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.
- If I have a valid H-1B visa in my passport, provided my 10 print biometrics at my consular interview and haven’t moved to a new address since the filing of the H-1B visa as listed in my passport, am I registered or do I need to register? It would appear based on the information you have shared that you are in compliance with the Registry requirement and do not need to submit a G-325R form through the USCIS website. See https://www.uscis.gov/alienregistration for more information.
- Should we self-deport? Everywhere we turn the messaging is for us to leave. Some of the notices we have received say that if we leave now, we will be able to come back later to resume our process. Is this true? What should we do? You should contact our office to schedule a consultation. It is highly recommended that you speak with a qualified Immigration Attorney for a full discussion of your rights, the rule of law, how due process works in the United States, and the real consequences involved if you were to self-deport. Please DO NOT self-deport without speaking with an Immigration Attorney.
- If I am asked to show my papers showing that I registered, what do I do? I have a KYR red card and am confused as to whether I really need to show proof that I complied with the registration requirement if I am stopped. The Constitutional protections of the 4th amendment still apply to you, and unless you are stopped for probable cause, you have a right to show the Agent(s) the Red Card and refuse to speak with them, a right provided under the 4th amendment to the U.S. Constitution. Remember, once inside the United States, the rights afforded by the U.S. Constitution are applicable to all.
- What is the processing time for the H4 EAD filed without the H4? For the H4 EAD filed separately from the H4, the United States Citizenship and Immigration Service (USCIS) website shows processing times at 5.5 to 11 months depending upon the service center that receives the case for processing.
- What is the processing time for the H4 EAD filed at the same time as the H4? Is there a difference? For the H4 EAD filed concurrently with the H4, the United States Citizenship and Immigration Service (USCIS) website shows processing times at 2.5 to 4.5 months depending upon the service center that receives the case for processing.
- I have an employer who sponsored both my H-1B and my Green Card. I’ve recently received another employment offer to work part-time for another employer. I do want to stay with my current employer because of the Green Card process. Can I work for both employers? Does the H-1B allow me to do that? Yes, the employer that provided the offer can file a concurrent H-1B petition on your behalf with the United States Citizenship and Immigration Service (USCIS). A concurrent filing would allow you to work part-time for the new employer, while continuing to work full-time for your existing employer.
- Can an attorney accompany me to an immigration interview? Yes, an attorney can accompany you to an immigration interview. If you filed your case without the assistance of an attorney and now you want an attorney to represent you at the interview, you would need to find an attorney willing to take on the representation. If an attorney agrees to take on the representation, they would prepare a G-28 form that allows them to represent you and take it to the Interview and present it to the Officer conducting the Interview.
- Will TPS for Cameroon be terminated? I heard on the news that they do not want to extend TPS for Cameroon and intend to terminate it. If they do not extend it, it would expire on June 7, 2025 at least as that is the date on my employment card. The federal government is required to make an announcement in the Federal Register of the extension and/or termination of a Temporary Protected Status (TPS) designation at least 60 days prior to its scheduled expiration. If the federal government fails to provide such notice in the Federal Register, the TPS designation will automatically extend for 6 months beyond the current expiration date. As of today, May 2nd, no announcement has been published in the Federal Register to terminate TPS for Cameroon.
- Do I need to have an F1 international student complete an I-9, Employment Eligibility Verification Form when joining the company like every other employee? Yes, every new W2 employee must complete a Form I-9, Employment Eligibility Verification. For more information, please visit: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/20-who-must-complete-form-i-9.
- Who do I report possible immigration fraud to? My daughter married a young man, and I honestly believe that the young man only married my daughter to get his green card. You can report marriage fraud to the United States Citizenship and Immigration Service (USCIS) through their website at https://www.uscis.gov/report-fraud/uscis-tip-form. All submissions will be taken seriously so make sure what you report, you have evidence to support it.
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 16, 2025!
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