MVP “Immigration Q & A Forum” – 4/12/24

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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.
  1. 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 2nd 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.
  1. I am on an H-1B nonimmigrant visa, and I just very recently married my U.S. Citizen spouse. With the hefty new filing fees, it is necessary for me to file for the I-131 and I-765 at the same time as my I-130 and I-485 forms? It is not necessary for you to file the I-131 (Advance Parole) document immediately because as an H-1B nonimmigrant, you have dual intent with the ability to travel abroad as long as you have valid H-1B visa stamping. It is also not necessary for you to file the I-765 (Employment Authorization) document immediately because you already have the ability to work as an H-1B nonimmigrant; however, you are only allowed to work for your H-1B sponsoring employer. As long as you have the I-485 receipt notice, you will be able to file the I-131 and I-765 at a later date as long as the I-485 remains pending. When you file the I-131 and I-765 at a later time, you will need to pay the USCIS filing fee of $630 for the I-131, and $260 for the I-765.
  1. I have a pending I-485 that was filed a few years ago. With the new filing fees for Form I-131 and Form I-765, am I now required to pay them? No, if you paid the USCIS filing fee for Form I-485 prior to April 1, 2024, then you will not be required to pay the new filing fees for Form I-131 and I-765 when filing for a renewal of Advance Parole or Employment Authorization.
  1. What are the new fees for Form I-129? The USCIS filing fee for Form I-129 increased from $460.00 to $780.00 for a paper filing; $730.00 for an online filing. Small employers (25 or less employees) and non-profit organizations are able to continue to pay only $460.00 for Form I-129. An Asylum Program Fee of $600.00 is required for any new I-129 filed after April 1, 2024. Small employers (25 or less employees) are able to pay ½ that fee, $300.00, and non-profit employers do not have to pay the Asylum Program Fund fee. The Fraud fee, the fee required for Form I-129DC, and the Public Law 114-113 filing fees remain unchanged and are still applicable.
  1. How long is it taking to get a prevailing wage determination for an employment based green card case back from the Department of LaborRoughly 209+ days and we do not foresee that waiting period decreasing any time soon.
  1. How many days do I have to find a new employer? I’ve been laid off and I need to find another H-1B sponsor, I do not want to go home. You have a grace period of 60 days from the date of termination to find a new H-1B sponsor and have them submit an H-1B petition on your behalf. It may be helpful to schedule a consultation with an experienced immigration attorney so that you can be fully aware of your options if your prior employer’s immigration counsel did not advise you.
  1. I went for H-1B visa stamping and after my interview, I was given a 221g letter and eventually after a few months, denied. What happens next? Can I go for another interview? Your H-1B petition will likely be returned by the Consulate to the USCIS. The USCIS will then review the Consulate’s report of your interview, along with the petition that was filed. The USCIS will either reaffirm the approval, or issue a Notice of Intent to Revoke. If reaffirmed, you will be able to go for another interview. If a Notice of Intent to Revoke is issued, your employer will need to respond and based on the response, the USCIS will either reaffirm the original approval or revoke the case. If reaffirmed after responding to the Notice of Intent to Revoke, you will be able to go for another interview. If the case is revoked, the case is withdrawn/closed.
  1. Can I file the I-129 (H-1B) and I-539 (H4) concurrently online? What are the fees for the H4? You cannot file the I-129 and I-539 concurrently online. You can file the I-129 online and once you receive the receipt, file the I-539 online but you cannot file them simultaneously like you can a paper-based filing. Form I-539 includes a USCIS filing fee of $420.00 if filed online, or $470.00 if paper based.
  1. I saw the announcement about the medical examination form being valid indefinitely. My medical examination was filed with my I-485 back in 2020. Based on this announcement, I won’t need to get a new medical examination, right? You will need a new medical examination once your priority date becomes current and a visa number is available for you. The announcement that was made indicates that medical examinations that were properly completed and signed by a civil surgeon on or after November 1, 2023 will not expire and can be used indefinitely to show that you are not inadmissible on health-related grounds.


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 22, 2024!

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


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