MVP LAW GROUP – Immigration Q&A Forum, Friday, Sept. 16, 2016

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
How long can my employer continue to request three year extensions based on my approved I-140? I have completed my 6 years on H-1B status.

Answer#1
Indefinitely – until an immigrant visa number is available for you.

Question #2 – H1B Nonimmigrant Work Visa
If my H-1B was not accepted during the CAP, do I have to wait another year to file a new one? Are there other alternatives for me to work in the US?

Answer #2
Please take a look at our H1B Visa Lawyer Blog article: Alternatives to the H-1B Visa for Individuals who did not make the FY2017 H-1B Quota

Question #3 – Employment Based Immigration
Can I file for a Green Card on my own or does my employer have to sponsor me? Does it make a difference in processing?

Answer #3
It depends upon the preference category that you are filing under. Certain preference categories require employer sponsorship; whereas, others do not.

Question #4 – Deferred Action for Childhood Arrivals (DACA)
Can I work if I obtain DACA status? I am a college student and would like to work part-time.

Answer #4
Applying for DACA also allows you to submit a request for Employment Authorization, along with a Worksheet showing your annual income, and your annual expenses. The USCIS then uses this information to determine whether or not employment authorization should be granted in your case.

Question #5 – Biometrics
It has been 3 years since I have taken fingerprints for my Green Card. Should I have new ones done to update my case?

Answer #5
If the USCIS has not specifically made a request for you to show up for new fingerprints, then you must wait for them to make/schedule you an appointment and send you a notice for you to appear for the taking of your fingerprints.

Question #6 – Employment Authorization (EAD) Form I-765
Can you expedite the EAD renewal process? My EAD expires in June.

Answer #6
You may only expedite the EAD renewal process under certain circumstances. However, if you have filed 120 days in advance of the expiration of your current EAD and your case is still pending and has been pending more than 90 days, you may contact the USCIS Customer Service Center, schedule an Info Pass Appointment or write a letter to your local office.

Question #7 – H1B Nonimmigrant Work Visa
Can I get a Social Security card if I am working in the US on H-1B status?

Answer #7
Yes.

Question #8 –Application for Travel Document (AP) Form I-131
How long is AP valid? What happens if I am out of the country when it expires?

Answer #8
The USCIS will issue an Advance Parole document for a period of one (1) or two (2) years.
You should plan accordingly so that you are not outside of the country when your Advance Parole document expires. If you have traveled outside of the U.S. and your AP has expired, contact our office to discuss with an Immigration Attorney.

Question #9 – Green Card
How do I remove the conditions of my permanent residency?

Answer #9
You file Form I-751 with the USCIS to remove the conditions within 90 days of the expiration of your conditional permanent residency. Contact our office to speak with an Immigration Attorney concerning your case.

Question #10 – Employment Based Immigration
Right now, I have an approved I-140 filed by my previous employer and they also submitted my I-485 back in 2014. Since then, I have started employment with another company on my EAD. Can I file an AC-21 Portability letter?

Answer #10
Has your employment based, Adjustment of Status petition (I-485) been pending for 180 days or more; and is the new job the same or substantially similar to the job for which the labor certification/I-140 approval support? Contact our office to speak with an Immigration Attorney concerning your case.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, September 30, 2016!

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

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