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Question #1 – H1B Nonimmigrant Work Visa
Are employers required to post a notice of filing of LCA at the end-client location? Why can’t we just post at our offices?
Answer #1 – Yes. Pursuant to the regulations, notices are to be posted in two conspicuous locations at the actual location where the work is to be performed. Therefore, posting at the employer’s office only is not sufficient.
Question #2 – Employment Based Green Card
My priority date just became current again; I’ve already filed the I-485 application. How long do I have to wait to receive my green card?
Answer #2 – This period of time varies and depends upon numerous factors: Issuance of an RFE; how many individuals are in front of you with earlier PD’s that have not been issued a Green Card yet; demand from your country; backlog at the Service Centers, the period of time your I-485 petition was filed; etc. Generally, I-485 applications take 6 months or less to process; however, please note that I did mention ‘generally’. A Green Card can only be issued if there is an available immigrant visa number. You should monitor the monthly visa bulletin and speak with an experienced Immigration Attorney concerning the specific details of your case.
Question #3 – H-1B Nonimmigrant Work Visa
My employer somehow lost my original I-797 H1 approval notice and I need it to renew my driver’s license and get visa stamping in the future when I travel. Can I get a new approval notice?
Answer #3 – Your employer will need to submit Form I-824 to the USCIS along with the USCIS filing fee of $465.00 to request a duplicate approval notice.
Question #4 – Marriage Based Green Card Sponsorship
Can I apply for a spousal visa, if I am getting married to a green card holder & am currently in H-1B visa status?
Answer #4 – Yes; however, you must first marry your spouse. After marriage, your green card holder (Lawful Permanent Resident) spouse, may then prepare and submit an I-130, Petition for Alien Relative on your behalf to the USCIS for processing.
Question #5 – Business Visa
For how long can a person stay in US on a Business Visa (B1/B2)?
Answer #5 – It depends, normally for a period of 6 months; however, whatever date the Customs and Border Patrol (CBP) stamp provide on your I-94 record is the length of time you are eligible to remain in the U.S. lawfully.
Question #6 – Lawful Permanent Resident
If I am a Permanent Resident, can I file a petition for my parent’s Green Card?
Answer #6 – No. You may sponsor your Parents if/when you become a United States Citizen.
Question #7 – U.S. Passport
While we were staying in the US with my H-1 Visa, my wife had a baby boy. Do I need to get a Visa or a US Passport to travel with him out of the country?
Answer #7 – Yes, you will need to apply for a U.S. Passport for your son in order to travel with him outside of the country.
Question #8 – Advance Parole (AP)
If my Advanced Parole is expiring the end of this month do I need to reapply for a new one right away? My family just got back from a trip and don’t plan to travel anymore in the next year.
Answer #8 – You do not need to apply for a new one right away. You may in fact apply at a later date. However, it is recommend to have a valid Advance Parole document, if you have no other valid authorization to re-enter the U.S., because emergencies do occur, and expediting an Advance Parole document can be troublesome if you do not satisfy any of the expedite criteria.
Question #9 – Employment Authorization Document (EAD)
Can my wife apply for a Social Security number if she just received her EAD?
Answer #9 – Yes.
Question #10 – Alternate Options to H1B Nonimmigrant Work Visa
Since the H-1B Cap Case Quota has been met, are there any other options for me to hire a Foreign Worker?
Answer #10 – Now that all of the new H-1B visas for the 2019 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?
Here are some creative solutions to this problem:
OPT – STEM Extension
If the company is registered for E-Verify, the database that enables employers to verify the legitimacy of work authorization and identity documents at the time of hire, those who have been granted 12 months of Optional Practical Training after graduation, are eligible for a STEM extension of an additional 17 months of work authorization.
The O-1 visa is suited for individuals of extraordinary ability or achievement. The O classification is a useful and flexible alternative to the H-1B program because there is no overall limit on time in the classification and there is no cap. O-1 beneficiaries in the sciences, arts, education, business, or athletics must have extraordinary ability “demonstrated by sustained national or international acclaim.”
The E-3 visa classification is limited to Australian Professionals. The E-3 visa is a “specialty occupation” visa similar to the H-1B visa. Therefore to be eligible for the visa, the Australian citizen must possess a bachelor’s degree or higher (or its equivalent) in the specialty and the specialty occupation must require the degree. There is a 10,500 annual limit on the E-3 visa.
The L-1 visa is an option for international organizations with offices in the United States who transfer employees to the United States for temporary periods of time. In order to be eligible for an L-1 visa, the petitioning entity must prove that the beneficiary of the visa has worked for the non-U.S. based sister company/subsidiary for at least one full year within the last three years as an executive, manager or employee with specialized knowledge.
H-1B Visa for FY2020
WAIT for the H-1B FY2020 Quota! The H-1B FY2020 Quota will open on April 1, 2019 with employment beginning on October 1, 2019. 65,000 visas are annually allocated to foreign nationals who possess a bachelor’s degree or higher (or its equivalent) in the specialty and the specialty occupation must require the degree. We can begin to prepare cases for the annual quota now; however, no cases will be filed with the USCIS towards the CAP until after April 1, 2019.
Contact MVP Law Group for more 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, September 7, 2018!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!