MVP “Immigration Q & A Forum” – This Friday, February 8, 2019

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 – TN Visa

I am a Canadian citizen and wanted to work as a dentist in the US. Do I qualify for a TN Visa under the NAFTA regulations?

Answer #1 – The position of Dentist is listed in Appendix 1603 of the NAFTA regulations. In order to be eligible, you would need the following: (i) present job offer from a U.S. employer; and proof that you have the following qualifications (ii) D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license.

 

Question #2 – Family Based Immigration

If my relative is abroad and going through Consular Processing, do I need to be present with them for the interview?

Answer #2 – No.

 

Question #3 – H1B Nonimmigrant Visa

I am an international student with F1- status and Associate degree that I obtained here in US. Am I qualified to change my status to h1B VISA?

Answer #3 – Unfortunately, you are not, unless you possess qualifying work experience (3 years of qualifying work experience = 1 year of education, 3-1 rule). To be eligible to obtain an H-1B visa, you must have a Bachelor’s degree in a Specialty Occupation field, and the position for which you are being sponsored must require at a minimum the attainment of a Bachelor’s degree in a specific specialty occupation field. Please contact our office to speak with an Immigration Attorney.

 

Question #4 – Employment Based Green Card

Last month, I obtained my Green Card based on my employer’s sponsorship in EB2 category. If I change jobs after I-485 approval, is there any problem for my permanent residence later or in the U.S. citizen naturalization proceedings?

Answer #4 – It depends. There is no hard set period of time that you must remain with your sponsoring employer; however, we recommend to our clients that they remain with their sponsoring employer 6 months-1 year after receiving their Green Card, unless there are serious issues that warrant you leaving before that recommended time period, or a better job is offered that cannot be passed up.

 

Question #5 – Employment Based Immigration

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

Answer #5 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.)

 

Question #6 – Employment Authorization (EAD)

Currently, I am in an 8-year wait for my green card to be issued. Can I file an I-765 Employment Authorization Document in the mean time to start working in the US? If not, with the exception of H1B or student visas, is there something I could do to start working in the USA within 1-2 years?

Answer #6 – In order to receive an employment authorization document (EAD), you must be eligible to apply and receive an EAD. Based upon the information you have provided, you do not appear otherwise eligible to apply for and receive an EAD. Contact our office to speak with an Immigration Attorney about your present situation.

 

Question #7 – Naturalization

If my application for naturalization is denied by the USCIS, can I re-apply and how soon?

Answer #7 – Yes; however, how soon you re-apply depends upon several factors. You should discuss the reasons for denial with an Immigration Attorney and make an informed decision based upon the advice received from the Attorney.

 

Question #8 – Family Based Immigration

I’ve read conflicting information on the internet; can you please clarify for me who is responsible for scheduling the Green Card Interview, my spouse or the Consulate itself?

Answer #8 – The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.

 

Question #9 – Employment Based Immigration

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

Answer #9 – 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 #10 – Employment Based Immigration

I filed my I-140 two months ago and it is still pending with the USCIS. May I file my adjustment of status at this time?

Answer #10 – Processing of the I-140 petition generally takes anywhere from 6-8 months unless you elect to utilize the premium processing option. What preference category did you file the I-140 petition under? What is your country of chargeability? Is your priority date current? You are only eligible to file for Adjustment of Status if your priority date is current. Please contact our office to further discuss the specifics of your case as we do not have enough information.

 

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 22, 2019!

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