Immigration Q&A Forum – Originally posted 5/10/13

This blog entry was originally posted on 5/10/13. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

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
If I am working in the US with an H-1B Visa, can I obtain a driver’s license right away? What do I need to show them at the Motor Vehicle place?

Answer #1
Yes. You must present necessary supporting documents required to verify legal presence in the United States. Generally, a nonimmigrant should be prepared to present the following: Valid passport with visa (if applicable); Form I-94, “Arrival/Departure Record”; Form I-20 (for an F or M student) or Form DS-2019 (for a J exchange visitor); EAD card (Form I-766 “Employment Authorization Document”), if on post-completion OPT; Form I-797, “Notice of Action,” in cases of a change of status (e.g., from F-1 to H-1B); Social Security number (SSN) on a Social Security card. To determine what is specifically required in your state, you will need to check the DMW website or contact a local DMV office

Question #2
How do I become categorized as STEM worker? I would like to find a job in the US. Right now, I live in Prague and have my Master’s Degree in Computer Science.

Answer #2
In order to become categorized as a STEM worker, an applicant must receive an accredited U.S. degree in one of the STEM fields – Science, Technology, Engineering and Math.

Question #3
I work for Toyota as a head mechanical specialist and my company wants to transfer me to a plant in the US. Would I qualify for an L-1 Visa?

Answer #3
The L-1 visa allows companies operating both in the U.S. and abroad to transfer certain types of employees from its overseas office to the U.S. office for up to seven years. This visa comes in the following categories: L-1A – for executives and managers; and L-1B – for personnel with specialized knowledge.
Businesses that function both in the United States and in their home country gain the benefits of the best of both areas. The L-1 visa is open to international organizations with offices in the U.S. who transfer employees to the U.S. office for temporary periods of time. This visa is sometimes referred to as the ‘intra-company transferee’ visa.
To obtain an L-1 visa, you must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge. The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a U.S. office, subsidiary or affiliated company.

Question #4
What date does my company have to start using the new I-9 form?

Answer #4
Beginning May 7, 2013, Employers must ONLY use the newly revised Form I-9 with revision date 3/08/2013 appearing in the lower left hand corner of the Form.

Question #5
What is an EB-5 visa?

Answer #5
In short, The EB-5 visa is for Immigrant Investors. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area” – high unemployment or rural area), creating or preserving at least ten (10) jobs for U.S. workers excluding the investor and their immediate family.

For more information on the EB-5 Immigrant Investor visa, please contact our office.

Question #6
My family has vacation plans to travel back to India in August 2013. Can I file my H-1B extension petition prior to my leaving for vacation?

Answer #6
You may file your H-1B extension up to 6 months prior to the expiration of your current H-1B visa. You should file as early as possible, as we do not recommend that you travel outside of the U.S. while your H-1B extension petition is pending with the USCIS.

Question #7
What does it mean when a Priority Date becomes current?

Answer #7
When your Priority Date becomes “Current”, it means that there are visa numbers available for your particular nationality, for your situation, for your particular preference category, (i.e. India, Employment Based, Third Preference). When your Priority Date becomes current, you may then proceed to the Adjustment of Status or Consulate Processing phase of the Green Card process.

Question #8
If my Green Card is expiring the end of this year, how soon should I apply to renew it?

Answer #8
You can apply up to six months prior to the expiration date of your card (indicated on the front of the card).

Question #9
I’m a U.S. Citizen and engaged to marry my Irish fiancé. We have known one another for over five years and have been engaged for three months. Can I sponsor my fiancé? What are the requirements?

Answer #9
If you petition for a fiancé(e) visa, you must show that:
• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.

Question #10
If I am residing in the US with an H4 Visa, can I apply for a Social Security card?

Answer #10
You cannot apply for a Social Security card, as an H4 dependent under current immigration laws.

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

MVP LAW GROUP –Immigration Q&A Forum – Originally posted 5/10/13

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