MVP “Immigration Q & A Forum” – This Friday, January 17, 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 – B-1 Temporary Business Visitor Visa

How long can someone stay in US on a Business Visa (B1/B2)?

Answer #1 – 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 #2 – Lawful Permanent Resident

If I am a Permanent Resident, can I file a petition for my parent’s Green Card?

Answer #2 – No. You may sponsor your Parents if/when you become a United States Citizen.

 

Question #3 – Green Card
Can I change my employer once I receive my Green Card or is there a waiting period?

Answer #3 – Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers.

 

Question #4 – Family Based Immigration

I am marrying a United States citizen in two weeks; do you know when I can expect to have my interview to change my status?

Answer #4 – You will have to file the Immigrant Petition along with the Adjustment Application and allow those petitions to process. It can take anywhere from 6-12 months, if not longer depending upon the current case load for the Immigrant Petition and Adjustment Application at the Service Center. It is not an automatic process.

 

Question #5 – H-1B Nonimmigrant Visa

Is it possible for me to switch from an H-1B visa to another status? How long does it normally take?

Answer #5 – Generally, yes and it depends. You have not provided sufficient information to provide a solid answer. Please contact our office to schedule a consultation to discuss any options that may be available.

 

Question #6 – TN NAFTA Professionals Visa

What is required to obtain a TN visa at the border?

Answer #6 – You must be a Canadian National, with a valid offer of employment from a U.S. employer. Mexican Nationals are required to seek the TN visa directly from the Consulate and are not able to obtain a TN visa directly at the border.

 

Question #7 – H-1B Nonimmigrant Visa

My H1B visa got approved in 2017 which was filed by my previous employer. I did not get chance to travel to USA or my visa stamped. Now that I am with another employer, can I transfer my H1B?

Answer #7 – Yes, as your facts appear to indicate that you were subject to the H1B CAP within the past six years.

 

Question #8 – Naturalization

Will I be asked all 100 civics questions during the naturalization interview?

Answer #8 – No. You will be asked 10 questions out of the possible 100 civics questions. You must correctly answer 6 out of the 10 questions ask by the interviewer to pass. Follow this link for an online civics practice test, “Welcome to the Civics Practice Test!

 

Question #9 – Green Card

How do I remove the conditions of my permanent residency?

Answer #9 – 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 #10 – H-1B Nonimmigrant Visa

Is there a grace period for applying for an H-1B transfer after termination from a previous sponsoring employer?

Answer #10 – According to the USCIS, there is no grace period. In practice, a period of two weeks is a reasonable period of time in order to transition to new employment; however, the regulations do not provide for a grace period.

 

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

Our next “Immigration Q & A Forum” is scheduled for Friday, January 31, 2020!

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