MVP LAW GROUP – Immigration Q&A Forum, Friday, September 15, 2017

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

If I plan to continue working for my employer in the US, at what point should we apply for an H1 extension?

Answer #1 – You should apply for an H1B extension prior to expiration of the visa. You are allowed to submit an H1B extension petition six (6) months prior to the expiration of the current visa.

 

Question #2 – F1 Student Status/OPT

Can a foreign student obtain employment while studying at a US university?

Answer #2 – Generally, all employment is contingent on remaining within the terms and restrictions of your F-1 visa. There are several categories of employment during the term of your stay as an F-1 student in the United States. To further discuss your specific situation, please contact our office to schedule a consultation.

 

Question #3 – Deportation

Can a person who was deported from the U.S.A ever return to the US legally?

Answer #3 – It depends. If a non-citizen was deported from the U.S., they are not supposed to attempt to reenter for a specified period of time, if ever. It depends upon factors such as the reason for removal, and whether the person was convicted of a crime, etc. You should contact an Immigration Attorney to further discuss.

 

Question #4 – Premium Processing

Can Premium Processing apply to visas other than the employment based?

Answer #4 – No.

 

Question #5 – Employment Authorization Document (EAD)

Can my wife apply for a Social Security number if she just received her EAD?

Answer #5 – Yes.

 

Question #6 – Dependents

What is a Dependent Visa and who is eligible to apply for one?

Answer #6 – A dependent visa is a visa offered to the spouse and/or children of the primary visa holder. For instance, an H4 dependent visa is offered to spouses/children of H1B nonimmigrant visa holders; an L2 dependent visa is offered to spouses/children of L1 nonimmigrant visa holders, etc.) An H4 dependent is not allowed to work in the U.S. unless the primary visa holder has initiated the GC process, whereas, an L2 dependent is allowed to work. A dependent visa generally has the same validity period of the primary visa holder. Contact our office to further discuss.

 

Question #7 – H1B Nonimmigrant Work Visa

Does the time on my H-1B visa start the day that is approved or when I first enter the U.S. using it?

Answer #7 – The six (6) year limit begins when you first enter the U.S.

 

Question #8 – Immigrant Investor Visa (EB5)

Who is eligible for the Immigrant Investor Visa?

Answer #8 – In order to be eligible for the EB-5 visa program, a person must invest one (1) million dollars in a business in the United States, or invest at least five hundred thousand(500) dollars in a “Target Employment Area (TEA)”. All EB-5 investors must invest in a new commercial enterprise. For more information on the EB5 Immigrant Investor Visa, please visit: USCIS web page, “EB-5 Immigrant Investor Program“.

 

Question #9 – Adjustment of Status (AOS)

If I just applied for my Green Card, can I travel back home to visit my family while the I-485 is pending?

Answer #9 – Did you apply for Advance Parole (Form I-131) along with your I-485 application? If so, has the advance parole application been approved? If not, do you have a valid nonimmigrant work visa? If not, then you will need to submit an application for Advance Parole (Form I-131) with the USCIS and wait for it to be approved. If you have exigent circumstances which require expedite services, then you should set up an INFOPASS appointment with the local USCIS field office and bring sufficient documentation of the need for expedited processing.

 

Question #10 – H1B Nonimmigrant Work Visa

What qualifies an organization as H-1B Exempt?

Answer #10 – – H1B petitions filed by institutions of higher education, as defined in Section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a), are exempt from the H1B cap.
– H1B petitions filed by non-profit entities that are related or affiliated to an institution of higher education are exempt from the H1B cap, this category is narrowly construed by the USCIS.
– H1B petitions filed by nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C), are exempt from the H1B cap.

 

 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 29, 2017!

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

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