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Question #1 – Unlawful Presence in USA
I cannot remember the specifics regarding unlawful presence towards the 3 yr and 10 yr 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 – 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 #2 – 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 #3 – H-1B Nonimmigrant Work Visa
What is the difference between having H-1B status and having an H-1B visa?
Answer #3 – 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 #4 – 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 #4 – 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 #5 – Green Card
If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?
Answer #5 – 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 #6 – General
My sister is filling up the form DS 160 for H1b through her multinational company in India. What should she mention in the question, “Do u have a relative in USA”? I was on J1 visa for 3 years and got F1 approved while in USA only. But unfortunately, I lost my F1 visa due to Tri Valley University, but I am still enrolled as full time student in a school in USA in F1. Will she face further questions on my visa details or terminated SEVIS during visa interview? Can it jeopardize her prospects of getting visa?
Answer #6 – Your sister should be truthful in the completion of her DS-160 application. Your status should not affect her status. This ultimately is an application and an interview regarding her potential employment and should not concern you. It is not her business to know all of the details of your visa status. The questioning from the visa officer should be centered on her, not her family or your status. Your visa status/circumstances should not jeopardize her attainment of an H1B nonimmigrant visa.
Question #7 – Criminal Convictions
Will a criminal conviction impair my ability to receive a temporary visa?
Answer #7 – 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.
Question #8 – 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 #8 – 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 #9 – 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 #9 – 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 #10 – 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 #10 – 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.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, December 22, 2017!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!