MVP LAW GROUP – Immigration Q&A Forum, Friday, July 27, 2018

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Question #1 – 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 #1 – 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 #2 – Employment Authorization Document (EAD)

Can my wife apply for a Social Security number if she just received her EAD?

Answer #2 – Yes.

 

Question #3 – H1B Nonimmigrant Work Visa

What qualifies an organization as H-1B Exempt?

Answer #3

– H1B petitions filed by institutions of higher education, as defined in Section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a), are exempt from the H1B cap.
– H1B petitions filed by non-profit entities that are related or affiliated to an institution of higher education are exempt from the H1B cap, this category is narrowly construed by the USCIS.
– H1B petitions filed by nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C), are exempt from the H1B cap.

 

Question #4 – Criminal Convictions

Will a criminal conviction impair my ability to receive a temporary visa?

Answer #4 – 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 #5 – 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 #5 – 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 #6 – F1 Student Status/OPT

Can a foreign student obtain employment while studying at a US university?

Answer #6 – Generally, all employment is contingent on remaining within the terms and restrictions of your F-1 visa. There are several categories of employment during the term of your stay as an F-1 student in the United States. To further discuss your specific situation, please contact our office to schedule a consultation.

 

Question #7 – H1B Nonimmigrant Work Visa

If I plan to continue working for my employer in the US, at what point should we apply for an H1 extension?

Answer #7 – You should apply for an H1B extension prior to expiration of the visa. You are allowed to submit an H1B extension petition six (6) months prior to the expiration of the current visa.

 

Question #8 – Premium Processing

Can Premium Processing apply to visas other than the employment based?

Answer #8 – No.

 

Question #9 – Adjustment of Status (AOS)

If I just applied for my Green Card, can I travel back home to visit my family while the I-485 is pending?

Answer #9 – Did you apply for Advance Parole (Form I-131) along with your I-485 application? If so, has the advance parole application been approved? If not, do you have a valid nonimmigrant work visa? If not, then you will need to submit an application for Advance Parole (Form I-131) with the USCIS and wait for it to be approved. If you have exigent circumstances which require expedite services, then you should set up an INFOPASS appointment with the local USCIS field office and bring sufficient documentation of the need for expedited processing.

 

Question #10 – Immigrant Investor Visa (EB5)

Who is eligible for the Immigrant Investor Visa?

Answer #10 – In order to be eligible for the EB-5 visa program, a person must invest one (1) million dollars in a business in the United States, or invest at least five hundred thousand(500) dollars in a “Target Employment Area (TEA)”. All EB-5 investors must invest in a new commercial enterprise. For more information on the EB5 Immigrant Investor Visa, please visit: USCIS web page, “EB-5 Immigrant Investor Program“.

 

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, August 10, 2018!

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