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Question #1 – Green Card
Does Green Card processing duration depends on the country of birth or country of nationality?
Answer #1 – Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.
Question #2 – Family Based Immigration
As a Lawful Permanent Resident, can I file an I-130 petition for my family members?
Answer #2 – It depends upon your relationship to that family member. As an LPR, you may only petition on behalf of your spouse, your children, and your unmarried sons and daughters (21 and older). An I-130, Immigrant Petition for Alien Relative will need to be filed for each qualifying family member.
Question#3 – Change of Address (Form AR-11)
My family and I are in the process of moving to a new home this summer. How do I notify the USCIS of this change? I have a pending I-485 for myself, my wife and child.
Answer #3 – To notify the USCIS of any address change for any pending cases, the process consists of two (2) steps:
Step1: File Form AR-11 (online OR by mail)
AND Step 2: Change your address on any pending or recently approved applications or petitions (online OR by phone at 1-800-375-5283)
Question #4 – General
My name was spelled incorrectly on my I-797 receipt notice for my I-129. Can I have it corrected and will it affect the approval process?
Answer #4 – Contact the USCIS at 1-800-375-5283 and initiate a Service Request to correct the typographical error, so that the approval notice is accurate.
Question #5 – L1 Intracompany Transferee Work Visa
How long can one stay in the US on an L-1A visa?
Answer#5 – If the L1A recipient is coming to open a new office in the U.S., the initial L1A visa will only be valid for a period of one (1) year. The recipient will then have to petition the USCIS for an extension of stay in L1A status. The max limit in L1A nonimmigrant visa status is seven (7) years.
Question #6 – Affidavit of Support
What is an Affidavit of Support?
Answer #6 – USCIS: An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently.
Question #7 – H-1B 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 #7 – The six year period begins to accrue when you first enter the U.S. on a valid H-1B nonimmigrant visa. Time is only counted towards the 6 year limit when you are physically present in the U.S., each time you go outside the U.S., the clock stops and you are no longer in H-1B nonimmigrant visa status until you return to the U.S.
Question #8 – Temporary Work Visa: H-2B
If I come on a seasonal work visa, can I stay in the U.S. until the next work season or do I need to return to the country of which I am a citizen and apply for another visa?
Answer #8 – You will need to return to the country of which you are a citizen and apply for another visa for the next work season if there remains a need for your services.
Question #9 – Marriage Based Green Card Sponsorship
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 #9 – 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 #10 – Unlawful Presence in USA
I cannot remember the specifics regarding unlawful presence towards the 3yr and 10yr bars, can you provide those time periods?
Answer #10 – If an applicant remains in the US unlawfully (without authorization) for more than 180 days they may be subject to the 3-year bar. If an applicant remains in the US unlawfully (without authorization) for more than 365 days (1 year), they may be subject to the 10-year bar.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, February 10, 2023!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!