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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. I am a Citizen of the U.S. and I want to file for my wife’s immigration but I’m not exactly sure what forms and USCIS filing fees are required now after April 1, can you help direct me? As the spouse of a U.S citizen, your wife would appear to be eligible to file the I-130/I-485 concurrently. The forms required for the concurrent filing would be I-130, I-130A, I-485, I-765, I-131 and I-864. The filing fee for Form I-130 is $675 for paper based application, and $625 for online filing. The filing fee for Form I-485 is $1440.00, there is no online filing option. The filing fee for Form I-131 is $630, there is no online filing option. The filing fee for Form I-765 is $260 if paper based or online filing. Form I-864 has no filing fee. It would be advisable to have a consultation with an experienced Immigration Attorney to ensure there are  no foreseeable issues or complications in your wife’s filing.  https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf
  1. My H-1B registration wasn’t selected. What are my options? There may be several options available to you, you should schedule a consultation with an experienced Immigration Attorney to go through each of your options. First and foremost, the USCIS may conduct a 2nd random lottery selection process sometime in the summer if they do not receive enough filings from those selected in the initial registration process. If not selected in the lottery process, there are a plethora of other nonimmigrant visa options that may be available to you: H1B CAP Exempt sponsorship; TN visa; E3 visa; H-1B1 visa; O1A visa; L1A visa; L1B visa; F1 CPT, OPT, STEM OPT; and Employment Based Green Card Sponsorship. https://www.mvplawgroup.com/employment

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The Department of State has released its latest Visa Bulletin.

Click the link to view the May 2024 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

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 United States Citizenship and Immigration Services (USCIS) will be holding a national webinar, “Listening Session on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence“, Wednesday, April 10, 2024, between 1:00 pm to 2:00 pm (Eastern). This webinar/listening session is for stakeholders! USCIS states that they would like stakeholders to provide their feedback on immigration pathways for experts in Artificial Intelligence and other critical and emerging technologies. This session supports part of President Biden’s Executive Order on promoting the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.

Review the USCIS Upcoming National Engagements Web Page for more details: Listening Session on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence 

  
To Register for this webinar:  

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You can check USCIS (United States Citizenship and Immigration Services) processing times at any time online using the link below, it is on their web site. You will need to select your form number, next select the form category, and last select the office processing your case and they will display a processing time. USCIS has made processing times easier to understand and provides a more realistic date range. 

Check Case Processing Times 

The processing time range is how long it takes for USCIS to process your type of case from the date they received it. USCIS processes cases in the order they receive them, and they normally update this information monthly. The estimated time range displayed is based on data captured over the last two months. 

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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, April 12, 2024. Act now and submit your questions!

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UPDATE: Explore American Immigration Council’ interactive map to get more comprehensive information on U.S. immigration data and its impact! 

The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Oklahoma, Oregon and Pennsylvania!

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Review the USCIS Forms Updates web page for important updates! Many of the USCIS forms were updated on April 1st because of the USCIS fee schedule changes which went into effect on the same date. There are more then 70 update notices on their webpage for April 1st!

The Forms Updates web page lists their most recently updated forms. The list includes forms as they publish them and includes a brief explanation for the update.

Important Links:

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This new USCIS Fact Sheet includes historical national median (mid-point) processing times data in chart and graphic forms. This data was collected from all USCIS offices from the listed forms from Fiscal Year (FY) 2016 through 2024. Use this link to review this Fact Sheet for more details, “Historical Processing Times Trends Fiscal Year 2016 – 2024 (PDF)”. 

 
Source of Information: 

USCIS (USCIS.gov), USCIS Data as of 03/05/2024, Fact Sheet: 

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U.S. Citizenship and Immigration Services (USCIS) Fee Schedule has changed as of April 1st. These are the fees that USCIS charges applicants to file and they use them to operate, 96% of their budget comes from these charged fees. USCIS says they are trying to avoid future backlogs in service by aligning the new fees with their operating costs. 

Important Reminders: 

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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 – How does the USCIS know it is a concurrent filing? Form I-129 allows you to check the proper box to classify the filing. The Labor Condition Application (LCA) filed with the Department of Labor also allows you to check the proper box to classify the filing. 

2 – If I file Form I-485 from the United States and leave the country as a visitor, can I come back? If you filed Form I-131, Application for Travel Document, requesting an Advance Parole document with your AOS (Form I-485), then you will need to wait for the Advance Parole document to be issued before you can leave the United States. Otherwise, leaving without an Advance Parole or a valid dual intent nonimmigrant visa will result in your I-485 being denied for abandonment, among other issues. 

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