MVP LAW GROUP – Immigration Q&A Forum, Friday, February 1, 2013

Posted On: February 1, 2013

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 – H-1B Nonimmigrant Visa
I am an employer. When should we begin to prepare our H-1B CAP subject cases? Once prepared, can we submit them prior to April to ensure our petitions are accepted?

Answer #1
MVP Law Group has already begun accepting and working on H1B cap-subject cases. The U.S. Citizenship and Immigration Services (USCIS) will start accepting H1B cap-subject filings for Fiscal Year 2014 (FY14) on Monday, April 1, 2013. We are advising employers and individuals who are in need of H1B cap-subject filings that it is time to start preparing for the H1B cap.

The cap filings may be filed as of April 1, 2013, NOT BEFORE. It is vital to file on the first day. Last year, FY13, the H-1B CAP was reached by June 12, 2012.


Question #2 – L1 Nonimmigrant Visa
How long does it take to get an L1?

Answer #2
Current processing times indicate a period of 1 month if the application is filed with the California Service Center or the Vermont Service Center.


Question #3 – Employment Based Immigration – Green Card
I would like to know more about moving my application from EB3 to EB2 status.

Answer #3
Please contact an experienced Immigration Attorney to learn more.


Question #4 – Employment Based Immigration – Green Card
My employer appealed my labor application to BALCA. My employer just received notice that my appeal has been docketed by BALCA. When can I expect a decision?

Answer #4
According to the United States Department of Labor website, it is taking up to two (2) years for a case to be reviewed by BALCA from the date of filing the appeal.


Question #5 – L1 Nonimmigrant Visa
Can spouses and children of L1 visa-holders work in the USA?

Answer #5
Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization. Children may attend school.


Question #6 – Family Based Immigration – Green Card
My father is a U.S. Citizen and agreed that he would sponsor my GC. He currently makes roughly $21k annually. Can he sponsor me for my GC?

Answer #6
To qualify as a sponsor, he must demonstrate that his income is at least 125 percent of the current Federal poverty guideline for his household size. Please refer to the Federal Poverty Guidelines to determine if he could be the primary sponsor for your family based GC application.


Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B work, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

Answer #7
Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours + per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.


Question #8 – Dependent H4 Nonimmigrant Visa
Will my spouse automatically be shifted from F2 to H4 once I receive my approved H1B or do I need to process her case separately?

Answer #8
In this situation, your spouse’s status will not automatically be converted to H4 status, she must file a Form I-539 (Application to Extend/Change Nonimmigrant Status) requesting a change of status from F2 to H4. Her case can be processed separately or it can be prepared and filed along with your H-1B visa petition. If you have already filed your H-1B petition, you will have to file her I-539 (H4) petition separately.


Question #9 – Employment Based Immigration – Green Card
My husband and daughter have received their Green Cards but I didn’t get mine. I filed for our green cards through my employer. Is there a problem with my case?

Answer #9
Based on the information provided, it seems like there may be an issue with the production/issuance/mailing of your Green Card. Your husband and daughter would not have received their Green Cards if there was a pending issue with your case. From the information you provided, you are the primary applicant and your husband and daughter are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 60 days from the date your husband and daughter received their GCs by calling the National Customer Service Center at 1-800-375-5283.


Question #10 – H-1B Nonimmigrant Visa
Can an employee pay any of the costs associated with obtaining an H-1B visa? Or can the employee reimburse the employer for these costs?

Answer #10
An Employer is responsible for the legal fees and USCIS filing fees associated with the H-1B nonimmigrant visa. The Employer is responsible for the legal fees and the $325.00 fee associated with Form I-129; the $500.00 one-time fraud fee; the $750.00 or $1500.00 fee associated with the Form I-129DC; as well as the $2000.00 Public Law fee, if applicable. The only USCIS filing fee that may be paid by the employee is the premium processing fee of $1225.00.

The Employee may not pay for the associated costs listed above, except for the premium processing fee of $1225. However, if an H4 petition is filed, the employee may pay the costs associated with the H4 legal fee and H4 USCIS filing fee.


MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, February 15, 2013!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!