MVP LAW GROUP – Immigration Q&A Forum, Friday, May 24, 2013

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Question #1
Can I apply for a spousal visa, if I am getting married to a green card holder & am currently in H-1B visa status?

Answer #1
Yes; however, you must first marry your spouse. After marriage, your green card holder (Lawful Permanent Resident) spouse, may then prepare and submit an I-130, Petition for Alien Relative on your behalf to the USCIS for processing.

Question #2
Are employers required to post a notice of filing of LCA at the end-client location? Why can’t we just post at our offices?

Answer #2
Yes. Pursuant to the regulations, notices are to be posted in two conspicuous locations at the actual location where the work is to be performed. Therefore, posting at the employer’s office only is not sufficient.

Question #3
If I have less than six months before my passport will expire, how can I file an H-1B petition?

Answer #3
You can still file an H-1B petition. However, your passport should be current at all times. If visa stamping is needed, then you should have a valid passport for a validity period of longer than six months.

In most cases, to enter the United States, you must have a passport that is valid for at least six months after the date you enter or reenter. Many countries will allow you to renew your passport while in the United States. The other alternative is to renew your passport when you return home for a visit. You may want to delay leaving the United States until you have renewed your passport. You will not be able to reenter the United States without a valid passport.

If your expired passport has a valid visa, you can still use it if you kept the old passport. Present the old passport, along with the new passport when you reenter the country.

Question #4
I have my Green Card and I will be traveling outside of the US this summer. What documents do I need to travel outside the United States?

Answer #4
Your Green Card. However, be certain to not take trips longer than 6 months in duration outside of the U.S., if you intend to apply for Citizenship in a few years, as it will disrupt the continuous residence requirement. Furthermore, please take note not to make any trips outside the U.S. of one year or longer without possessing a valid re-entry document in addition to your Green Card.

Question #5
If I am a Green Card holder and plan to be outside of the US for more than a year to care for my ailing mother, what should I do?

Answer #5
You should apply for a re-entry permit with the USCIS.

Question #6
If I lost my Green Card, how do I replace it? What are the costs?

Answer #6
You must file Form I-90, Application to Replace Permanent Resident Card with the USCIS. The USCIS filing fee is $365.00 plus biometrics $85.00, total of $450.00

Question #7
Once I get my H-1B transfer, is there any time restriction to join my new employer?

Answer #7
Pursuant to AC21, H-1B transferring employees are able to begin working with the new sponsoring employer upon submission of the case to the USCIS; however, the applicant may only begin working with the new employer if the LCA and I-129 cover the beginning date of employment.

Question #8
Is there a limit of how many times someone can transfer an H-1B Visa?

Answer #8
No, there is no limit of how many times someone may transfer their H-1B to a new employer.

Question #9
Can I change my status from an H-4 to an F-1? I am enrolling in college this Fall.

Answer #9
Yes, if you are eligible to change status from H4, dependent status to F1, student status.

Question #10
While we were staying in the US with my H-1 Visa, my wife had a baby boy. Do I need to get a Visa or a US Passport to travel with him out of the country?

Answer #10
If your baby boy was born in the United States, he is automatically a U.S. Citizen. Therefore, yes, you will need to apply for a U.S. Passport for your son in order to travel with him outside of the country.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, June 7, 2013!

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