MVP “Immigration Q & A Forum” – 4/7/23

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 – H-1B Nonimmigrant Visa

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

Answer #1 – No.


Question #2 – Green Card – Family Based Immigration

If I applied for an I-130 outside of the US, do I have to come to the US for my interview appointment?

Answer #2 – If you filed from outside of the U.S., and are still presently outside of the U.S., then you would attend an interview at the Consulate/Embassy, not in the U.S.


Question #3 – B-1 Temporary Business Visitor

How long can someone stay in US on a Business Visa (B1/B2)?

Answer #3 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months.


Question #4 – Criminal Convictions

Will a criminal conviction impair my ability to receive a temporary visa?

Answer #4 – It depends upon the type of criminal conviction. Depending upon the seriousness of the criminal conviction, it is possible to be inadmissible and/or deportable for certain criminal convictions – crimes of moral turpitude, crimes involving domestic violence. You should speak with an Immigration Attorney to further discuss your situation.


Question #5 – Green Card – Employment Based Immigration

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

Answer #5 – No. Please contact our office to schedule a consultation to further discuss your eligibility.


Question #6 – 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 #6 – 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 #7 – Students and Employment

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

Answer #7 – 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 #8 – 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 #8 – 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 #9 – 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 #9 – It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters were 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 #10 – L-1 Intracompany Transferee Work Visa

Can spouses of L-1 visa-holders work in the US?

Answer #10 – Yes, spouses of L-1 nonimmigrant visa holders are eligible to apply for L-2 dependent nonimmigrant visa status which allows for employment authorization.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, April 21, 2023!

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

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