MVP LAW GROUP – Immigration Q&A Forum, Friday, February 6, 2015

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 – H1B Nonimmigrant Work Visa
If I applied for H-1B under last year’s Cap but did not get selected, can I re-apply this year?

Answer #1
Yes.

Question #2 – Deferred Action for Childhood Arrivals (DACA)
I have heard talk of the President expanding the DACA program. Is this true? What are the details?

Answer #2
Yes.
Please refer to our H1bVisaLawyer Blog post titled, “Expanded DACA – Deferred Action for Childhood Arrivals (Widening the Reach)“.

For further information, please visit: Executive Actions on Immigration – (Expanded) DACA

Question #3 – H1B Nonimmigrant Work Visa
If I got fired from my job, can I apply for another H-1B visa with a different company?

Answer #3
You should consult an Immigration Attorney to discuss your options.

Question #4 – Lawful Permanent Resident
How long can I live outside the United States and still keep my green card valid? I want to help out my Mom because my Dad is in poor health.

Answer #4
CBP has the authority to question you and/or confiscate your Green Card, if you are outside of the U.S. for a year or longer without having applied for a re-entry permit, prior to your departure from the US. You should contact an Immigration Attorney to discuss your situation.

Question #5 – H1B Nonimmigrant Work Visa
This month, my company is moving to a new location but it is still in the same county and metro area. We have several H-1B employees. Do we have to file new LCA’s and amended cases with our new address?

Answer #5
To be on the safe side, you should at least file a new amended LCA to cover the new location of employment for each H-1B employee. If there are no other ‘material changes’ in the terms and conditions of employment, other than moving the company to a new location within the same MSA, then an amended H1B petition should not be required.

Question #6 – General
How do you determine a Prevailing Wage for a position?

Answer #6
The Department of Labor determines the prevailing wage for a particular position.
The Foreign Labor Certification Data Center Online Wage Library is accessible to the public on the Internet at: http://www.flcdatacenter.com/OesWizardStart.aspx

Question #7 – Conditional Green Card
What are the restrictions on a Conditional Green Card? How long do the restrictions last?

Answer #7
It is not a full-fledged Green Card, it expires in 2 years, and you must apply to remove the conditions 90 days prior to its expiration. If you cannot remove the conditions, you will lose your LPR status.

Question #8 – H1B Nonimmigrant Visa
What is the Foreign Equivalency for a US Bachelor’s Degree? I would like to apply for an H-1B Visa under the Cap.

Answer #8
For every three years of work experience = 1 Year of Education. An applicant could apply for an H-1B Visa under the CAP with 12 years of progressive work experience, as that would equal 4 Years of Education.

Question #9 – General
Can I apply for a Social Security now or do I have to wait until I receive my Visa approval?

Answer #9
You must wait for your visa approval.

Question #10 – E-Verify
Do all businesses need to enroll in the USCIS E-Verify program? I run a small business with only 5 employees.

Answer #10
No, it is not a mandatory requirement for all businesses at this time. Only Federal Contractors are required to enroll in the USCIS E-Verify Program at this time.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, February 20, 2015!

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