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Question #1 – H1B Nonimmigrant Visa
If my employer has received an RFE for my H-1B case, does this mean my case will not be approved?
Answer #1 – No. An RFE is a Request for Additional evidence, which seeks further documentation/information from the Petitioner and/or the Beneficiary. An RFE is issued because the Adjudicating Officer cannot make a final determination whether to approve or deny based upon the initial filing. The Officer needs more information concerning a certain issue or several issues in order to ultimately approve or deny the case.
Question #2 – Re-Entry Permit
What does a legal resident have to do to stay outside the U.S. for more than 6 months?
Answer #2 – If a Legal Permanent Resident of the U.S. wants to make trips outside of the U.S. for periods of 6 months or more, they should prepare and file a Re-Entry permit with the USCIS, Form I-131. Still, you should contact an Immigration Attorney to discuss your specific situation.
Question #3 – 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 #3 – 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 #4 – Employment Based Immigration
Can I file multiple I-140 petitions in different immigration categories?
Answer #4 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.)
Question #5 – Green Card
I am a Green Card holder and I am getting married in the fall. Do I need to report my name change and get another Green Card?
Answer #5 – As long as you carry with you evidence of your legal name change in addition to your Green Card, you should be fine until the time comes for you to file to renew your Green Card. Otherwise, if your name changes and you want to get a new Green Card with the new name change, then you will have to complete Form I-90, and pay the USCIS filing fee of $455 plus $85 biometrics fee.
Question #6 – General
Right now, I am in the US on a B1 Visa. Can I apply for an L1 visa after using the B1 visa? Is there a waiting period before applying?
Answer #6 – A B1 visa is a visitor/business/tourism visa, which allows you to enter the U.S. for a specific period of time with the intent to return to your residence abroad, and which does not allow you to work. An L1 visa is a temporary nonimmigrant work visa, which allows you to enter the U.S. to work for a specific period of time with the intent to return to your residence abroad at the end of the specific time period.
*You should speak with a qualified Immigration Attorney about your situation.
Question #7 – H1B Nonimmigrant Visa
I will be starting work in the US with an H-1Visa. Does my spouse need to accompany me to the US right away? She wanted to stay in our home country for a few months. My wife has an approved H-4 Visa.
Answer #7 – No.
Question #8 – Deportation
Can a person who was deported from the U.S.A ever return to the US legally?
Answer #8 – It depends. If a noncitizen was deported from the U.S., they are not supposed to attempt to reenter for a specified period of time, if ever. It depends upon factors such as the reason for removal, and whether the person was convicted of a crime, etc. You should contact an Immigration Attorney to further discuss.
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 – 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 #10 – 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.
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 8, 2019!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!