MVP LAW GROUP – Immigration Q&A Forum, Friday, Oct. 30, 2015

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Question #1 – H1B Nonimmigrant Visa
My employer applied for my H1-B. It was approved in Jan 2014. I went to the US in April 2014 and worked there until October 2014. I had to come back to India for a family emergency and had to rejoin our office in India. My employer told me that he had to revoke my H1-B. I am interested to going back to the USA to work for a different employer. Can I just request another employer to file a new H1-B for me?

Answer #1 If you are: (1) the recipient of an approved I-129 (H-1B) filed in the last six years; (2) did not receive that I-129 from a CAP exempt organization; and (3) have time remaining under the 6 year limit, then yes…you may find a new employer who is willing to sponsor your H-1B work visa in order to come back to the U.S. and work for that sponsoring H1B employer.

Question #2 – Employment Authorization (EAD)
Currently, I am in an 8-year wait for my green card to be issued. Can I file an I-765 Employment Authorization Document in the mean time to start working in the US? If not, with the exception of H1B or student visas, is there something I could do to start working in the USA within 1-2 years?

Answer #2 In order to receive an employment authorization document (EAD), you must be eligible to apply and receive an EAD. Based upon the information you have provided, you do not appear otherwise eligible to apply for and receive an EAD. Contact our office to speak with an Immigration Attorney about your present situation.

Question #3 – Naturalization
If my application for naturalization is denied by the USCIS, can I re-apply and how soon?

Answer #3 Yes; however, how soon you re-apply depends upon several factors. You should discuss the reasons for denial with an Immigration Attorney and make an informed decision based upon the advice received from the Attorney.

Question #4 – Deferred Action for Childhood Arrivals (DACA)
I think I am eligible under DACA. Do you think given the potential risks, I should file my application with USCIS?

Answer #4 Only YOU can make the decision of whether or not to file your application. I would recommend that you speak with a qualified Immigration Attorney first to discuss your eligibility and the risks involved in submitting a DACA Application to the USCIS.

Question #5 – Family Based Immigration
I’ve read conflicting information on the internet; can you please clarify for me who is responsible for scheduling the Green Card Interview, my spouse or the Consulate itself?

Answer #5 The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.

Question #6 – H1B Nonimmigrant Visa I am an international student with F1- status and Associate degree that I obtained here in US. Am I qualified to change my status to h1B VISA?

Answer #6 Unfortunately, you are not, unless you possess qualifying work experience (3 years of qualifying work experience = 1 year of education, 3-1 rule). To be eligible to obtain an H-1B visa, you must have a Bachelor’s degree in a Specialty Occupation field, and the position for which you are being sponsored must require at a minimum the attainment of a Bachelor’s degree in a specific specialty occupation field. Please contact our office to speak with an Immigration Attorney.

Question #7 – Temporary Work Visas – H-1B & L1A/L1B Nonimmigrant Visas I need clarification; does the public law apply to transfer and extension petitions for nonimmigrant workers, or only to transfer petitions and new CAP filings?

Answer #7 It applied only to transfer petitions and new CAP filings; however, Public Law 111-230 is no longer in effect, it had a sunset date of September 30, 2015 and Congress did not renew it, therefore the additional fee is no longer required.

Question #8 – Family Based Immigration If my relative is abroad and going through Consular Processing, do I need to be present with them for the interview?

Answer #8 No.

Question #9 – Employment Based Immigration
I filed my I-140 two months ago and it is still pending with the USCIS. May I file my adjustment of status at this time?

Answer #9 Processing of the I-140 petition generally takes anywhere from 6-8 months unless you elect to utilize the premium processing option. What preference category did you file the I-140 petition under? What is your country of chargeability? Is your priority date current? You are only eligible to file for Adjustment of Status if your priority date is current. Please contact our office to further discuss the specifics of your case as we do not have enough information.

Question #10 – Employment Based Green Card
Last month, I obtained my Green Card based on my employer’s sponsorship in EB2 category. If I change jobs after I-485 approval, is there any problem for my permanent residence later or in the U.S. citizen naturalization proceedings?

Answer #10 It depends. There is no hard set period of time that you must remain with your sponsoring employer; however, we recommend to our clients that they remain with their sponsoring employer 6 months-1 year after receiving their Green Card, unless there are serious issues that warrant you leaving before that recommended time period, or a better job is offered that cannot be passed up.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, November 13, 2015!

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