MVP LAW GROUP – Immigration Q&A Forum, Friday, September 21, 2018

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 – H1B Nonimmigrant Work Visa

I have vacation plans to go out of the country the first week of July. Can I file my H-1B extension petition prior to leaving?

Answer #1 – More information is needed in order to provide a sufficient answer. When does your current H-1B expire? Generally, we recommend that you do not travel unless it is an emergency, while a case is pending with the USCIS.


Question #2 – Immigrant Petition for Alien Worker

What happens if I get fired from a company who sponsored my I-140?

Answer #2 – Being a recipient of an approved I-140, Immigrant Petition for Alien Relative does not give you lawful status in the U.S. If you are fired by the company that sponsored your I-140 petition, the company is within their legal authority to withdraw your I-140 petition. You should contact our office so that we may discuss all of the circumstances of your case.


Question #3 – Business Visitor Visa

How long can someone stay in US on a Business Visa (B1/B2)?

Answer #3 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months.


Question #4 – Citizenship

If I have been a Green Card Holder for 8 years, am I eligible to Apply for Citizenship?

Answer #4 – The general requirements for administrative naturalization include:
• A period of continuous residence and physical presence in the United States;
• Residence in a particular USCIS District prior to filing;
• An ability to read, write and speak English;
• A knowledge and understanding of U.S. history and government;
• Good moral character;
• Attachment to the principles of the U.S. Constitution; and,
• Favorable disposition toward the United States


Question #5 – H-1B Nonimmigrant Visa

How long do you have to work in the US under H-1B before you can apply for an I-140?

Answer #5 – There is no specific set time frame, as an applicant who has never been in the U.S. can be sponsored for an employment based green card by a U.S. employer.


Question #6 – H-1B Nonimmigrant Visa

My current H-1B visa expires on 12/1/2018. I’ve filed for an extension and received a receipt for it. Can I continue working without the new approval?

Answer #6 – Yes. Under regulation 8 C.F.R.§274a.12(b)(20), a person lawfully employed under A-3,E-1,E-2,E-3,G-5, H-1B, H-2A/B, H-3, I, J-1, L-1, O-1/O-2,P-1/P-2/P-3, R or TN status who timely files an application for extension consistent with 8 C.F.R.§214.1, is automatically given 240 days from the date of expiration.


Question #7 – Conditional Permanent Residence

How do I remove my conditions on my Conditional Green Card?

Answer #7 – File Form I-751, Petition to Remove Conditions on Residence with the USCIS, within 90 days of the expiration of the conditional permanent resident card. You should file the petition jointly with your spouse through whom you obtained conditional status. However, certain exceptions do exist that may allow you to apply for a waiver of the joint filing requirement.


Question#8 – Green Card

If I misplaced my Green Card, how do I obtain a replacement card?

Answer #8 – File Form I-90, Application to Replace Permanent Resident Card with the USCIS along with the filing fee of $540.00 which includes $455.00 for Form I-90 and $85.00 for biometrics, made payable to the “US Department of Homeland Security.” *new fee schedule 8/1/18


Question #9 – Consular Processing

How does Consular Processing work?

Answer #9 – The USCIS website best explains the difference between Adjustment of Status (in the U.S.) and Consular Processing (outside of the U.S.):
The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply (Form DS-230) at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as “consular processing.”
Adjustment of status (Form I-485) is an alternate process by which an eligible person, who is already in the United States, can apply for permanent resident status without having to return to his/her home country to complete processing.


Question #10 – Asylum

How does someone apply for Asylum status in the US?

Answer #10 – If someone is eligible for Asylum or may think they are eligible for Asylum, they should speak with an Immigration Attorney immediately, as there is a time frame for applying for Asylum once arriving in the United States. If a person is eligible for Asylum, they apply directly with the USCIS by completing and submitting Form I-589, Application for Asylum and for Withholding of Removal, along with substantiating evidence to support their Asylum claim.


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 5, 2018!

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

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