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Question #1 – Student Visa (F1)
I am currently on an F1 Visa. I am planning to get married in early January 2018. Can I bring my wife to the US on a dependent visa while I am on F1 Visa status?
Answer #1 – The F2 is reserved for the spouse and children of the F1 visa holder. It depends upon a majority of factors – time remaining, sufficient funds to provide for you and your spouse, proof of intent to return to your home country, etc.
Question #2 – 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 #2 – 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 #3 – 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 #3 – 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.
Question #4 – 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 #4 – 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 #5 – Prevailing Wage
How do you determine a Prevailing Wage for a position?
Answer #5 – 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 #6 – 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 #6 – 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 #7 – 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 #7 – 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.
Question #8 – H-1B Nonimmigrant Work Visa
What is the difference between having H-1B status and having an H-1B visa?
Answer #8 – H-1B status generally refers to your legal status while in the United States, as the moment you exit the U.S., you are no longer considered in H-1B status. An H-1B visa is a stamp that you receive in your passport when a Consular Officer approves your H-1B petition at a U.S. Consulate overseas. The valid H-1B visa stamp allows you to enter the U.S. as an H-1B nonimmigrant in H-1B visa status.
Question #9 – Green Card
If my permanent residence card has expired, do I need a visa? Or is it possible to renew my permanent residence?
Answer #9 – 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 #10 – 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 #10 – 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.
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 30, 2023!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!