MVP LAW GROUP – Immigration Q&A Forum, Friday, November 21, 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 – NAFTA
I am on a TD visa in the US. Can I get a work permit?

Answer #1
No. The spouse and/or child of a TN visa worker “shall not accept employment in the United States unless otherwise authorized.”

Question #2 – Conditional Green Card
I’m applying for removal of conditional green card and submitting all my paper work this month. In March 2015, I am planning to travel to my country for three weeks for medical reasons. Can I get an extension for my Green Card or do I need to apply for a reentry permit?

Answer #2
Once you file the Petition to Remove the Conditions on your Conditional Permanent Residency, you will receive a receipt notice, in the small print on the receipt notice – it will provide that your lawful status will continue for one year while the petition is processed by the USCIS. If you plan to travel after submitting the petition, after providing your biometrics to the USCIS, and after your Conditional Green Card has expired – you should appear at an INFOPASS appointment at USCIS to request proof of lawful status for travel purposes. Please contact our office to schedule a consultation to further discuss.

Question #3 – H-1B Nonimmigrant Work Visa
I was on H1 Status from June 2008 through December 2009. If my new employer files my H1 Petition in December 2014, will I am able to get the remainder period of my H-1B?

Answer #3
If you have not exhausted your initial 6 years of H-1B nonimmigrant visa status, then you should be eligible to petition for the period of time remaining. Further information is required to fully analyze your situation. Please contact our office to schedule a consultation to further discuss.

Question # 4 – Naturalization/Citizenship
My mom wants to get her citizenship. She is a resident alien and has been living in the US for 30+ years. Right now, she is going through a divorce. Will the divorce impact her filing for naturalization?

Answer #4
It should not; however, we cannot provide a sufficient answer without more information. How long has she been a lawful permanent resident? When did she get married? How did she receive her Green Card –through employment, marriage, family relationship, asylum, diversity visa, etc.? Please contact our office to schedule a consultation to further discuss.

Question #5 – General
I am currently on OPT valid until the end of this year. If I get married to someone holding an L-1 visa, can I transfer to an L-4 and still be able to work in the US and apply for H1 in next year’s H1-b Cap in April?

Answer #5
There is no such visa as an L4. As a dependent of an L1 visa holder, you would be classified as an L2 dependent visa holder. L2 visa holders are eligible for work in the United States. You could still apply under the H1B CAP, opening April 1, 2015 requesting a change of status from L2 to H1B if a valid job opportunity exists with a sponsoring employer.

Question #6 – Adjustment of Status
If my I-485 is denied, how long can I stay in the US? My previous visa was already expired. I have an EAD card now.

Answer #6
Generally, you should depart from the U.S. within a reasonable time. It is recommended that you contact our office to schedule a consultation to further discuss your present situation and to ascertain if any alternative options are available to you.

Question #7 – General
Can I apply for SSN on my F-1 visa status? I need one to apply for a loan.

Answer #7
It depends. Have you been authorized to work? Are you only taking classes at this point and have not applied for OPT? Only those who have been authorized and approved for work may apply for a SSN. You may be eligible for an ITIN number. Please contact our office to schedule a consultation to further discuss.

Question #8 – Employment Based Immigration
I have an approved I-140 employment based petition which the priority date was current up until last month. Next month, I’m going to the US and would like to remain there and then adjust my status once my priority date becomes current again. Is that possible?

Answer #8
It depends upon a lot more information. Are you eligible for/do you have a nonimmigrant work visa? What category was your I-140 filed under? Where are you from? More information is needed to fully analyze and provide a sufficient answer. Please contact our office to schedule a consultation to further discuss.

Question #9 – Deferred Action for Childhood Arrivals (DACA)
My mom brought me into the US when I was 2 with a visa. The visa expired about 10 years ago. I am getting my GED. Will this help me apply for DACA?

Answer #9
Yes it will; however, please note that there are other requirements that must be satisfied in order to be eligible to apply for DACA. Please contact our office to schedule a consultation to further discuss.

Question #10 – Employment Based Immigration
Can my company charge me the fees for a green card application if I terminate employment? I think they can charge me for the I-140, but am I liable for all legal costs as well as costs of the PERM process?

Answer #10
656.12(b) An employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, including payment of the employer’s attorneys’ fees, whether as an incentive or inducement to filing, or as a reimbursement for costs incurred in preparing or filing a permanent labor certification application, except when work to be performed by the alien in connection with the job opportunity would benefit or accrue to the person or entity making the payment, based on that person’s or entity’s established business relationship with the employer.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, December 5, 2014!

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