Articles Posted in Q&A Forum

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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, August 22, 2025. 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 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.

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, August 8, 2025. 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. 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.

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, July 25, 2025. 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.    Will there be a second lottery drawing for the H-1B CAP?

Possibly. The deadline to file for H-1B CAP cases initially selected in March of 2025 was June 30, 2025. If there are still H-1B CAP visa numbers available, then a second random lottery selection process will take place.  It is likely to occur by end of July/early August 2025. There will be no announcement of the second random lottery selection process, the USCIS will automatically chose candidates at random and employers and attorneys will be notified in their USCIS portal. If there will not be a second lottery process, and the USCIS has received enough H-1B CAP petitions to satisfy the annual quota, then an announcement will be published by the USCIS indicating such around the same time frame as mentioned above.

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, July 11, 2025. 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 can I obtain a green card? Are there options outside of family sponsorship or employment sponsorship?

Yes, there are roughly seven (7) different ways to obtain a Green Card to become a lawful permanent resident and then eventually apply for U.S. Citizenship. They include: Family Based/Marriage Based Sponsorship;  Employment Based Sponsorship; Diversity Visa; Humanitarian Options – Asylee, Refugee, SIJS, T/U visas, VAWA; Investment Visa – EB5;  Registry (resided continuously in the U.S. since before January 1, 1972); Other Categories: Liberian Refugee Immigration Fairness (LRIF), Cuban Adjustment Act; Haitian Refugee Immigration Fairness Act (HRIFA) dependent; Lautenberg parolee; Indochinese Parole Adjustment Act of 2000; American Indian born in Canada.

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, June 27, 2025. 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. Can we still file a I-601A Hardship waiver?

Yes, you may still file Form I-601A, Application for Provisional Unlawful Presence Waiver. Applications for immigration benefits are still being filed with the United States Citizenship and Immigration Service (USCIS). It is recommended you contact an Immigration Attorney to discuss all of the risks involved in filing Form I-601A, and the process that follows if the I-601A is approved by the USCIS.

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