MVP LAW GROUP – Immigration Q&A Forum, Friday, July 18, 2014

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Question #1 – H1B Nonimmigrant Visa
I’ve been out of the US for over 6 months in Ghana working on an assignment for the company that sponsored my H1. The assignment ends this Friday and I’m scheduled to be back in the US this Sunday. Is there anything I need to do with my H1 before I leave Ghana?

Answer #1
You did not provide enough details to provide an adequate answer. Do you have a valid H-1B visa stamp from your current employer in your passport? If so, then you should be good to go; however, we do recommend having handy an employment verification letter from your current employer establishing that the job is still available as you have been outside of the U.S. for over 6 months.

Question #2 – General
I moved recently to the US with a B1 visa which as of today is expired and I have overstayed my visit. However, I would like to change my status in order to indulge in business in the US. What steps do I need to undergo to accomplish this?

Answer #2
You need to immediately contact a qualified Immigration Attorney to discuss all available options along with all risks/consequences involved.

Question #3 – Employment Based Green Card
My previous employer filed an I-140 petition in the E-B3 category. Can I transfer my priority date to the new I-140 Petition in E-B2 from my current employer?

Answer #3
Yes, you may, as you are entitled to the earliest priority date if multiple petitions have been filed on your behalf. You would need to specifically make a request for the USCIS to recapture your earlier priority date from the EB3 filing.

Question #4 – H1B Nonimmigrant Visa
If my I-140 is denied, can I apply for a 7th year Extension of my H-1B?

Answer #4
It depends. Contact a qualified Immigration Attorney to discuss your specific case.

Question #5 – Employment Authorization Document (EAD)
Since my I-485 application is still pending; I need to renew my EAD. How many days are needed for me to renew the EAD in advance of the expiration? Can I work when the renew process is pending?

Answer #5
You are allowed to apply for an extension of your EAD 120 days in advance of its expiration. You CANNOT work if your previous EAD has expired and you do not have the renewed EAD in your hand.

Question #6 – Employment Based Green Card
I plan to file my I-140 and I-485 petitions soon. In addition, I would like to get EAD as quickly as possible for my wife. Do I have to receive my I-140 petition approval first before I submit the EAD application?

Answer #6
Not enough details provided. Are you eligible to file the I-140/I-485 petitions concurrently? You may only submit the I-485/I-131 and I-765 if there is an immigrant visa number available to you (if your priority date is current according to the monthly visa bulletin distributed by the DOS). More details are needed in order to adequately address your question.

Question #7 – H1B Nonimmigrant Visa
If I qualify for an extension of my H-1B visa past the 6-year limit, can more than one extension be granted?

Answer #7
Yes; however how many and for how long depends upon how you qualify.

Question # 8 – H1B Nonimmigrant Visa
Recently, my Visitor’s visa was denied by the US Consulate. Will this denial affect my chances of obtaining an H-1B Visa?

Answer #8
It depends upon a multitude of factors. Why was your visitor visa denied? Do you have a U.S. employer willing to sponsor you for a specialty occupation and do you have the necessary qualifications for the position? Please contact a qualified Immigration Attorney to further discuss.

Question #9 – H1B Nonimmigrant Visa
My H-1B Case was not selected during the FY 2015 Cap Season. Will my employer be able to refile for me next year?

Answer #9
Yes, if your employer remains willing to sponsor you and wishes to re-file the petition with the USCIS.

Question #10 – EB5 Investor Visa
For an E-B5 Visa, do I need previous business experience or a business degree?

Answer #10
Although helpful, it is not a requirement.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, August 1, 2014!

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