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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?
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?
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?
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.
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?
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?
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?
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.
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?
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.
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!