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Question #1 – Employment Authorization for Certain H4 Spouses
What forms do I need to file an H4/EAD visa for my wife? What are the USCIS filing fees for this visa?
Answer #1 Form G-28, if you have an Attorney representing you for the filing, and Form I-765 are required to file the request for H4/EAD, along with supporting documentation to establish the H4 spouse’s eligibility. The USCIS filing fee is $380.00, the check should be made payable to the “US Department of Homeland Security.”
Question #2 – Conditional Permanent Residency
I would like to know when I can file for “removing conditions” on my Green Card? I’m married to a U.S. Citizen and my card is set to expire in end of August.
Answer #2 You should be prepared to file to remove the conditions of your conditional permanent residency 90 days prior to the expiration of your conditional Green Card. According to the information you have provided, you should be preparing your Form I-751 for filing now.
Question #3 – H1B Nonimmigrant Work Visa
My 6 year limit has expired on my H-1B visa. How long do I have to remain out of the US before I can apply again?
Answer #3 You must remain outside of the United States for an entire year (one year) before you are eligible to apply for another H-1B nonimmigrant work visa.
Question #4 – Employment Authorization (EAD)
In April, I filed to renew my EAD and as of today, I have still not received an approval. My current EAD will expire the end of this month. What are my options?
Answer #4 You are able to apply for a renewal of EAD 120 days prior to the expiration of your existing EAD. EAD processing generally takes 2-3 months. As it has only been about a month since you filed your EAD renewal request, you must continue to wait for your new EAD, unless you have sufficient documentation to support an expedite request with the USCIS. Please see the USCIS website for a list of expedite criteria.
Question #5 – Naturalization/Citizenship I’d like to become a U.S. Citizen. For the past 7 years, I have been a Green Card holder and I have no criminal background. Is there somewhere where I can look to see what is involved in the process?
Answer #5 Please check out the USCIS website, as they have a plethora of informational resources concerning Naturalization/Citizenship.
Question #6 – Advance Parole (AP)
If my Advance Parole is about to expire and I don’t plan to travel outside of the US within the next year, do I have to renew it?
Answer #6 No; however, it may be a good idea to renew it – just in case, as you never know when things may happen that require you to travel abroad with short notice.
Question #7 – Consular Processing How does Consular Processing work?
Answer #7 The USCIS website sufficiently explains how Consular Processing works.
Question #8 – Deferred Action for Childhood Arrivals (DACA)
What would potentially disqualify someone from applying for DACA?
Answer #8 If a person has been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, they would not be eligible to apply for DACA. If a person poses a threat to national security or public safety, they also would not be eligible to apply for DACA.
Question #9 – H1B Nonimmigrant Work Visa Can I go for H1B Visa Stamping without my original I-797 approval notice? I only have a copy and a bottom portion of the original.
Answer #9 Yes. The I-797, Notice of Action clearly provides the following language: The Petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. The left part can be used in applying for the new visa.
If you would feel more at ease with the original, ask your employer about their policy in providing the original approval notice for H1B nonimmigrant visa stamping purposes ONLY.
Question #10 – Re-Entry Permits (Form I-131)
If I have a Green Card, do I need a re-entry permit to come back into the US?
Answer #10 If you plan to travel outside the U.S. for more than 6 months to one (1) year at a time, then YES, you should apply for a re-entry permit prior to your departure. Biometrics are required for re-entry permits, so you will want to stay around and go for your biometrics appointment before you depart for your lengthy trip.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, August 19, 2016!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!