MVP LAW GROUP – Immigration Q&A Forum, Friday, April 1, 2016

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Question #1 – H1B Nonimmigrant Work Visa
What qualifies an organization as H-1B Exempt?

Answer #1
– 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 #2 – Employment Authorization Document (EAD)
Can my wife apply for a Social Security number if she just received her EAD?

Answer #2

Question #3 – 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 #3
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 #4 – Dependents
What is a Dependent Visa and who is eligible to apply for one?

Answer #4
A dependent visa is a visa offered to the spouse and/or children of the primary visa holder. For instance, an H4 dependent visa is offered to spouses/children of H1B nonimmigrant visa holders; an L2 dependent visa is offered to spouses/children of L1 nonimmigrant visa holders, etc.) An H4 dependent is not allowed to work in the U.S. unless the primary visa holder has initiated the GC process, whereas, an L2 dependent is allowed to work. A dependent visa generally has the same validity period of the primary visa holder. Contact our office to further discuss.

Question #5 – 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 #5
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 #6 – Immigrant Investor Visa (EB5)
Who is eligible for the Immigrant Investor Visa?

Answer #6
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“.

Question #7 – F1 Student Status/OPT
Can a foreign student obtain employment while studying at a US university?

Answer #7
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 #8 – H1B Nonimmigrant Work Visa
Does the time on my H-1B visa start the day that is approved or when I first enter the U.S. using it?

Answer #8
The six (6) year limit begins when you first enter the U.S.

Question #9 – Deferred Action for Childhood Arrivals (DACA)
I received a work permit through my DACA status. How can I tell if it was affected by the recent recall?

Answer #9
A letter would have been sent to the address as listed on the DACA application.

Question #10 – Premium Processing
Can Premium Processing apply to visas other than the employment based?

Answer #10


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 15, 2016!

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

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