Articles Posted in Q&A Forum

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.

1) Who is an H-1B CAP Exempt employer?

• 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.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, November 8, 2024. Act now and submit your questions!

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.

1. What is an L1A nonimmigrant visa and how long is an L1A visa granted for?

An L1A is an Intra-Company Transferee visa that allows companies operating both in the United States and abroad to transfer certain types of employees from its overseas office to the U.S. office. The L1A is a temporary nonimmigrant work visa. The L1A nonimmigrant visa is reserved for Executives and Managers. An applicant must be able to establish that they have worked for the non-U.S. company for at least one (1) full year within the last three (3) years as an executive or manager. The initial validity period for an L1A nonimmigrant visa is three (3) years, unless it is a new office being opened in the U.S., then it would only be granted for a period of one (1) year. The L1A nonimmigrant visa may be extended in two (2) year increments until the applicant reaches 7 years in L1A nonimmigrant visa status. If you have additional questions, contact our office to schedule a consultation.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 25, 2024. Act now and submit your questions!

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.

1. Is the filing fee for an Advance Parole document the same as the filing fee for a Re-Entry permit? Yes, Form I-131 requires a USCIS filing fee of $630.00 whether you are filing to request Advance Parole, or a Re-Entry permit.
2. How do I find out what documents the Consulate will need for my mother’s case? I am assuming you are referring to Consular Processing for your mother’s Immigrant visa once her I-130 is approved. You can find particular country requirements for civil supporting documents by visiting https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html and selecting the specific country from the A-Z list on the left hand side of the screen. Once you choose a country, you can scroll down and see the country’s requirements for: Birth, Death and Burial Certificates; Marriage, Divorce Certificates; Adoption Certificates; Identity Card; Police, Court, Prison Records; Military Records; etc.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 11, 2024. Act now and submit your questions!

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.

1. What is the purpose of this Parole in Place if there is already an established path to a Green Card for undocumented Spouses of U.S. Citizens? There is a path, but that path is inherently risky and lengthy. Spouses of U.S. citizens are considered ‘immediate relatives’ of U.S. citizens and as such are generally eligible for an immigrant visa to obtain a green card/become a lawful permanent resident. Spouses of U.S. citizens who did not enter the country with permission (meaning they did not have a lawful admission, they were not inspected, admitted or paroled) they entered without inspection (EWI) and as a result have a much more difficult path to take to obtain a green card/become a lawful permanent resident. Because they have not been ‘inspected and admitted’ or ‘inspected and paroled’ they cannot apply to adjust status from within the United States. They are required to depart the country and attend an immigrant visa interview at a Consulate or Embassy abroad. However, once they leave to go to the Consulate, they often trigger either the 3 or the 10-year bar on legally re-entering and would be prevented from returning to the U.S. for up to 10 years for those who were unlawfully present in the U.S. for more than 1 year. Spouses of U.S. citizens who fall into this category may apply for a waiver called a Form I-601A Wavier, Application for Provisional Unlawful Presence Waiver that will forgive the ‘unlawful presence’ if approved. They must be able to establish through a totality of the circumstances that their U.S. citizen spouse would suffer ‘extreme hardship’ if the two were separated for a long time. Spouses apply for this provisional waiver BEFORE leaving the United States because approval of the wavier is not guaranteed and leaving without it is entirely too risky. Moreover, the USCIS is currently taking over 41 months to adjudicate these I-601A waivers. If the I-601A Waiver is approved, the Spouse of the U.S. Citizen would then need to make arrangements abroad to appear at the Consulate or Embassy for their immigrant visa interview, and if successful, would return to the U.S. as a lawful permanent resident/green card holder. 

In other words, Spouses of U.S. citizens that entered the U.S. unlawfully and remained here are not eligible to apply for adjustment of status because they have not been ‘inspected and admitted’ or ‘inspected and paroled’. They would need to make plans to depart the U.S. and appear at a Consulate abroad for the Immigrant Visa interview. Leaving the U.S. without an approved I-601A provisional waiver would subject the Spouse of the U.S. citizen to a 3- or 10-year bar from returning to the United States.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 27, 2024. Act now and submit your questions!

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.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 13, 2024. Act now and submit your questions!