MVP LAW GROUP – Immigration Q&A Forum, Friday, October 25, 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- H1B Nonimmigrant Visa
My Visa was expired on Sept’ 2010(first 3 yrs.), still is it eligible to re-open my Visa, after I got Visa I didn’t travelled to US in Visa valid period. 2) I would like to know if the expired H1 can be re-opened/ re-filed?

Answer #1
Generally speaking, as long as an H-1B petition was filed on your behalf and approved in the past 6 years and there is time remaining, and you have a current offer of employment from a U.S. employer, you are eligible to recapture and reinstate any time remaining in H-1B status.

Question #2 – H1B Nonimmigrant Visa
I am from Bangladesh (nearby India). I have Master’s Degree in Commerce & working experience 10 years + as an Accountant. I need your help for employment/Sponsors offer from USA Company also.

Answer #2
Our office does not assist in finding offers of employment from Sponsoring U.S. employers. However, once you find a willing U.S. Sponsoring Employer, our office may assist you in obtaining the requisite visa applicable to the sponsorship.

Question #3 – H1B Nonimmigrant Visa
My H1B case is still “Initial Review” from 2009 and my employer is out of the business and he closed his office. I am staying out of USA and living in India. Please help how to proceed to get the H1B case to move forward for next steps.

Answer #3
If the sponsoring employer is out of business and has closed his office, then a valid job offer does not continue to exist, and therefore, an approval will not be forthcoming. You should speak with a qualified immigration attorney to discuss the specifics of your situation and whether there are other options available for you.

Question #4 – H1B Nonimmigrant Visa
How soon can we begin to prepare for H-1B Annual Quota?

Answer #4
MVP Law Group, P.A. begins to accept H-1B CAP cases beginning in November for the CAP period opening April 1. Generally, we begin to publically advertise in mid-January, as it takes time to adequately prepare and gather all of the supporting documents, credential evaluations, etc.

Question #5 – E3 – Australian Visa
I am currently in Australia, Australian national, never rec’d E3 before, and I have conflicting information concerning this. Is it necessary that my sponsoring employer submit an I-129 to the USCIS for me to obtain the E3 visa?

Answer #5
It is not necessary to submit and obtain approval of Form I-129 with the USCIS prior to applying for the E3 visa at the Consulate. There are several required documents that you are required to submit at the Consulate, one of the most important being a certified LCA; however, there is no requirement that an I-129 be filed with and approved by the USCIS prior to applying for the E3 directly at the Consulate.

Question #6 – Family Based – Removal of Conditions
My child is a U.S citizen; can I obtain legal status in the U.S from my child?

Answer #6
The U.S. citizen petitioner must be 21 years of age in order to petition on behalf of their parents.

Question #7- Employment Based Green Card
How long do I have to live and work in the United States before I can apply for my Green Card?

Answer #7
There is no set period of time that you must live and work in the United States before you may apply for a Green Card or have a U.S. employer sponsor your Green Card.

Question #8 – Employment Based Green Card
I am in 6th year of H-1B. I have an approved I-140 from my previous company, and my current company is in the process of filing a new I-140. Can I extend my H-1B with the previous company’s I-140 approval?

Answer #8
Pursuant to AC21 law, an H1B nonimmigrant may extend his or her status beyond the 6 year limitation if a labor certification, I-140, or employment based adjustment of status application has been filed where 365 days or more have elapsed since the filing of the labor certification or I-140. Or, where the H1B nonimmigrant has an I-140 petition which has been approved under the employment based green card and the AOS/485 is pending due to the unavailability of visa numbers.

Question #9 – Family Based Green Card
Is it true that the CIR that the Senate passed a while back would totally eliminate the ability for U.S. citizens to bring their sisters and brothers to the U.S. and receive green cards?

Answer #9
The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744) passed by the Senate on June 27, 2013 would eliminate the F4 Category.
This means that Adult U.S. Citizens would no longer be able to petition on behalf of their Brothers and Sisters. Although the backlog is significant, if you are eligible under this category, you should consult with an Immigration Attorney to discuss your case.
PLEASE NOTE THAT S.744 IS NOT A LAW.

Question #10 – H1B Nonimmigrant Work Visa
I am an international student with F1- status and Associate degree that I obtained here in US. Am I qualified to change my status to h1B VISA?

Answer #10
Unfortunately, you are not, unless you possess qualifying work experience and/or training in the related specialty occupation. You can combine your education, training and/or work experience to satisfy the Bachelor’s degree requirement if you have the requisite years of experience. To be eligible to obtain an H-1B visa, you must possess a Bachelor’s degree in a Specialty Occupation field, and the position for which you are being sponsored must require at a minimum the attainment of a Bachelor’s degree in a specific specialty occupation field.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, November 8, 2013!

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