H1B Visa Lawyer Blog
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Question #1 – 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?
Answer #1 – It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters where 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 #2 – Green Card
Can I change my employer once I receive my Green Card or is there a waiting period?
Answer #2 – Our recommendation is that you wait at least six (6) months after receiving your green card before changing employers.
Question #3 – B-1 Temporary Business Visitor
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 – H-1B Nonimmigrant Visa
What is the minimum time-period for which an H-1B 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 #4 – It depends. I have seen H-1B 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 #5 – Family Based Immigration
As a Lawful Permanent Resident, can I file an I-130 petition for my family members?
Answer #5 – 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 #6 – L-1 Visa – Intracompany Transferee
How long can one stay in the US on an L-1A visa?
Answer #6 – If the L-1A recipient is coming to open a new office in the U.S., the initial L-1A 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 L-1A status. The max limit in L-1A nonimmigrant visa status is seven (7) years.
Question #7 – 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 #7 – If the employer offers you the position, and you can 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 #8 – Green Card
Does Green Card processing duration depends on the country of birth or country of nationality?
Answer #8 – 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 #9 – Visa Process
Will an expunged felony affect my Visa Process?
Answer #9 – Although the conviction has been expunged by a federal, state, or foreign court, it does not necessarily mean that the conviction has been expunged for immigration purposes. It is our recommendation that you contact our office to discuss your situation.
Question #10 – Consular Processing
How does Consular Processing work?
Answer #10 – The USCIS website sufficiently explains how Consular Processing works.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, March 5, 2021!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!