the case and why it is taking so long? Filed at Vermont.

Answer #1
If your case is outside of the normal processing time, the Petitioner/Authorized Representative or an Attorney for the Petitioner/Applicant should contact the USCIS National Customer Service Center, which can be reached at 1-800-375-5283, to initiate the service request for a petition that is outside of the normal processing time.

If making a service request to the Customer Service Center, please have the following information available so the Representative will be better able to assist you: your full name, the applicant’s full name, your complete company mailing address, the applicant’s complete mailing address, the applicant’s date of birth, the applicant’s receipt number for the pending application/petition, and the filing date of the applicant’s pending application/petition. If your case is outside of the normal processing time, the Officer should initiate a service request and will provide you with a timeframe for a response and a referral number in case you have to call back because no correspondence was issued within the timeframe suggested.

Question #2Family Based Immigration
How does the USCIS define an immediate relative?

Answer #2
The term “immediate relative(s)” is used to define certain immigrant relatives of U.S. citizens. Immediate relatives include:
• Spouses of U.S. citizens • Children (unmarried and under 21) of U.S. citizens •Parents of U.S. citizens (The petitioning citizen must be 21 or older.)

Question #3 – Removal Proceedings What is a Cancellation of Removal?

Answer#3
Cancellation of removal is a form of immigration relief available to individuals who have been placed in removal proceedings before the United States Executive Office for Immigration Review (EOIR).

Question #4 – Naturalization About three and a half years ago, I was admitted to the United States as a legal permanent resident because I am the wife of another legal permanent resident. My husband naturalized about two and a half years ago. I am anxious to become a citizen as soon as possible. What requirements do I have to meet? When is the earliest I can apply?

Answer#4
The general requirements for administrative naturalization include:
• A period of continuous residence and physical presence in the United States;
• Residence in a particular USCIS District prior to filing;
• An ability to read, write and speak English;
• A knowledge and understanding of U.S. history and government;
• Good moral character;
• Attachment to the principles of the U.S. Constitution; and,
• Favorable disposition toward the United States
For more information and Natz resources, please check out our website.

Question #5 – H-1B Nonimmigrant Visa Do non-profits come under the same category as far as H1B is concerned?

Answer #5
If you are the beneficiary of an H-1B nonimmigrant visa for a company that is a not-for-profit, and they have sufficient proof of their qualifying non-profit status according to USCIS criteria, then any new H-1B nonimmigrant petition filed by that company is not subject to the annual H-1B nonimmigrant visa CAP. An H-1B petition for new employment can be filed at any time.

Question #6 – H-1B Nonimmigrant Visa I recently filed for H4 Change of Status and yet to get my receipt notice. My employer came back to me with another job offer. Can we file for H1B Extension while H4 Change of Status is in progress? My H1B Visa validity is till 12/13/2013. Can my H4 Change of Status filing be stopped?

Answer #6
Generally, yes. Does your employer have an Immigration Attorney? If not, I would recommend contacting an experience Immigration Lawyer to discuss the specifics of your case.

Question #7Employment Based Green Card
How soon can we file a second I-140? It has been six months since our first was denied.

Answer#7
You can file a second I-140 at any time as long as you have valid certified Labor Certification to support the I-140, Immigrant Petition for Alien Worker.

Question #8– Family Based Immigration Do you need a Certificate of Naturalization to file an I-130? I can’t find a copy of mine. Can I use my US passport?

Answer #8
You can send a copy of your US passport biographic data page as proof of your US citizenship.

Question #9 – Employment Based Green Card Can an employer withdraw a PERM electronically or do they have to mail in a request?

Answer #9
Yes. If the application was filed online, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box. If the application was filed by mail, a withdrawal request must be sent to the National Processing Center to which the application was originally submitted.

Question #10 – Employment Based Green Card If I have a Master’s Degree (or foreign equivalent), can I automatically qualify for the EB-2 category?

Answer #10
It depends upon the particular sponsoring employer’s minimum education and experience requirements for the proffered position.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, October 11, 2013!

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