MVP “Immigration Q & A Forum” – 1/5/24

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  1. What is a crime of moral turpitude? A crime involving moral turpitude has been defined as a depraved or immoral act, or a violation of the basic duties owed to fellow man, or as a “reprehensible act” with a mens rea of at least recklessness. Matter of Silva-Trevino, 24 I&N Dec. 687 (AG 2008). 

Examples of CIMT’s include: Murder; Domestic violence; Sexual abuse; Child abuse; Kidnapping; Rape; Incest; Certain Drug-related crimes; Robbery; Theft; Fraud;  Accessory to a crime of moral turpitude; Arson; etc.

  1. Can I file a concurrent H-1B petition to work with another employer? Yes, if you have an offer for employment in a Specialty Occupation from a U.S. employer willing to sponsor you. The concurrent filing would be in addition to your current H-1B and would likely be for part-time employment. The concurrent H-1B petition would need to be filed with the USCIS prior to you starting work with the additional U.S. employer.
  1. How long do I have to wait to file for US Citizenship if I married a US Citizen? Assuming you are a lawful permanent resident/green card holder and have been for at least 3 years in the United States, still living with and married to your U.S. citizen spouse in the United States, then you may file for Naturalization after 3 years as an LPR/GC holder. 
  1. Can I sponsor my mother and father, I am a Green Card holder? No. Only U.S. Citizens may sponsor their mother and father.
  1. Is the priority date current for EB3 preference workers from Bangladesh? No, it is not. Per the January 2024 Visa Bulletin, the Department of State is currently issuing Green Cards (Final Action Dates) under the All Chargeability Areas to Foreign Nationals with priority dates falling on or before 08/01/2022. The Dates for Filing Chart reflects a priority date of 02/01/2023.
  1. 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.
  1. When does the CAP open for new H-1B cases? The H1B CAP Registration period for FY2025, with employment to begin as of October 1, 2024, will open the first week in March 2024.
  1. How long is it taking to get a final prevailing wage determination from the DOL? On average, 206+ days to receive a final prevailing wage determination back from the DOL after submission.
  1. How long is it taking to get a Labor Certified by the DOL? On average, 12+ months to receive a Certified Labor from the DOL after submission. If the Labor is audited, you can expect another 4-8 months.
  1. I heard the premium processing fee with USCIS is increasing but can’t find it listed anywhere. It is increasing? Yes it is. When is it increasing? Effective February 26, 2024. How much is it going to be? For H1B filings, from $2,500.00 to $2,805.00; For I-140 filings, from $2500.00 to $2,805.00; For I-539 filings from $1,750.00 to $1,965.00; For I-765 (certain F1 filings only) from $1500.00 to $1,685.00.

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MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, January 19, 2024!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!


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