H1B Visa Lawyer Blog
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Question #1 – 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 #1 – 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 #2 – H-1B Nonimmigrant Work Visa
What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for a visa?
Answer #2 – It depends. I’ve seen H1B approvals for the entire three (3) year period, and cases approved for only two (2) months. You should speak with an Immigration Attorney concerning your circumstances.
Question #3 – B-1 Temporary Business Visitor Visa
How long can someone stay in US on a Business Visa (B1/B2)?
Answer #3 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months.
Question #4 – B-1 Temporary Business Visitor
How long can someone stay in US on a Business Visa (B1/B2)?
Answer #4 – You may receive a Visitor Visa valid for 10 years; however, the maximum duration of stay in the United States on a B1/B2 visa is 6 months.
Question #5 – Consular Processing
How does Consular Processing work?
Answer #5 – The USCIS website sufficiently explains how Consular Processing works.
Question #6 – Employment Based Immigration
I have an approved I-140 in the EB-3 category. My new employer wants to file an application for me in the EB-2 category. Can I make the switch if I believe I am qualified?
Answer #6 – If the employer offers you the position, and you are able to satisfy the minimum education and experience requirements for the position, you should be able to make the switch and petition to recapture the earlier priority date at the I-140 stage.
Question #7 – Family Based Immigration
As a Lawful Permanent Resident, can I file an I-130 petition for my family members?
Answer #7 – 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 #8 – Conditional Permanent Residence
Are there any type of restrictions on a Conditional Green Card? Once I get my green card, can I travel out of the country?
Answer #8 – A conditional green card is only granted for a period of two years. Within 90 days of the expiration of the two year anniversary period, you must file to remove those conditions (Form I-751) with the USCIS, or risk losing conditional green card status and being deported. With a conditional green card, you may travel outside of the U.S.; however, you should limit your trips abroad to less than one (1) year to avoid any abandonment issues, unless you have applied for a re-entry permit.
Question #9 – L1 Intracompany Transferee Work Visa
How long can one stay in the US on an L-1A visa?
Answer #9 – 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#10 – Green Card
Can I change my employer once I receive my Green Card or is there a waiting period?
Answer #10 – Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers.
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 2, 2023!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!