MVP LAW GROUP – Immigration Q&A Forum, Friday, Nov. 25, 2016

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 – Employment Based Green Card
If I wanted to sponsor an H-1B worker for employment under the EB-2 or EB-3, what is the first step in this process?

Answer #1
The first step in the Employment Based Green Card process is the filing of the Labor Application with the Department of Labor after a good faith test of the U.S. Labor Market has been conducted and no willing, able or qualified U.S. workers are available for the position.

To further discuss all of the steps involved in the sponsorship process, please contact our office to schedule a consultation.


Question #2 – H1B Nonimmigrant Work Visa
What happens if my company lays me off while I am employed on an H-1B Visa?

Answer #2
By sponsoring you, your employer agreed to be liable for the reasonable costs of your return transportation abroad if you are dismissed before the authorized stay.
Furthermore, if another company is interested in sponsoring your H1B visa, they may file an H-1B visa transfer petition with the USCIS on your behalf to take over sponsorship.


Question #3 – Child Status Protection Act

What is the Child Status Protection Act?

Answer #3
According to the USCIS, The Child Status Protection Act (CSPA) amended the Immigration Nationality Act (INA) by changing who qualifies as a child for purposes of immigrant. This permits certain beneficiaries (see the glossary for a definition of the term “beneficiary”) to retain classification as a “child,” even if he or she has reached the age of 21.


Question #4 – H4 EAD Eligibility
If my wife has previously held an H-1B status, is she eligible to apply for H-4/EAD?

Answer #4
Eligibility does not depend upon your wife’s prior status; it depends upon whether or not you are in a lawful H1B nonimmigrant visa status, and whether you are the recipient of an approved I-140 petition, or else have received an extension of H1B status beyond the 6th year. If you are not the recipient of an approved I-140 petition, nor have you received an extension of H1B status beyond the 6th year, then your wife would not be eligible for an H4 EAD.


Question #5 – Family Based Immigration

Can I apply for green cards for my in-laws? I am a US Citizen and we are waiting for my spouse’s to get approved?

Answer #5

Eligible immediate relatives include the U.S. citizen’s:

  • Spouse
  • Unmarried child under the age of 21
  • Parent (if the U.S. citizen is over the age of 21)


Question #6 – DACA Renewal

What happens if my DACA and EAD expire before my DACA renewal application has been processed?

Answer #6
According to the USCIS, if your current period of DACA expires before you receive a renewal:

You will: Accrue unlawful presence for any time between the periods of deferred action
Unless you: Were under 18 years of age at the time you submitted your renewal request
You will: Not be authorized to work in the United States regardless of your age at the time of filing
Unless you: Receive a new Employment Authorization Document from USCIS


Question #7 – F1 Student Visa
This fall, I will be enrolled in a US University on a student Visa. Can I get a job while I am taking classes?

Answer #7
Speak with your Designated School Official (DSO), as certain on-campus employment may be possible.


Question #8 – EB5 Investor Visa
My brother and I have been thinking of starting a business in the US. What are the requirements for the EB-5 Visa?

Answer #8
All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise:

Established after Nov. 29, 1990, or Established on or before Nov. 29, 1990, that is:

1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or

2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Required minimum investments are:

• The minimum qualifying investment in the United States is $1 million.
• For Targeted Employment Area (TEA) (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.


Question #9 – Employment Based Immigration
My I-140 was recently approved. Can I apply for Adjustment of Status (AOS)?

Answer #9
If your priority date is current, then yes, you may apply for Adjustment of Status by filing Form I-485 with the USCIS. If your priority date is not current, you must wait for it to become current before you can file your Adjustment of Status application.


Question #10 – H1B Nonimmigrant Work Visa
If my H-1B was accepted under this year’s Cap, how long will it take for me to receive my Approval notice?

Answer #10
Normal processing of H1B CAP cases takes 3-4 months from the time of filing the H1B CAP petition. Sometimes, approvals may be issued after October 1; it all depends upon the particular processing center and their backlog.


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 9, 2016!

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

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