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Question #1 – Marriage Based Green Card Sponsorship
Can I apply for a spousal visa, if I am getting married to a green card holder & am currently in H-1B visa status?
Answer #1 – Yes; however, you must first marry your spouse. After marriage, your green card holder (Lawful Permanent Resident) spouse, may then prepare and submit an I-130, Petition for Alien Relative on your behalf to the USCIS for processing.
Question #2 – Business Visa (B1/B2)
For how long can a person stay in US on a Business Visa (B1/B2)?
Answer #2 – It depends, normally for a period of 6 months; however, whatever date the Customs and Border Patrol (CBP) stamp provide on your I-94 record is the length of time you
Question #3 – Employment Based Green Card
My priority date just became current again; I’ve already filed the I-485 application. How long do I have to wait to receive my green card?
Answer #3 – This period of time varies and depends upon numerous factors: Issuance of an RFE; how many individuals are in front of you with earlier PD’s that have not been issued a GC yet; demand from your country; backlog at the Service Centers, the period of time your I-485 petition was filed; etc. Generally, I-485 applications take 6 months or less to process; however, please note that I did mention ‘generally’. A GC can only be issued if there is an available immigrant visa number. You should monitor the monthly visa bulletin and speak with an experienced Immigration Attorney concerning the specific details of your case.
Question #4 – General
Will an expunged felony affect my Visa Process?
Answer #4 – Although the conviction has been expunged by a federal, state or foreign court, it does not necessarily mean that the conviction has been expunged for immigration purposes. It is our recommendation that you contact our office to discuss your situation.
Question #5 – General
While we were staying in the US with my H-1 Visa, my wife had a baby boy. Do I need to get a Visa or a US Passport to travel with him out of the country?
Answer #5 – Yes, you will need to apply for a U.S. Passport for your son in order to travel with him outside of the country.
Question #6 – H1B Nonimmigrant Work Visa
Are employers required to post a notice of filing of LCA at the end-client location? Why can’t we just post at our offices?
Answer #6 – Yes. Pursuant to the regulations, notices are to be posted in two conspicuous locations at the actual location where the work is to be performed. Therefore, posting at the employer’s office only is not sufficient.
Question #7 – Advance Parole (AP)
If my Advanced Parole is expiring the end of this month do I need to reapply for a new one right away? My family just got back from a trip and don’t plan to travel anymore in the next year.
Answer #7 – You do not need to apply for a new one right away. You may in fact apply at a later date. However, it is recommend to have a valid Advance Parole document, if you have no other valid authorization to re-enter the U.S., because emergencies do occur, and expediting an Advance Parole document can be troublesome if you do not satisfy any of the expedite criteria.
Question #8 – Business Visitor Visa
How long can someone stay in US on a Business Visa (B1/B2)?
Answer #8 – 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 #9 – H1B Nonimmigrant Work Visa
Do non-profit organizations follow the same guidelines/rules for filing H-1B cases?
Answer #9 – 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, H1B CAP to open.
Question #10 – 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 #10 – 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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, March 8, 2019!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!