H1B Visa Lawyer Blog
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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.
3 – What is administrative processing? Administrative processing means the case requires additional review outside of the normal visa processing times. The reason for a case being placed in administrative processing is not always clear, nor is a estimated time frame provided for resolution. Typical administrative processing takes 60 days or less to resolve. If a case has been in administrative processing for longer than 60 days, a follow up to the Consulate or a request for Congressional assistance may be in your best interest to reach a resolution in your case.
4 – 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.
5 – 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.
6 – 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.
7 – Can I sponsor my mother and father, I am a Green Card holder? No. Only U.S. Citizens may sponsor their mother and father.
8 – What happens to my visa when I resign my job at the new concurrent H-1B employer? You may continue working with your other H-1B employer, as long as the I-797 approval notice remains valid.
9 – Will my existing employer find out about this part-time job? Your employer will not be privy to the new part-time concurrent filing unless you notify them, or your job performance suffers as a result of additional 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.
10 – How can I get a green card? There are nine (9) ways in which to get a green card: (1) Family Based Sponsorship; (2) Employment Based Sponsorship; (3) Granted Asylum/Refugee status; (4) Special Immigrant; (5) Human Trafficking /Crime Victims; (6) Victims of Abuse; (7) Registry; (8) EB5 Investment; and (9) other special categories: LRIF; Diversity Visa; Cuban Adjustment Act; etc.
For more information visit: https://www.uscis.gov/green-card/green-card-eligibility-categories
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, April 12, 2024!
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