Q&A Forum

September 19, 2025

MVP “Immigration Q & A Forum” – 9/19/25

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.

Would you be able to tell me what the priority date is for an Employment Based applicant who filed in EB3 from India is for next month? I believe the Visa Bulletin for October 2025 was published this week and the internet has a lot of conflicting information.

Yes, the October 2025 Visa Bulletin was published on Monday, September 15, 2025. As October 1^st begins a new Fiscal Year, the United States Citizenship and Immigration Service (USCIS) has published notice that eligible applicants are to follow the Dates for Filing Chart for Employment Based visa applications. As a result, eligible applicants from India who have filed under the Employment Based 3^rd preference category are eligible to file their I-485, Application to Register Permanent Residence or Adjust Status with the USCIS if their priority date falls on or before August 15, 2014. The window to file is not until October 1^st, 2025. Do not file the I-485 application until October 1^st, 2025. Our firm would recommend that you file early within the month of October as it is not guaranteed the USCIS will publish notice to once again follow the Dates for Filing Chart for the November 2025 Visa Bulletin.

September 15, 2025

MVP “Immigration Q & A Forum” – This Friday, September 19, 2025

by Kellie N. Lego

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, September 19, 2025. Act now and submit your questions!

September 5, 2025

MVP “Immigration Q & A Forum” – 9/5/25

by Kellie N. Lego

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.

What are the average processing times for prevailing wages from the Department of Labor (DOL)? As of 09/01/2025 (the last update on the DOL website), they are currently issuing final prevailing wage determinations for initial prevailing wage requests submitted in May 2025.

What are the current processing times for the Labor Certification Application from Department of Labor (DOL)? As of 09/01/2025 (the last update on the DOL website), they are currently issuing certified Labor Applications for initial Form ETA 9089 filed on or before June 2024.

September 2, 2025

MVP “Immigration Q & A Forum” – This Friday, September 5, 2025

by Kellie N. Lego

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, September 5, 2025. Act now and submit your questions!

August 22, 2025

MVP “Immigration Q & A Forum” – 8/22/25

by Kellie N. Lego

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. As a business owner, should I conduct an internal audit of my I-9 forms to be prepared in case of a formal audit by Immigration & Customs Enforcement (ICE)?

Yes, you should conduct an internal audit of your company’s I-9 forms to be prepared in case of a formal audit by ICE or HSI (Homeland Security Investigations). In this environment, the best defense is a good offense (it is better to be proactive and prepared). Our law firm routinely conducts internal Form I-9 Audits for our clients. If you are interested in discussing the I-9 audit process, please contact our office.

August 18, 2025

MVP “Immigration Q & A Forum” – This Friday, August 22, 2025

by Kellie N. Lego

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, August 22, 2025. Act now and submit your questions!

August 8, 2025

MVP “Immigration Q & A Forum” – 8/8/25

by Kellie N. Lego

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.

I just noticed that my wife’s I-94 record shows that her H4 expired two months back. I had no idea. I’d like to do whatever is necessary to put my wife back in a valid status. What can be done?

You will first need to determine why the I-94 expired, was it based on her passport expiry or the actual expiration date listed on her I-797, I-539 approval notice, or as stamped on her H4 visa? If it was a mistake and she should have been given a date to match your H-1B, then you may be able to resolve the matter directly with Customs and Border Protection (CBP) at a local international airport. However, if the expiration date is not a mistake, then your wife can immediately leave the United States, and re-enter and produce her new passport, and documentation to establish a lawful nonimmigrant visa status upon re-entry. Or, depending upon the circumstances of the overstay, file a Nun Pro Tunc H4 extension of status petition with the USCIS, essentially requesting the government to forgive/excuse and treat the H4 extension as timely filed. It is highly recommended that you speak with an experienced Immigration Attorney to evaluate your options before proceeding on your own to rectify the situation.

August 4, 2025

MVP “Immigration Q & A Forum” – This Friday, August 8, 2025

by Kellie N. Lego

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, August 8, 2025. Act now and submit your questions!

July 25, 2025

MVP “Immigration Q & A Forum” – 7/25/25

by Kellie N. Lego

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.

Can you request an extension once a company is served with a Notice of Inspection (NOI) of the company’s I-9 Forms?

It is possible; however, whether the request is granted depends upon the particular circumstances surrounding the request. A company generally has three (3) business days once served in order to produce the company’s I-9 Forms for its employees. If there is good cause (i.e., a legitimate reason) and it is communicated to the investigator timely, an extension may be possible.

July 21, 2025

MVP “Immigration Q & A Forum” – This Friday, July 25, 2025

by Kellie N. Lego

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, July 25, 2025. Act now and submit your questions!