Articles Posted in Q&A Forum

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 was not selected in the H-1B CAP lottery process. Am I eligible for the TN visa? 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 2^nd 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.

The TN visa is reserved exclusively for nationals of Canada and Mexico. Only certain professions are eligible, the profession must be listed in the regulations, and you must possess the qualifications necessary to practice in the profession. You must also have a pre-arranged full-time or part-time job lined up with a U.S. employer. The visa is valid for up to 3 years at a time.

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 26, 2024. Act now and submit your questions!

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

2. 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 2^nd 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

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!

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. 

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 29, 2024. Act now and submit your questions!

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). 

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!

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.

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!