MVP “Immigration Q & A Forum” – 10/7/22

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 – Child Status Protection Act (CSPA) 

What is the Child Status Protection Act? 

Answer #1 – According to the USCIS, The Child Status Protection Act (CSPA) amended the Immigration Nationality Act (INA) by changing who qualifies as a child for purposes of immigrant. This permits certain beneficiaries (see the glossary for a definition of the term “beneficiary”) to retain classification as a “child,” even if he or she has reached the age of 21. 


Question #2 – Immigrant Petition for Alien Workers 

What happens if I get fired from a company who sponsored my I-140? 

Answer #2 – Being a recipient of an approved I-140, Immigrant Petition for Alien Relative does not give you lawful status in the U.S. If you are fired by the company that sponsored your I-140 petition, the company is within their legal authority to withdraw your I-140 petition. You should contact our office so that we may discuss all the circumstances of your case. 


Question #3 – Green Card 

Is there a set period that I must live and work in the United States before I can apply for a Green Card? 

Answer #3 – No. Employers may in fact sponsor applicants overseas for employment-based green card sponsorship. 

Family members may also sponsor applicants overseas for family-based green card sponsorship. 

In these cases, overseas applicants will receive a temporary LPR stamp at the Consular Interview allowing them to travel to the U.S. Once in the U.S. and the immigrant visa fee paid, the physical Green Card will be mailed to the applicant at the U.S. address as listed on the Consular Processing forms. 


Question #4 – Family Based Immigration 

Do I need to change my I-130 petition if I filed for my relative as a LPR, but now I have become a US Citizen? 

Answer #4 – Yes, you should contact the USCIS Office that is reviewing your application and inform them that you have become a U.S. Citizen by submitting a copy of your Naturalization Certificate. 


Question #5 – Student Visa 

If I am an F1 International student from Spain and I want to work off campus, what kind of visa should I apply for? 

Answer #5 – Speak with your University’s Designated School Official (DSO). 


Question #6 – NAFTA (TN) Visas 

I am on a TD visa in the US. Can I get a work permit? 

Answer #6 – No. The spouse and/or child of a TN visa worker “shall not accept employment in the United States unless otherwise authorized.” 


Question #7 – Employment Based Green Card Sponsorship 

Does anyone with an Advanced Degree qualify for an EB-2 Category I-140? 

Answer #7 – No. Please contact our office to schedule a consultation to further discuss your eligibility. 


Question #8 – H-1B Nonimmigrant 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 #8 – 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 #9 – B-1 Temporary Business Visitor 

How long can someone stay in US on a Business Visa (B-1/B-2)? 

Answer #9 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B-1/B-2 visa is 6 months. 


Question #10 – H-1B Nonimmigrant Visa 

I have vacation plans to go out of the country for the first week of October. Can I file my H-1B extension petition prior to leaving? 

Answer #10 – More information is needed to provide a sufficient answer. When does your current H-1B expire? Generally, we recommend that you do not travel unless it is an emergency, while a case is pending with the USCIS. 


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

Our next “Immigration Q & A Forum” is scheduled for Friday, October 21, 2022!

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

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