MVP “Immigration Q & A Forum” – 5/30/25

1. I need to extend my H4 status, and I also have two (2) children under the age of 21. Are they included in my application, or do I need to file separate H4 extensions for them with their own filing fees? 

Only the primary applicant may file for an H4 extension using Form I-539. Any dependent children of the primary applicant would require their own separate Form I-539A. Only one (1) filing fee of $470.00 needs to accompany the I-539 and I-539A filings. If you need assistance, our law firm routinely assists with the preparation and filing of H4 dependent applications, give us a call at 240-390-0600.

2.       Is everyone required to notify the USCIS if they move? What happens if they don’t?

Every nonimmigrant and lawful permanent resident is required to notify the USCIS within 10 days of any move within the United States. Prior to 4/11/2025, willfully (intentionally) failing to give USCIS your new address would be classified as a misdemeanor punished by a fine of up to $200.00 and up to 30 days in jail.

As of April 11, 2025, a result of the new registration requirement, in addition to those listed above, every undocumented nonimmigrant and nearly every visitor in the U.S. staying longer than 30 days is now required to notify the USCIS of their address if they move. After 4/11/2025, noncompliance is a misdemeanor punishable by a fine of up to $5,000 or imprisonment for not more than 30 days, or both. Additionally, USCIS alleges that anyone who has failed to comply with the change of address notification requirements is deportable unless they establish that such failure was reasonably excusable or was not willful.

It is highly recommended that you speak with a qualified Immigration Attorney before complying with the new registration requirement and all that it entails.

3.       I filed a case on my own and it was rejected. The USCIS said I used the wrong version of the form and my payment wasn’t correct. How do I fix it?

Nearly all USCIS forms can be found on the USCIS website here: https://www.uscis.gov/forms/all-forms

Once you have found the form you need, you should check the edition of the form currently being accepted by the USCIS. The edition date will be a drop-down option located in the Form Details section of the page where the Form is located.

Nearly all USCIS filing fees for the Forms can be found on the USCIS website here: https://www.uscis.gov/g-1055

Example:

·       Form I-130, Immigrant Petition for Alien Relative can be found here: https://www.uscis.gov/i-130

·       Edition date of Form I-130 is 04/01/2024. The edition date is also listed at the bottom of the Form.

·       The USCIS filing fee for Form I-130 is $675.00 if a paper filing, and $625.00 if filed online.

4.       I was selected in the H-1B CAP this year and just graduated last weekend from my University. Is there still time to file, or am I too late for this year?

Yes, there is still time to file. The deadline for selected H-1B CAP filings is June 30, 2025. I recommend that you contact your University as soon as possible and explain to them that you need a copy of your degree and transcript for filing as soon as possible, as the deadline to file your H-1B case is June 30, 2025.  You must have proof that you meet the requirements for filing at the time of filing your case with the USCIS. If you need assistance, our law firm routinely assists with the preparation and filing of H1B CAP petitions, give us a call at 240-390-0600.

5.       I heard that the government is issuing fines to people for being illegals in the country. Is it true? 

The proper terminology to use for someone who is in the United States without authorization is ‘undocumented,’ as no human being is illegal. Yes, it is true; however, it only pertains to those individuals who have final orders of removal and those granted voluntary departure and have not left the United States since receiving their final order of removal or grant of voluntary departure from an Immigration Judge.

6.       I want to sponsor my mother for a green card. I am a Citizen. How long will it take?

We are missing important information as to whether your mother is present in the United States and will file Form I-485 with the I-130, or if she is abroad and will Consular Process after the I-130 is approved. Based on current processing times, it is estimated to take at least 17 months to process the I-130, Immigrant Petition for Alien Relative. If within the U.S. and a Form I-485 is filed on her behalf concurrently with the I-130, an interview will be scheduled at a local USCIS field office and it could take place within those 17 months or could take longer based on the processing times at the local USCIS field office. It also could be processed in a much quicker time, as the processing times on the USCIS website vary and are often not as reliable as one would expect. If outside of the U.S., consular processing could take between 6 months to 1 year or longer depending upon the processing times at the Consulate. If you need assistance, our law firm routinely assists with the preparation and filing of family-based green card filings, give us a call at 240-390-0600.

7.       I was told by Customs to retrieve my arrival/departure record online. How/Where do I find it?

You are able to download and print your I-94, Arrival/Departure record online at: https://i94.cbp.dhs.gov/home Look for the box that reads: Already visiting and need proof of visitor status and click on the ‘Get most recent I-94’ button at the bottom of the box.

8.       We received a final wage determination for a position that has since changed. Specifically, the job title includes the terms Diversity, Equity and Inclusion (DEI) and due to current circumstances, we cannot continue with that job title. Do we need to start all over again and request a new prevailing wage, or can we proceed with recruitment and just drop those terms from advertising?

Given this current environment, your chances of success will be higher if you start over again and request a new prevailing wage with the terms omitted from the job title in the new filing. Our law firm routinely assists U.S. employers with employment based green card sponsorship, please feel free to give us a call at 240-390-0600.

9.       Is the asylum filing fee required for all H-1B filings, or just for the initial CAP filings and extension filings?

The asylum filing fee is required for all H-1B (Form I-129) filings, whether it’s an H-1B CAP subject filing, an H-1B amendment, an H-1B concurrent filing, an H-1B extension, an H-1B transfer, and an H-1B CAP exempt filing. The asylum filing fee is not required for nonprofit organizations.

10.  How much does it cost to file for asylum?

There is no USCIS filing fee to file for Asylum.