H1B Visa Lawyer Blog
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 was terminated by my employer last week. This week I found a new job and the company is willing to transfer my H-1b visa to their company. When can I start working with the new employer, they are ready for me to start next Monday?
You should not be working during your grace period for anyone. Your new employer must file an H-1B transfer/extension petition on your behalf with USCIS before you are able to begin working for a new employer.
- Is there a minimum/maximum requirement for the Investment in a Commercial Enterprise for the E2 Treaty Investor visa category?
There is no statutory minimum/maximum requirement. Your investment must be substantial and at risk in the commercial sense. You must ensure that your investment in the business is not marginal.
- Will there be a second lottery drawing for the H-1B CAP?
The deadline to file for H-1B CAP cases initially selected in March of 2026 is June 30, 2026. 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 2026. There will be no announcement of the second random lottery selection process, the USCIS will automatically choose candidates, and employers and attorneys will be notified in their USCIS portal. If there is not 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.
- My spouse is eligible to file an I-601A Waiver with USCIS. Can we still file I-601A Hardship waivers with USCIS?
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 the risks involved in filing Form I-601A, and the process that follows if the I-601A is approved by USCIS. Current processing times for Form I-601A show that 80% of cases are completed within 39 months. Form I-601A carries a USCIS filing fee of $795.00.
- I lost my green card. How long does it take to get a new one and how much will it cost?
Current processing times for Form I-90 show that 80% of cases are completed within 7.5 months. If you file through your USCIS account, it will cost $415.00. If you prepare and submit Form I-90 to USCIS by mail it will cost $465.00.
- As an I-864 Sponsor, am I required to update my address with USCIS if I move?
Yes, you will need to file Form I-865 with the USCIS.
- I was not chosen in the lottery process for FY2027 with H-1B employment to start on October 1, 2026. My current OPT EAD expires on July 7,2026. I graduated with a master’s degree in computer science. Do I have any options to stay here?
Generally, a U.S. degree in Computer Science would be classified as a STEM degree. You should consult your Designated School Official (DSO) and carefully review your I-20 form against the ICE STEM Degree Field list to determine if you are eligible for a STEM OPT. A STEM OPT would provide an additional 24 months of work authorization allowing you additional opportunities to submit a registration under the H-1B CAP registration process. To qualify for STEM OPT, your employer would need to be enrolled in E-Verify and willing to enter into a Training Agreement with you.
- My employer is filing my H-1B extension and has requested my I-94 record. I haven’t left the country for several years. I know it is no longer a paper-based record, but where do I find it?
You may visit https://i94.cbp.dhs.gov/home and click on the option to Get most recent I-94.
- What are the current processing times for prevailing wage determinations from Department of Labor (DOL)?
As of 04/09/2026, according to the DOL website, they are currently issuing final prevailing wage determinations for initial prevailing wage requests filed for PERM in January 2026.
As of 04/09/2026, according to the DOL website, they are currently issuing final prevailing wage determinations for initial prevailing wage requests filed for H-1B in January 2026.
Source: https://flag.dol.gov/processingtimes
- What are the current processing times for the PERM/ETA Form 9089 (Labor Certification Application) from Department of Labor (DOL)?
As of 04/23/2026, according to the DOL website, they are currently issuing certified Labor Applications for initial Forms ETA 9089 filed on or before January 2025.
Source: https://flag.dol.gov/processingtimes
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, May 8, 2026!
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Attorney Kellie Lego, 2026 Super Lawyer
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