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 – Unlawful Presence in USA
I cannot remember the specifics regarding unlawful presence towards the 3yr and 10yr bars, can you provide those time periods?
Answer #1 – If an applicant remains in the US unlawfully (without authorization) for more than 180 days they may be subject to the 3 year bar. If an applicant remains in the US unlawfully (without authorization) for more than 365 days (1 year), they may be subject to the 10 year bar.
Question #2 – Student Visa (F1)
I am currently on an F1 Visa. I am planning to get married in early January 2018. Can I bring my wife to the US on a dependent visa while I am on F1 Visa status?
Answer #2 – The F2 is reserved for the spouse and children of the F1 visa holder. It depends upon a majority of factors – time remaining, sufficient funds to provide for you and your spouse, proof of intent to return to your home country, etc.
Question #3 – Green Card
If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?
Answer #3 – A green card is valid for a period of 10 years; you may renew 6 months prior to its expiration. You may renew your green card by filing Form I-90 with the USCIS.
Question #4 – Prevailing Wage
How do you determine a Prevailing Wage for a position?
Answer #4 – The Department of Labor determines the prevailing wage for a particular position depending upon the job description, education level and experience required.
The Foreign Labor Certification Data Center Online Wage Library is accessible to the public on the Internet at: Online Wage Library – FLC Wage Search Wizard
Question #5 – 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?
Answers #5 – 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 #6 – H-1B Nonimmigrant Work Visa
What is the difference between having H-1B status and having an H-1B visa?
Answer #6 – H-1B status generally refers to your legal status while in the United States, as the moment you exit the U.S., you are no longer considered in H-1B status. An H-1B visa is a stamp that you receive in your passport when a Consular Officer approves your H-1B petition at a U.S. Consulate overseas. The valid H-1B visa stamp allows you to enter the U.S. as an H-1B nonimmigrant in H-1B visa status.
Question #7 – J-1 Visa
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 #7 – 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 #8 – H-1B Nonimmigrant Work Visa
Does the time on my H-1B visa start the day that is approved or when I first enter the U.S. using it?
Answer #8 – The six year period begins to accrue when you first enter the U.S. on a valid H-1B nonimmigrant visa. Time is only counted towards the 6 year limit when you are physically present in the U.S., each time you go outside the U.S., the clock stops and you are no longer in H-1B nonimmigrant visa status until you return to the U.S.
Question #9 – Temporary Work Visa: H-2B
If I come on a seasonal work visa, can I stay in the U.S. until the next work season or do I need to return to the country of which I am a citizen and apply for another visa?
Answer #9 – You will need to return to the country of which you are a citizen and apply for another visa for the next work season if there remains a need for your services.
Question #10 – Criminal Convictions
Will a criminal conviction impair my ability to receive a temporary visa?
Answer #10 – 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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, July 26, 2019!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!