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Question #1 – Green Card
Can I change my employer once I receive my Green Card or is there a waiting period?
Answer #1 – Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers.
Question #2 – Employment Authorization Document (EAD)
Can my wife apply for a Social Security number if she just received her EAD?
Answer #2 – Yes.
Question #3 – H-1B Nonimmigrant Visa
If I plan to continue working for my employer in the US, at what point should we apply for an H1 extension?
Answer #3 – You should apply for an H1B extension prior to expiration of the visa. You can submit an H1B extension petition six (6) months prior to the expiration of the current visa.
Question #4 – J-1 Visa (Exchange Visitors)
My niece has a J1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?
Answer #4 – Considering the circumstances, if your niece’s visa was cancelled, she should make arrangements to leave immediately. If your niece’s visa has expired, which is different – you should speak with a qualified Immigration Attorney.
Question #5 – H-1B Nonimmigrant Visa
What qualifies an organization as H-1B Exempt?
– H1B petitions filed by institutions of higher education, as defined in Section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a), are exempt from the H1B cap.
– H1B petitions filed by non-profit entities that are related or affiliated to an institution of higher education are exempt from the H1B cap, this category is narrowly construed by the USCIS.
– H1B petitions filed by nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C), are exempt from the H1B cap.
Question #6 – Employment Based Immigration
What is the difference between an EB-2 and an EB-3 classification for a Green Card?
Answer #6 – 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 #7 – 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 #7 – 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 #8 – Criminal Convictions
Will a criminal conviction impair my ability to receive a temporary visa?
Answer #8 – 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 #9 – Naturalization
Does the government publish the naturalization test questions?
Answer #9 – USCIS publishes a complete list of the 100 civics questions and answers, 10 of which will be asked by a USCIS officer during the naturalization interview. These questions are available in different languages, check with USCIS for a complete listing.
Question #10 – Students and Employment
Can a foreign student obtain employment while studying at a US university?
Answer #10 – 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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, February 28, 2020!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!