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Question #1 – 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 #1 – Considering the circumstances, if your niece’s visa was cancelled then 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 #2 – 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 #2 – 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 #3 – Green Card
If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?
Answer #3 – 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 #4 – 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 #4 – No.
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 – 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 #7 – The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.
Question #8 – Prevailing Wage
How do you determine a Prevailing Wage for a position?
Answer #8 – 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
Question #9 – Criminal Convictions
Will a criminal conviction impair my ability to receive a temporary visa?
Answer #9 – 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 #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?
Answers #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, October 19, 2018!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!