MVP LAW GROUP – Immigration Q&A Forum, Friday, March 31, 2017

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

If my relative is abroad and going through Consular Processing, do I need to be present with them for the interview?

Answer #1 – No.


Question #2 – Employment Authorization (EAD)

Currently, I am in an 8-year wait for my green card to be issued. Can I file an I-765 Employment Authorization Document in the mean time to start working in the US? If not, with the exception of H1B or student visas, is there something I could do to start working in the USA within 1-2 years?

Answer #2 – In order to receive an employment authorization document (EAD), you must be eligible to apply and receive an EAD. Based upon the information you have provided, you do not appear otherwise eligible to apply for and receive an EAD. Contact our office to speak with an Immigration Attorney about your present situation.


Question #3 – H1B Nonimmigrant Visa

My employer applied for my H1-B. It was approved in Jan 2016. I went to the US in April 2016 and worked there until October 2016. I had to come back to India for a family emergency and had to rejoin our office in India. My employer told me that he had to revoke my H1-B. I am interested to going back to the USA to work for a different employer. Can I just request another employer to file a new H1-B for me?

Answer #3 – If you are: (1) the recipient of an approved I-129 (H-1B) filed in the last six years; (2) did not receive that I-129 from a CAP exempt organization; and (3) have time remaining under the 6 year limit, then yes…you may find a new employer who is willing to sponsor your H-1B work visa in order to come back to the U.S. and work for that sponsoring H1B employer.


Question #4 – Family Based Immigration

I’ve read conflicting information on the internet; can you please clarify for me who is responsible for scheduling the Green Card Interview, my spouse or the Consulate itself?

Answer #4 – The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.


Question #5 – Naturalization

If my application for naturalization is denied by the USCIS, can I re-apply and how soon?

Answer #5 – Yes; however, how soon you re-apply depends upon several factors. You should discuss the reasons for denial with an Immigration Attorney and make an informed decision based upon the advice received from the Attorney.


Question #6 – H1B Nonimmigrant

Visa I am an international student with F1- status and Associate degree that I obtained here in US. Am I qualified to change my status to h1B VISA?

Answer #6 – Unfortunately, you are not, unless you possess qualifying work experience (3 years of qualifying work experience = 1 year of education, 3-1 rule). To be eligible to obtain an H-1B visa, you must have a Bachelor’s degree in a Specialty Occupation field, and the position for which you are being sponsored must require at a minimum the attainment of a Bachelor’s degree in a specific specialty occupation field. Please contact our office to speak with an Immigration Attorney.


Question #7 – Employment Based Immigration

I filed my I-140 two months ago and it is still pending with the USCIS. May I file my adjustment of status at this time?

Answer #7 – Processing of the I-140 petition generally takes anywhere from 6-8 months unless you elect to utilize the premium processing option. What preference category did you file the I-140 petition under? What is your country of chargeability? Is your priority date current? You are only eligible to file for Adjustment of Status if your priority date is current. Please contact our office to further discuss the specifics of your case as we do not have enough information.


Question #8 – Deferred Action for Childhood Arrivals (DACA)

I think I am eligible under DACA. Do you think given the potential risks, I should file my application with USCIS?

Answer #8 – Only YOU can make the decision of whether or not to file your application. I would recommend that you speak with a qualified Immigration Attorney first to discuss your eligibility and the risks involved in submitting a DACA Application to the USCIS.


Question #9 – Employment Based Green Card

Last month, I obtained my Green Card based on my employer’s sponsorship in EB2 category. If I change jobs after I-485 approval, is there any problem for my permanent residence later or in the U.S. citizen naturalization proceedings?

Answer #9 – It depends. There is no hard set period of time that you must remain with your sponsoring employer; however, we recommend to our clients that they remain with their sponsoring employer 6 months-1 year after receiving their Green Card, unless there are serious issues that warrant you leaving before that recommended time period, or a better job is offered that cannot be passed up.


Question #10 – General

How do you determine a Prevailing Wage for a position?

Answer #10 – The Department of Labor determines the prevailing wage for a particular position depending upon the job description, education level and experience required.
The Foreign Labor Certification Data Center Online Wage Library is accessible to the public on the Internet at: Online Wage Library – FLC Wage Search Wizard


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

Our next “Immigration Q & A Forum” is scheduled for Friday, April 14, 2017!

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

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