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Question #1 – H-1B Nonimmigrant Visa
My 6-year limit has expired on my H-1B visa. How long do I have to remain out of the US before I can apply again?
Answer #1 – You must remain outside of the United States for an entire year (one year) before you are eligible to apply for another H-1B nonimmigrant work visa.
Question #2 – Visa Bulletin
Where can I find the visa bulletin numbers?
Answer #2 – On the U.S. Department of State website: Visa Bulletin
Question #3 – Advance Parole (AP)
If my Advance Parole is about to expire and I don’t plan to travel outside of the US within the next year, do I have to renew it?
Answer #3 – No; however, it may be a good idea to renew it – just in case, as you never know when things may happen that require you to travel abroad with short notice.
Question #4 – Family Based Immigration
Can I apply for green cards for my in-laws? I am a US Citizen and we are waiting for my spouse to get approved?
Answer #4 – No!
Eligible immediate relatives include the U.S. citizen’s:
- Unmarried child under the age of 21
- Parent (if the U.S. citizen is over the age of 21)
Question #5 – Green Card
Is there a set period of time that I must live and work in the United States before I can apply for a Green Card?
Answer #5 – No. Employers may in fact sponsor applicants overseas for employment-based green card sponsorship. Family members may also sponsor applicants overseas for family-based green card sponsorship. In these cases, overseas applicants will receive a temporary LPR stamp at the Consular Interview allowing them to travel to the U.S. Once in the U.S. and the immigrant visa fee paid, the physical Green Card will be mailed to the applicant at the U.S. address as listed on the Consular Processing forms.
Question #6 – Consular Processing
How does Consular Processing work?
Answer #6 – The USCIS website sufficiently explains how Consular Processing works.
Question #7 – H-1B Nonimmigrant Visa
Can I go for H1B Visa Stamping without my original I-797 approval notice? I only have a copy and a bottom portion of the original.
Answer #7 – Yes. The I-797, Notice of Action clearly provides the following language: The Petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. The left part can be used in applying for the new visa.
If you would feel more at ease with the original, ask your employer about their policy in providing the original approval notice for H1B nonimmigrant visa stamping purposes ONLY.
Question #8 – Naturalization/Citizenship
I’d like to become a U.S. Citizen. For the past 7 years, I have been a Green Card holder and I have no criminal background. Is there somewhere where I can look to see what is involved in the process?
Answer #8 – Check out the USCIS website, as they have a plethora of informational resources concerning Naturalization/Citizenship.
Question #9 – Re-Entry Permits (Form I-131)
If I have a Green Card, do I need a re-entry permit to come back into the US?
Answer #9 – If you plan to travel outside the U.S. for more than 6 months to one (1) year at a time, then YES, you should apply for a re-entry permit prior to your departure. Biometrics are required for re-entry permits, so you will want to stay around and go for your biometrics appointment before you depart for your lengthy trip.
Question #10 – Employment Authorization (EAD)
In April, I filed to renew my EAD and as of today, I have still not received an approval. My current EAD will expire the end of this month. What are my options?
Answer #10 – You are able to apply for a renewal of EAD 120 days prior to the expiration of your existing EAD. EAD processing generally takes 2-3 months. As it has only been about a month since you filed your EAD renewal request, you must continue to wait for your new EAD, unless you have sufficient documentation to support an expedite request with the USCIS. Please see the USCIS website for a list of expedite criteria.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, November 15, 2019!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!