MVP LAW GROUP – Immigration Q&A Forum, Friday, August 29, 2014

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 – General
I recently get a letter of “Notice of Intent to Deny” from USCIS for my I-140 application. What is the difference between the Request for Evidence and Notice of Intent to Deny?

Answer #1
A Request for Evidence (RFE) is issued when an application/petition is lacking required documentation/evidence (initial evidence) or the officer needs more documentation/evidence (additional evidence) to determine an applicant’s eligibility for the benefit sought. The USCIS may send a request for evidence at any stage of review. The request will indicate what evidence or information is needed for the USCIS to fully evaluate the application or petition. The notice will explain where to send the evidence and will give the deadline for the response. The application or petition will be held in suspense during that time.

A Notice of Intent to Deny (NOID) is issued when the USCIS has determined that the applicant is ineligible for the immigration benefit requested. The USCIS will allow the applicant an opportunity to overcome this USCIS determination by responding to the NOID within a specific time frame with specific evidence to demonstrate that he or she is eligible for the benefit sought.

Question #2 – H1B Nonimmigrant Work Visa
Currently, I am a H-1B holder working for a medical billing consulting company. I may be laid-off soon. Is there a USCIS policy giving a 60-day grace period to an H-1B laid-off worker to look for new job?

Answer #2
No, there is no 60 day grace period given by the USCIS, as the regulations are silent on this issue. This type of situation is viewed by the USCIS on a case-by-case basis. It is important that you speak with an Immigration Attorney concerning the specifics of your situation, feel free to contact our office.

Question #3 – DACA
I have DACA status. Do I need advance parole to travel outside of the United States?

Answer #3
Yes! DO NOT attempt to leave the United States without obtaining prior approval for international travel from the USCIS.

Question # 4 – Green Card
What is the purpose of the immigration medical examination? I have one scheduled next week for my I-485 application of status adjustment. How do I submit the exam results to USCIS?

Answer #4
According to the Department of State, Medical eligibility is a requirement of INA Sections 212(a) and 221(d). Failure to provide required information may cause delay or denial of immigrant visas. If an immigrant visa is not issued, all medical eligibility forms will be treated as confidential under INA Section 222(f).
Print out and bring the most recent version of Form I-693, Report of Medical Examination and Vaccination Record, to your medical exam appointment: Fill out Part 1 of Form I-693 but do not sign until the civil surgeon instructs you to do so. The civil surgeon will use Form I-693 to document the results of your medical exam. The designated civil surgeon will complete, sign and seal Form I-693 and any supporting documents in an envelope. You must submit the sealed envelope to USCIS as directed in the Form I-693 instructions. IMPORTANT: Do not break the seal or open this envelope. USCIS will not accept Form I-693 if it is not in a sealed envelope or if the envelope is altered in any way.

Question #5 – Family Based Immigration
My mother filed an I-130 for me and it has been approved. I am an unmarried woman over 21. Many have told me to wait for a visa number to be available before filing for an adjustment of status. However, I want to know if in the meantime, can I file an I-765 Employment Authorization?

Answer #5
Unless your priority date is current, the date your I-130 petition was accepted by the USCIS for processing, you cannot file for adjustment of status, nor can you file for Employment Authorization. You must wait your turn in line according to the preference category as displayed on the monthly visa bulletin.

Question #6 – Green Card
Since 1985, I have had a green card. There are some family issues and I need to return home to England for about a year. Do I file advance parole or an re-entry permit?

Answer #6
A Re-entry permit! You may want to speak with an Immigration Attorney to discuss your eligibility for Naturalization, feel free to contact our office.

Question #7 – H1B Nonimmigrant Work Visa
My company is in the process of merging with a larger company, and there may be some changes to my job duties or even my job location. I am on H-1B and they have also filed for my Green Card in EB2. Do you think my new employer should file an amended H-1B petition to the USCIS or a new PERM?

Answer #7
This type of determination is made on a case-by-case basis as several factors must be considered. Your employer should speak with a Qualified Immigration Attorney to discuss the possible immigration related consequences of a merger/acquisition.

Question #8 – Green Card
I am working with an EAD. My I-485 remains pending and is based on Employment in EB2. Is it possible for me to register and run an LLC company in partnership with another Green Card holder?

Answer #8
More information is required in order to provide an accurate answer given your particular situation. Are you currently working for your sponsoring employer? If not, has an AC21 portability request been filed? Etc. Please feel free to contact our office to further discuss your options and any risks that may be involved.

Question #9 – H1B Nonimmigrant Work Visa
For an H-1B transfer from a company to another company, how soon can the immigrant employee start to work for the new employer?

Answer #9
It depends upon the type of company the applicant is transferring from/to; however, generally speaking the employee can start to work for the new employer as soon as USCIS has accepted the H-1B transfer filing.

Question #10 – Family Based Immigration
A few months ago, I filed an I-130 petition for my spouse based on my LPR status. Last month, I just got naturalized. How much time do you think it will take for an approval of my I-130 petition?

Answer #10
Have you contacted the USCIS to inform them of this material change in your status, which would move your spouse from a preference category relative to an immediate relative? According to the USCIS posted processing times, it appears 6-8 months for processing of the I-130 petition.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, September 12, 2014!

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