MVP “Immigration Q & A Forum” – 11/4/22

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 – Advance Parole (AP) 

If my Advance Parole is about to expire and I do not plan to travel outside of the US within the next year, do I have to renew it? 

Answer #1 – 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 #2 – Visa Bulletin 

Where can I find the visa bulletin numbers? 

Answer #2 – On the U.S. Department of State website: Visa Bulletin 

 

Question #3 – H-1B Nonimmigrant Visa 

What happens if my company lays me off while I am employed on an H-1B Visa? 

Answer #3 – By sponsoring you, your employer agreed to be liable for the reasonable costs of your return transportation abroad if you are dismissed before the authorized stay. 

Furthermore, if another company is interested in sponsoring your H1B visa, they may file an H-1B visa transfer petition with the USCIS on your behalf to take over sponsorship. 

 

Question #4 – Re-Entry Permit (PDF) 

What does a legal resident have to do to stay outside the U.S. for more than 6 months? 

Answer #4 – If a Legal Permanent Resident of the U.S. wants to make trips outside of the U.S. for periods of 6 months or more, they should prepare and file a Re-Entry permit with the USCIS, Form I-131. Still, you should contact an Immigration Attorney to discuss your specific situation. 

  

 Question #5 – H-1B Nonimmigrant Visa 

Is there any limit to how many times I can apply for an H1B transfer? 

Answer #5 – No. 

 

Question #6 – Visa Interview 

If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself? 

Answer #6 – It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters where different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case. 

  

Question #7 – Green Card – Employment Based Immigration 

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 – Green Card – Family Based Immigration 

Can I apply for green cards for my in-laws? I am a US Citizen, and we are waiting for my spouse to get approved? 

Answer #8 – No! 

Eligible immediate relatives include the U.S. citizen’s: 

  • Spouse 
  • Unmarried child under the age of 21 
  • Parent (if the U.S. citizen is over the age of 21) 

  

Question #9 – Green Card – Employment Based Immigration 

Can I file multiple I-140 petitions in different immigration categories? 

Answer #9 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.) 

 

Question #10 – Deportation 

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

Answer #10– It depends. If a noncitizen was deported from the U.S., they are not supposed to attempt to reenter for a specified period, 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. 

 

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

Our next “Immigration Q & A Forum” is scheduled for Friday, November 18, 2022!

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

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