Immigration Q&A Forum – Originally posted 6/21/13

This blog entry was originally posted on 6/21/13. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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Question #1 – Employment Based Green Card
Will anyone that has an advanced degree qualify for an EB-2 Immigrant Visa?

Answer #1
No. Qualifying for the EB-2 preference classification ultimately depends upon the employer’s minimum requirements for the proffered position.

Question #2 – Employment Based Green Card
If I have completed my Master’s degree though an on-line US university, can I apply for an EB-2?

Answer #2
It depends. Is the University accredited? Again, qualifying for the EB-2 preference classification ultimately depends upon the employer’s minimum requirements for the proffered position.

Question #3 – Employment Based Green Card
Should I file my I-140 petition through regular processing or premium processing to get my case expedited faster?

Answer #3
If you simply just want the case adjudicated faster, than premium processing will provide you with a decision on the case within 15 calendar days of filing. However, if there is no need to spend an additional $1225.00 USCIS filing fee, then regular processing is sufficient.

You should consider the following when determining whether to file through regular processing or premium processing: Is your priority date current? Is your priority date predicted to be current soon, within the next 2-3 months?

Question #4 – Permanent Residence
If my permanent resident card has expired, do I need a visa? Or is it possible to renew my permanent residence?

Answer #4
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 #5 – Employment Based Green Card
Should I file my I-485 with my I-140 or wait until my I-140 is approved?

Answer #5
If you are eligible to file forms I-140 and I-485 concurrently, then you should file them concurrently. If you are not eligible to file them concurrently, then you must wait for approval of the I-140 and your priority date must be current before submitting Form I-485 to the USCIS.

Question #6- DACA
Can I still apply for DACA if I am currently in removal proceedings?

Answer #6
This process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those currently in removal proceedings.

Question #7 – General
Can my children go to a U.S. public elementary school on a dependent visa?

Answer #7
Yes.

Question #8 – Adjustment of Status
I was able to file I-485 application back in 2007 in EB3. Now I am recipient of an approved I-140 in EB2 classification. Do I need to submit a new I-485 even though the EB-3 I-485 is pending with USCIS?

Answer #8
No. The USCIS should be able to link up your existing I-485 petition with the current filing. You can always contact the USCIS National Customer Service Center for additional information concerning your Adjustment of Status filing, 1-800-375-5283.

Question #9 – H-1B Nonimmigrant Visa
My H-1B is going to expire on October 1? Is it too early to file for an extension of my stay?

Answer #9
No, you may file for an extension of your H-1B up to 6 months in advance of the expiration date.

Question #10 – H-1B Nonimmigrant Visa
Can my small “start- up” company obtain an H-1B visa for a nonimmigrant worker? We have less than 25 employees!

Answer #10
Yes, please contact our office to further discuss.

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

MVP LAW GROUP –Immigration Q&A Forum – Originally posted 6/21/13

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