MVP LAW GROUP – Immigration Q&A Forum, Friday, October 11, 2013

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- Green Card
My husband is a naturalized US Citizen and my daughter was born in the United States. I am from Ireland but have a Green Card. How do I know I am eligible to apply for Citizenship?

Answer #1
If you received your GC through Marriage to a USC, you will have to wait three years once becoming an LPR, and also meet the eligibility criteria for applying for Citizenship through Naturalization. If you received your GC through Employment or other means, you will have to wait five years once becoming an LPR, and also meet the eligibility criteria for applying for Citizenship through Naturalization.

Question #2 – H1B Nonimmigrant Visa
Can I work for more than one employer on an H-1B Visa Status?

Answer #2
Yes, you may work for multiple employers in H-1B visa status, as long as an I-129, Petition for a Nonimmigrant Worker has been filed on your behalf by each of the companies with the USCIS and approved. As an H-1B visa holder, you are able to hold full time work as well as a sponsored part time position, if your employers are willing and able to accommodate you, or multiple part time positions, etc. It is recommended that you contact an experienced Immigration Attorney so that the Form I-129 and LCA are prepared and filed appropriately.

Question #3 – Family Based Immigration
I would like to file a Family Based Immigration application for my Scottish husband. How do I know which preference category?

Answer #3
We would need some further information from you concerning your question. What is your current status in the US? Are you a USC, an LPR, temporary work visa holder, a visitor, etc.? If you are a USC, your husband would be considered an immediate relative. If you are an LPR, your husband would fall under the F2A preference category. If you are not a USC or LPR, you cannot file a Family Based immigration application on behalf of your Scottish husband.

Question #4 – Green Card
Do I have to be living in the United States to apply for permanent residence?

Answer #4
No. If you are living in the United States and eligible to apply for permanent residence, you would do so by preparing and filing Form I-485, Application to Adjust Status to Permanent Resident. If you are not living in the United States and are eligible to apply for permanent resident status, you would do so through Consular Processing, filing the necessary forms/documentation with the National Visa Center who then works directly with the Consulate to schedule your Interview for permanent resident status.

Question #5 – Green Card
What happens if I am here without permission and I try to adjust my status?

Answer #5
DO NOT DO IT. It is highly recommended that you speak with a qualified Immigration Attorney about your present situation and any forms of relief that may be presently available.

Question #6- Employment Based Immigration
I am a Medical Research Doctor from India and I am planning to work at a US University. What Employment Based preference category do I use for my Visa?

Answer #6
It is recommended that you speak with an experienced Immigration Attorney about your qualifications as you may be eligible for an EB1 and/or EB2 preference filing.

Question #7 – Green Card
What should I do if I lost my Green Card?

Answer #7
Apply for a new one. File Form I-90 with the USCIS with the necessary USCIS filing fee of $365.00 + $85.00 for biometrics, and supporting documentation.

Question #8 – H1B Nonimmigrant Visa
I do not have a copy of my I-94 from my last entry to the US in August, but I need it for my H-1B renewal. What should I do?

Answer #8
Go to https://i94.cbp.dhs.gov/I94/request.html to retrieve and print a copy of your electronic I-94.

Question #9 – Nonimmigrant Visa
Can I travel on my current nonimmigrant visa or do I need to get advance parole?

Answer #9
If you have a valid nonimmigrant visa stamp in your passport and copies of your approval notice and a copy of the petition, you should be able to travel on your nonimmigrant visa. Advance Parole is a separate creature that you may apply for once you are eligible to file an I-485 petition for either a family based or employment based green card. The Advance Parole document allows you to travel outside the country while your I-485 application is pending.

Question #10 – H1B Nonimmigrant Visa
I have been working with my present employer for two years, but have found a position with a different company. My H-1B Approval Notice is valid until next year. Can my H-1B approval be transferred to this new company?

Answer #10
Yes. The new company interested in sponsoring your H-1B work visa will need to prepare and file the requisite paperwork with the USCIS in order for you to transfer your H-1B to the new employer.

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 25, 2013!

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