MVP LAW GROUP – Immigration Q&A Forum, Friday, December 19, 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 – Marriage Based Immigration (Family)
When I filed the Form I-130 for my wife and children, I was a U.S. permanent resident. Now I am an U.S. citizen, how do I upgrade my Form I-130 petition for my wife and children after becoming U.S. citizen?

Answer #1
You will have to make a request to upgrade the preference classification from F2A to Immediate Relative by notifying the USCIS and the National Visa Center. You will need to provide them with a copy of your U.S. passport as well as a copy of your certificate of naturalization. You may contact our office to schedule a consultation to discuss the process of upgrading the I-130 petition.

Question #2 – Diversity Visa
I am a PhD student on an F-1 visa and I won the DV lottery 2015. I know that I have to wait for my case number to be current and then file I-485 to adjust. However, I am not clear if I have to fill the online DS-260 and pay any fees.

Answer #2
For more information on what is required of you/instructions after winning the DV Lottery, please use the following links as a resource:
https://www.dvlottery.state.gov/
http://travel.state.gov/content/dam/visas/DV-2015-Instructions-Translations/DV_2015_Instructions.pdf

If you have further questions, please consider contacting our office to schedule a consultation.

Question #3 – Deferred Action of Childhood Arrivals (DACA)
I’m 18 and have been living in the U.S. with my family since I was 12 without legal status. I have enrolled at a community college. I’ve heard about DACA from some of my classmates, but I’m concerned about possibly getting denied, would Immigration deny my case?

Answer #3
Cases are evaluated and decided based on a case-by-case basis. Unfortunately, you have not provided enough information for us to analyze your case to determine whether or not you are eligible. Please review the eligibility requirements below:
http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca
Upon reviewing these requirements, if you believe you qualify, contact our office to schedule a telephone consultation to further discuss your eligibility.

Question # 4 – Deferred Action of Childhood Arrivals (DACA)
My husband and I want to go on a cruise to Bermuda, but he doesn’t have a green card, he has a passport and a social security card and a work permit. He came to the US legally when he was 10 on a tourist visa, but it expired, he overstayed and he is now under the Dream Act. Would he have trouble re-entering the US after the cruise?

Answer #4
Yes, if he does not have the proper documentation to re-enter the U.S. If your husband has been granted Deferred Action under DACA – Deferred Action for Childhood Arrivals, he may be eligible for a Travel Document (Advance Parole). Please review the USCIS Q&A’s for DACA concerning travel after deferred action has been granted to an Individual – http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions#travel

Question #5 – H-1B Nonimmigrant Work Visa
My employer filed my I-140 application three months ago. My H-1B status will be 6 years in January. I want to know if I could qualify for an extension of H-1B beyond 6 years, based on my I-140 application?

Answer #5
In order to be eligible for a three year extension of H1B status pursuant to AC21 Law, your I-140 petition must be approved. In order to be eligible for a one year extension of H-1B status pursuant to AC21 Law, your Labor Application or I-140 petition must have been pending for over 365 days.

Question #6 – General
I obtained my Green Card. Now, my company will be sending me to work in my home country. How long can I remain outside the U.S. without losing my immigrant status? Do I need to apply for the Reentry Permit?

Answer #6
As a general rule, you should not be outside of the U.S. for 12 months or more without first applying for a re-entry permit. It would be advisable for you to speak with an Immigration Attorney concerning your plans as there are many factors to be considered.

Question #7 –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 #7
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 #8 – L1 Intra-Company Transferee
Next month I will work in U.S. with an L-1 visa. Can I work part-time for another employer at the same time while working for the L-1 visa sponsor?

Answer #8
No.

Question #9 – Premium Processing
I have an advanced degree. Can I file my NIW with Premium Processing?

Answer #9
According to the USCIS, members of the professions with advanced degrees or exceptional ability seeking a National Interest Waiver MAY NOT file their I-140 petition with the premium processing option, it is not yet available.

Question #10 – Family Based Immigration
I got my I-130 application approved and mailed the completed I-485 application one month ago to USCIS. I have since moved my residence in the same city. Do I have to inform USCIS for my address change? Will it affect my I-485 application?

Answer #10
Yes. You are required by law to inform the USCIS of any address change within 10 days of your move. You can update your address by visiting the USCIS website at:
https://egov.uscis.gov/coa/displayCOAForm.do

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

Our next “Immigration Q & A Forum” is scheduled for Friday, January 9, 2015!

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