Articles Posted in Q&A Forum

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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 – If an employee leaves prior to the end of their contract on H-1B, can we recoup the expenses we paid to sponsor them for the H-1B, like the USCIS filing fees and legal fees? H-1B employees may not be subjected to penalties for leaving the sponsoring employer. Employers may not recover their normal business expenses from an H-1B employee. The Department of Labor’s regulations explicitly prohibit an employer’s recovery of some of the H-1B petition-related filing fees: $460.00; $500.00; $750.00 or $1500.00; along with legal fees paid to an Attorney to prepare and file the case with the USCIS. An employer may recover the filing fees paid for any H4 dependent filing fees and legal fees associated with the H4 filing. 

  
2 – What happens to my H-1B employee if I terminate them prior to the end of their validity period? The H-1B employee will have a period of 60 days, a grace period, in which to find another employer willing to sponsor their H-1B (i.e., an H-1B transfer), or they may change status to another status (if eligible), or they may decide to leave the United States. If they decide to leave the United States, then you as employer are responsible for covering their reasonable expenses associated with the trip home (i.e. covering airfare). 

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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, March 15, 2024. Act now and submit your questions!

Avvo - Rate your Lawyer. Get Free Legal Advice.
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 – Is USCIS raising their filing fees for certain forms? Yes, effective April 1, 2024, nearly all USCIS filing fees for certain Forms will change. https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule The USCIS has not increased their filing fees since 2016. Generally, there is a $50 discount for those who choose to file their cases online compared to those paper-based filings.

2 -What is the new fee for Form I-539? Filing fees for Form I-539 are currently $370.00, or $455.00 if biometrics are required. Filing Form I-539 online (with/without biometrics) will increase to $420.00 as of 04/01/2024. Filing a paper-based Form I-539 will increase to $470.00 as of 04/01/2024.

Avvo - Rate your Lawyer. Get Free Legal Advice.
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, March 1, 2024. Act now and submit your questions!

Avvo - Rate your Lawyer. Get Free Legal Advice.
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.When will the Registration period open for the H-1B CAP for FY2025? March 6, 2024 at noon (est.) and it will close on March 22, 2024 at noon (est.).

2. Who may submit an H-1B CAP registration? A U.S. employer (Petitioner) and their Representatives (Attorney). 

Avvo - Rate your Lawyer. Get Free Legal Advice.
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, February 16, 2024. Act now and submit your questions!

Avvo - Rate your Lawyer. Get Free Legal Advice.
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 would like to work part time 2-4 Saturdays or any off days during the week, is that possible on a concurrent visa? Yes, it is possible to work part time for a another H-1B employer through the filing of a concurrent H-1B petition. The part-time concurrent H-1B filing would need to be filed PRIOR to you starting the part-time employment. In order to ensure that you can successfully maintain your existing employment and the part-time concurrent employment, it is advisable that you schedule a consultation with an Immigration Lawyer at MVP Law Group.
  1. What are hourly restrictions on this part-time job, I work full time 36-40 hours a week. There are no specific hourly restrictions on the part-time job other than it must be under 35 hours per week to be considered part-time. The Department of Labor provides the following, “the employer is required to pay the hourly wage to the worker for the part-time hours specified each week. If the I-129 specifies a range of hours for part-time employment, the employer is required to pay the worker at least the average number of hours normally worked, provided the average is within the range indicated. The worker should not be paid for fewer than the minimum number of hours indicated for the range of part-time employment.” https://www.dol.gov/agencies/whd/fact-sheets/68-h1b-fulltime-employee In order to ensure that you can successfully maintain your existing employment and the part-time concurrent employment, it is advisable that you schedule a consultation with an Immigration Lawyer at MVP Law Group.

Avvo - Rate your Lawyer. Get Free Legal Advice.
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, February 2, 2024. Act now and submit your questions!

Avvo - Rate your Lawyer. Get Free Legal Advice.
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 long does it take to receive the PERM certification once the Labor is filed? According to the Department of Labor website, it is currently taking approximately 12 months to receive PERM certification once the Labor is submitted. https://flag.dol.gov/processingtimes

2) What is the USCIS filing fee for an asylum application? There is no filing fee to file Form I-589, Application for Asylum and for Withholding of Removal with the USCIS.

Avvo - Rate your Lawyer. Get Free Legal Advice.
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, January 19, 2024. Act now and submit your questions!

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