MVP LAW GROUP – Immigration Q&A Forum, Friday, December 14, 2018

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 – 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 #1 – 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 #2 – H1B Nonimmigrant Work Visa

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

Answer #2 – 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 #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 – Deportation

Can a person who was deported from the U.S.A ever return to the US legally?

Answer #4 – 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 #5 – H1B Nonimmigrant Work 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 #5 – Yes, as your facts appear to indicate that you were subject to the H1B CAP within the past six years.

 

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 – TN Nonimmigrant Work Visa

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

Answer #7 – 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 #8 – Visa Bulletin

Where can I find the visa bulletin numbers?

Answer #8 – On the U.S. Department of State website: Visa Bulletin

 

Question #9 – Asylum

How does someone apply for Asylum status in the US?

Answer #9 – If someone is eligible for Asylum or may think they are eligible for Asylum, they should speak with an Immigration Attorney immediately, as there is a time frame for applying for Asylum once arriving in the United States. If a person is eligible for Asylum, they apply directly with the USCIS by completing and submitting Form I-589, Application for Asylum and for Withholding of Removal, along with substantiating evidence to support their Asylum claim.

 

Question #10 – Employment Based Immigration

Can I file multiple I-140 petitions in different immigration categories?

Answer #10 – Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.)

 

 

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 11, 2019!

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