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 – Green Card
Is there a set period of time that I must live and work in the United States before I can apply for a Green Card?
Answer #1 – No. Employers may in fact sponsor applicants overseas for employment-based green card sponsorship.
Family members may also sponsor applicants overseas for family-based green card sponsorship.
In these cases, overseas applicants will receive a temporary LPR stamp at the Consular Interview allowing them to travel to the U.S. Once in the U.S. and the immigrant visa fee paid, the physical Green Card will be mailed to the applicant at the U.S. address as listed on the Consular Processing forms.
Question #2 – Family Based Green Card Sponsorship
If I applied for an I-130 outside of the US, do I have to come to the US for my interview appointment?
Answer #2 – If you filed from outside of the U.S., and are still presently outside of the U.S., then you would attend an interview at the Consulate/Embassy, not in the U.S.
Question #3 – H1B Nonimmigrant Work Visa
Can I go for H1B Visa Stamping without my original I-797 approval notice? I only have a copy and a bottom portion of the original.
Answer #3 – Yes. The I-797, Notice of Action clearly provides the following language: The Petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. The left part can be used in applying for the new visa.
If you would feel more at ease with the original, ask your employer about their policy in providing the original approval notice for H1B nonimmigrant visa stamping purposes ONLY.
Question #4 – Consular Processing
How does Consular Processing work?
Answer #4 – The USCIS website sufficiently explains how Consular Processing works.
Question #5 – Naturalization/Citizenship
I’d like to become a U.S. Citizen. For the past 7 years, I have been a Green Card holder and I have no criminal background. Is there somewhere where I can look to see what is involved in the process?
Answer #5 – Please check out the USCIS website, as they have a plethora of informational resources concerning Naturalization/Citizenship.
Question #6 – Conditional Permanent Residency
I would like to know when I can file for “removing conditions” on my Green Card? I’m married to a U.S. Citizen and my card is set to expire in end of Dec. 2016.
Answer #6 – You should be prepared to file to remove the conditions of your conditional permanent residency 90 days prior to the expiration of your conditional Green Card. According to the information you have provided, you should be preparing your Form I-751 for filing now.
Question #7 – Advance Parole (AP)
If my Advance Parole is about to expire and I don’t plan to travel outside of the US within the next year, do I have to renew it?
Answer #7 – No; however, it may be a good idea to renew it – just in case, as you never know when things may happen that require you to travel abroad with short notice.
Question #8 – Re-Entry Permits (Form I-131)
If I have a Green Card, do I need a re-entry permit to come back into the US?
Answer #8 – If you plan to travel outside the U.S. for more than 6 months to one (1) year at a time, then YES, you should apply for a re-entry permit prior to your departure. Biometrics are required for re-entry permits, so you will want to stay around and go for your biometrics appointment before you depart for your lengthy trip.
Question #9 – H1B Nonimmigrant Work Visa
My 6 year limit has expired on my H-1B visa. How long do I have to remain out of the US before I can apply again?
Answer #9 – You must remain outside of the United States for an entire year (one year) before you are eligible to apply for another H-1B nonimmigrant work visa.
Question #10 – Employment Authorization (EAD)
In April, I filed to renew my EAD and as of today, I have still not received an approval. My current EAD will expire the end of this month. What are my options?
Answer #10 – You are able to apply for a renewal of EAD 120 days prior to the expiration of your existing EAD. EAD processing generally takes 2-3 months. As it has only been about a month since you filed your EAD renewal request, you must continue to wait for your new EAD, unless you have sufficient documentation to support an expedite request with the USCIS. Please see the USCIS website for a list of expedite criteria.
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 13, 2018!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!