MVP “Immigration Q & A Forum” – August 14, 2020

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 – Green Card

How do I remove the conditions of my permanent residency?

Answer #1 – You file Form I-751 with the USCIS to remove the conditions within 90 days of the expiration of your conditional permanent residency. Contact our office to speak with an Immigration Attorney concerning your case.


Question #2 – 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 #2 – 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 #3 – H-1B Nonimmigrant Visa

If my employer has received an RFE for my H-1B case, does this mean my case will not be approved?

Answer #3 – No. An RFE is a Request for Additional evidence, which seeks further documentation/information from the Petitioner and/or the Beneficiary. An RFE is issued because the Adjudicating Officer cannot make a final determination whether to approve or deny based upon the initial filing. The Officer needs more information concerning a certain issue or several issues to ultimately approve or deny the case.


Question #4 – Employment Based Immigration

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

Answer #4 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.)


Question #5 – B-1 Temporary Business Visitor

Right now, I am in the US on a B1 Visa. Can I apply for an L1 visa after using the B1 visa? Is there a waiting period before applying?

Answer #5 – A B-1 visa is a visitor/business/tourism visa, which allows you to enter the U.S. for a specific period of time with the intent to return to your residence abroad, and which does not allow you to work. An L-1 visa is a temporary nonimmigrant work visa, which allows you to enter the U.S. to work for a specific period of time with the intent to return to your residence abroad at the end of the specific time period.

*You should speak with a qualified Immigration Attorney about your situation.


Question #6 – H-1B Nonimmigrant Visa

I will be starting work in the US with an H-1Visa. Does my spouse need to accompany me to the US right away? She wanted to stay in our home country for a few months. My wife has an approved H-4 Visa.

Answer #6 – No.


Question #7 – Employment Based Immigration

What is the difference between an EB-2 and an EB-3 classification for a Green Card?

Answer #7 – The EB-2 preference classification is open to 3 types of foreign nationals: (1) Exceptional Ability in the Sciences, Arts or Business; (2) Advanced Degree Professionals; (3) Qualified Alien Physicians who will practice medicine in an area of the U.S., which is under-served.
The EB-3 classification includes aliens with at least two years of experience as skilled workers; professionals with a baccalaureate degree; and other workers with less skills who can contribute abilities unavailable in the U.S. Skilled workers should have at least two years’ experience, either through hands-on experience or through post-secondary education. Professionals should have either a U.S. bachelor’s degree or a foreign equivalent degree.


Question #8 – Employment Based Immigration

Can I file for a Green Card on my own or does my employer have to sponsor me? Does it make a difference in processing?

Answer #8 – It depends upon the preference category that you are filing under. Certain preference categories require employer sponsorship; whereas, others do not.


Question #9– What should I do if I am taken into Immigration (ICE) Custody?

Answer #9

  • You have a right to a lawyer – you will not be provided a lawyer, you will have to find a lawyer • You have a right to contact your consulate • Tell the ICE agent you wish to remain silent • DO NOT SIGN ANYTHING • Remember your “A” number and give it to your family – this is how they will be able to locate you • Keep a copy of your immigration documents with someone you trust


Question #10 – H-1B Nonimmigrant Visa
Can I get a Social Security card if I am working in the US on H-1B status?

Answer #10 – Yes.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, August 28, 2020!

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

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