MVP LAW GROUP – Immigration Q&A Forum, Friday, Oct. 2, 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 – Marriage Based Green Card Sponsorship
Can I apply for a spousal visa, if I am getting married to a green card holder & am currently in H-1B visa status?

Answer #1
Yes; however, you must first marry your spouse. After marriage, your green card holder (Lawful Permanent Resident) spouse, may then prepare and submit an I-130, Petition for Alien Relative on your behalf to the USCIS for processing.

Question #2 – H1B Nonimmigrant Work Visa
Are employers required to post a notice of filing of LCA at the end-client location? Why can’t we just post at our offices?

Answer #2
Yes. Pursuant to the regulations, notices are to be posted in two conspicuous locations at the actual location where the work is to be performed. Therefore, posting at the employer’s office only is not sufficient.

Question #3 – General
If I lost my Green Card, how do I replace it? What are the costs?

Answer #3
You must file Form I-90, Application to Replace Permanent Resident Card with the USCIS. The USCIS filing fee is $365.00 plus biometrics $85.00, total of $450.00

Question #4 – H1B Nonimmigrant Work Visa
I have still not received my H-1B approval for my case filed on April 8,2015. Since I am scheduled to start working for my employer today, should I be concerned?

Answer #4
Our office contacted the USCIS National Customer Service Center to inquire about the status of a few pending H-1B cap cases and the Officer informed us that the Vermont Service Center was currently processing cases with a receipt date of April 3, 2013. They requested that we contact them again at the end of the month if we did not receive any correspondence between now and then.

There is always the option to upgrade a pending H-1B case to premium processing, to obtain a decision within 15 calendar days of making the request, unless an RFE is issued. Please see Question 3, regarding what occurs once an RFE is issued with a premium processing case.

Question #5 – General
For how long can a person stay in US on a Business Visa (B1/B2)?

Answer #5
It depends, normally for a period of 6 months; however, whatever date the Customs and Border Patrol (CBP) stamp provide on your I-94 record is the length of time you are eligible to remain in the U.S. lawfully.

Question #6 – Employment Based Green Card
My priority date just became current again; I’ve already filed the I-485 application. How long do I have to wait to receive my green card?

Answer #6
This period of time varies and depends upon numerous factors: Issuance of an RFE; how many individuals are in front of you with earlier PD’s that have not been issued a GC yet; demand from your country; backlog at the Service Centers, the period of time your I-485 petition was filed; etc. Generally, I-485 applications take 6 months or less to process; however, please note that I did mention ‘generally’. A GC can only be issued if there is an available immigrant visa number. You should monitor the monthly visa bulletin and speak with an experienced Immigration Attorney concerning the specific details of your case.

Question #7 – General
Will an expunged felony affect my Visa Process?

Answer #7
Although the conviction has been expunged by a federal, state or foreign court, it does not necessarily mean that the conviction has been expunged for immigration purposes. It is our recommendation that you contact our office to discuss your situation.

Question #8 – H-1B Nonimmigrant Work Visa
My employer somehow lost my original I-797 H1 approval notice and I need it to renew my driver’s license and get visa stamping in the future when I travel. Can I get a new approval notice?

Answer #8
Your employer will need to submit Form I-824 to the USCIS along with the USCIS filing fee of $405.00 to request a duplicate approval notice.

Question #9 – General
While we were staying in the US with my H-1 Visa, my wife had a baby boy. Do I need to get a Visa or a US Passport to travel with him out of the country?

Answer #9
Yes, you will need to apply for a U.S. Passport for your son in order to travel with him outside of the country.

Question #10 – Advance Parole (AP)
If my Advanced Parole is expiring the end of this month do I need to reapply for a new one right away? My family just got back from a trip and don’t plan to travel anymore in the next year.

Answer #10
You do not need to apply for a new one right away. You may in fact apply at a later date. However, it is recommend to have a valid Advance Parole document, if you have no other valid authorization to re-enter the U.S., because emergencies do occur, and expediting an Advance Parole document can be troublesome if you do not satisfy any of the expedite criteria.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, October 16, 2015!

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