MVP LAW GROUP – Immigration Q&A Forum, Friday, November 7, 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 – H-1B Nonimmigrant Visa
I am on F-1 visa and my OPT EAD will expire on August 15, 2015. My employer is ready to file my H-1B Petition when the H-1B Cap opens. Can I continue to stay in the US and work during the gap period?

Answer #1
Based upon the facts you have provided, it would appear that the answer to your question is yes. H-1B CAP GAP is a regulatory provision which extends an eligible F-1 student’s status to bridge the gap between the end of F-1 status and start of H-1B status, thereby allowing the student to remain in the US during the “gap.” It is recommended that F1 students, whose F1 status expires after submission of the H-1B petition, NOT leave the country prior to receiving the H-1B nonimmigrant visa status in October.

Question #2 – Employment Based Green Card
My H1-B’s 6 year time limit will be reached in January 2015, but my I-140 petition is still pending. Can I apply for H-1B extension according to AC-21?

Answer #2
It depends upon when the I-140 petition was filed. Please contact our office to schedule a consultation to discuss your case.

Question #3 – DACA
If I am no longer in school, would I still be able to renew my DACA?

Answer #3
Yes; however, you will need to make sure that you continue to meet all other eligibility requirements.

Question #4 – Green Card Renewal
I have had a green card since 2005 and it will get expire in 11 months. When do I start the process to renew it?

Answer #4
You may file the renewal application within 6 months of the expiration of your current Green Card. You will need to submit a copy of your expiring Green Card along with the application.

Question #5 – Family Based Immigration
Can I sponsor my grandmother for legal residency if both of my parents are dead?

Answer #5
Were you legally adopted by your grandmother prior to age 16? If not, then the answer is no. Grandparents are not covered under the preference categories nor are they considered immediate relatives of United States Citizens. Please contact our office to further discuss.

Question #6 – Family Based Immigration
Is there a limit on the number of I-130 petitions I can file?

Answer #6
No; however, for each I-130 petition filed, the USCIS requires the Sponsor to file an Affidavit of Support, to establish that they can financially support their household size at 125% of the poverty guidelines.

Question #7 – Naturalization/U.S. Citizenship
Can I still apply for my citizenship even though my green card is expired?

Answer #7
Yes!

Question #8 – H-1B Nonimmigrant Work Visa
I ‘m a comic book artist and I wish I could come to US to develop my career as an artist/illustrator. Would I be eligible for an H-1B visa?

Answer #8
It depends. To qualify for an H-1B, you must have a U.S. employer willing to sponsor you for a certain position, and the position must be a Specialty Occupation. Specialty occupations are defined as those that require a theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. Please contact our office to schedule a consultation to discuss additional options that may be available.

Question #9 – Green Card
How long after I provide my medicals to the USCIS are they good for?

Answer #9
As of June 1, 2014, a Form I-693 which is more than one year old from the date it was submitted to USCIS will no longer remain valid.

Example – If sealed medicals were submitted with a I-485 application in Year 2012, and the priority date for the primary beneficiary became current in September 2014, the primary beneficiary would be required to obtain a new medical examination from a designated civil surgeon and send the sealed medical exam results to the USCIS, upon the issuance of an RFE.

Question #10 – H-1B Nonimmigrant Work Visa
How many times can I transfer my H-1B visa status to a new employer?

Answer #10
The amount of times that you can transfer your H-1B visa status to a new employer is unlimited. As long as there is a valid employment offer and the employer is willing to sponsor you, i.e., prepare and file the H-1B transfer case with the USCIS, you can undergo the transfer process as many times as you would like; however, there is a limit of 6 years in H-1B visa status, unless the Employment Based Green card process has been initiated prior to the 6th year in H-1B visa status, then you may be eligible for further extensions of your H-1B nonimmigrant visa status.

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 21, 2014!

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