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Question #1 – H-1B Nonimmigrant Visa
What is the minimum time period for which an H-1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for a visa?
Answer #1 – It depends. I’ve seen H-1B approvals for the entire three (3) year period, and cases approved for only two (2) months. You should speak with an Immigration Attorney concerning your circumstances.
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
Do non-profit organizations follow the same guidelines/rules for filing H-1B cases?
Answer #3 – No. H-1B workers who are petitioned for or employed at an institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization, or a government research organization are not subject to the numerical cap. In other words, if a nonprofit research organization wants to employ a qualified H1B specialty occupation worker in the middle of June, they may petition the USCIS directly, and do not have to wait for the annual April 1, H-1B CAP to open.
Question #4 – Family Based Immigration
As a Lawful Permanent Resident, can I file an I-130 petition for my family members?
Answer #4 – It depends upon your relationship to that family member. As an LPR, you may only petition on behalf of your spouse, your children, and your unmarried sons and daughters (21 and older). An I-130, Immigrant Petition for Alien Relative will need to be filed for each qualifying family member.
Question #5 – General
My name was spelled incorrectly on my I-797 receipt notice for my I-129. Can I have it corrected and will it affect the approval process?
Answer #5 – Contact the USCIS at 1-800-375-5283 and initiate a Service Request to correct the typographical error, so that the approval notice is accurate.
Question #6 – Employment Based Immigration
I have an approved I-140 in the EB-3 category. My new employer wants to file an application for me in the EB-2 category. Can I make the switch if I believe I am qualified?
Answer #6 – If the employer offers you the position, and you are able to satisfy the minimum education and experience requirements for the position, you should be able to make the switch and petition to recapture the earlier priority date at the I-140 stage.
Question #7 – L1 Intracompany Transferee Visa
How long can one stay in the US on an L-1A visa?
Answer #7 – If the L1A recipient is coming to open a new office in the U.S., the initial L1A visa will only be valid for a period of one (1) year. The recipient will then have to petition the USCIS for an extension of stay in L1A status. The max limit in L1A nonimmigrant visa status is seven (7) years.
Question #8 – Green Card
Does Green Card processing duration depends on the country of birth or country of nationality?
Answer #8 – Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.
Question #9 – Affidavit of Support
What is an Affidavit of Support?
Answer #9 – USCIS: An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently.
Question#10 – Green Card
Can I change my employer once I receive my Green Card or is there a waiting period?
Answer #10 – Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, December 4, 2020!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!