Tips on How To Handle Expiring Temporary Visas and Permanent Resident Cards

H1B-Green Card

This blog post answers two frequently asked questions about the following:

  • Renewing Your Green Card Set To Expire When Taking The Next Step To Naturalize; and
  • How To Juggle A Pending H-1B Work Visa When Your Work Authorization Through OPT Is Expiring And You Need To Keep Working.

QUESTION 1: My U.S. Immigration Green Card is about to expire and I would like to apply for Naturalization. Is it ok to skip the Green card renewal process and just apply for Naturalization to save time and money?

It’s important to note that although unconditional U.S. Permanent resident status requires a card renewal every 10 years, the U.S. Permanent resident’s status does not expire.  Regardless, an N-400 application to naturalize is often rejected when the Permanent Resident Card is expired.

Therefore, we recommend to all our clients that 90 days before expiration of their U.S. Permanent Resident status an application to renew their Green Card is promptly filed with U.S. Citizenship & Immigration Services (USCIS).  The N-400 may also be filed concurrently if necessary, but your immigration legal counsel should review your case before filing both together.

QUESTION 2: I am currently waiting for my H-1B visa to be processed by USCIS, and current premium processing is not available;  May I continue work for my U.S. employer while my visa is pending?

An F-1 student working in Optical Training Status (“OPT”) needs to be very careful.  If an F-1 student’s visa has been selected for a visa number and is pending, a U.S. Federal Regulation called the ‘cap gap’ may permit the student to continue working on an expired OPT employment authorization card.  However, the I-20 should be marked by the school’s Designated Student Office (“DSO) as “recommended for Cap Gap” and the employee and U.S. employer must maintain the expired OPT card on file as proof of legal work status.

The student-employee should consult with U.S. Immigration counsel to ensure cap gap eligibility before remaining in the United States and working on a pending H-1B visa application.

Our firm handles Optical Practical Training, OPT, Work authorization, Motions to Reopen, Motions to Reconsider, Appeals, Student visa, F-1, Complications with Designated Student Officer, I-20 H-1B, O, L-1A and E visas, Consular Processing, Deferred Inspections, Work visas, EB-1, EB-2, and Eb-3 employment based work visas. Adjustment of Status, I-140, I-485 and I-539 Change of Status and Extension of status.

Our attorneys are members of the American Immigration Lawyers’ Association (“AILA”), and have 20 years of experience in U.S. Immigration matters. We are standing by to answer questions. We serve clients through the United States and abroad.

Our offices are located in Washington D.C, Virginia and Maryland. You may email info@vasselllaw.com or visit www.vasselllaw.com. (Phone and Video Consultations Available upon Request).

 

Without These 3 Key RFE principles Your U.S. Work Visa Application Process May Be Doomed to Fail

Approved Work Visa

The current climate of Work and Employment visa applications (temporary or permanent) in the United States is “RFE heavy”.  RFE stands for a “Request for Additional Evidence”. The Department of Homeland Security (“DHS”) initial review of a foreign national’s application for a work, investment or employment visa, usually results in an RFE being issued by the adjudicating U.S. immigration officer seeking stronger evidence in certain areas of the application process.  Understanding that an RFE is most likely unavoidable, you and your U.S. Immigration attorney must be willing to embrace the following principles in order to succeed and navigate the U.S. work and business visa application process. Below are a few key principals that increase the chances of success in being granted work or business visa status in the United States:

Principles to successfully Respond to RFEs:

  • The Department of Homeland Security (“DHS”) is permitted and exercises its right to issue RFEs despite the best compliance efforts by applicant through Counsel in the preparation of an H-1B, L, E or O visa, to name a few.
  • RFE trends should be documented, reviewed and studied by applicants and their U.S. Immigration lawyer in order to prepare an application that may preempt lengthy and expensive responses to RFEs.
  • It is important for Immigration legal counsel to discuss, in advance of preparation and application submission to the government, a plan and time-line to address RFE’s issued by the U.S. government. This reduces frustration and ensures a response to an RFE is not delayed or result in abandonment of the entire process.

The standard time to respond to an RFE by law is 87 days or less. Applicants and U.S. employers, through his or her lawyer, require the maximum time allowed to prepare and gather additional information such as expert opinions, reports and conduct additional qualitative analysis.

DHS’s Request for Additional Evidence, if handled properly, are a great tool to use to understand what the USCIS or DHS adjudicator requires in order to approve your specific and unique case.

Our attorneys are members of the (“AILA”) and have 20 years of experience in U.S. Immigration matters. We are standing by to answer questions. We serve clients through the United States and abroad.

Our offices are located in Washington D.C, Virginia and Maryland. You may email info@vasselllaw.com or visit www.vasselllaw.com. (Phone and Video Consultations Available upon Request).