H1B Visa Lawyer Blog
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- Do I have to work full time on an H-1B, or may I work part time? No, you may work full-time or part-time. There is no rule as to the minimum number of hours. Working less than 35 hours per week will result in part-time employment. Pay close attention to what has been marked on your Certified Labor Condition Application (LCA) and Form I-129, page 5, regarding your full time or part time status.
- What is SVP? Specific Vocational Preparation (SVP) is defined as the amount of time required by a worker to learn the techniques, obtain the information, and develop the facility needed for average performance in a specific job. SVP is used in the H-1B nonimmigrant visa context as well as in the Employment Based Green Card process.
- Do I have to be in the U.S.A. to be sponsored for a Green Card? No. Immigrant Petitions are routinely filed by employers and family members for beneficiaries located outside of the United States.
- When filing for Naturalization, do I have to share about my prior court records if I was able to get my criminal case expunged? Yes, absolutely! Expunging your criminal record only removes the records from the public record/public eye, the USCIS is still able to review your criminal record. Not disclosing is not helpful to establishing your good moral character. If you decide to expunge your criminal case for employment purposes, prior to doing so, you should obtain certified copies of all court records from the Court house including the final disposition of each case.
- When is an H-1B amendment required to be filed? An H-1B amendment is required to be filed whenever there is a material change in the terms and conditions of employment. Changes in the terms and conditions of employment can include: changing worksites; changing job titles; changing from full time to part time and vice versa; employer relocation; etc. You should consult an experienced Immigration Lawyer at MVP Law Group to discuss this on a case-by-case basis.
- I have a U.S. citizen fiancé in the U.S., and I am applying for a visitor visa to come and see her. Do I need to include her information in my DS-160 form? Yes. Form DS-160 requests information about immediate relatives. It specifically mentions fiancé. Therefore, you must disclose the relationship.
- Does graduating with a DDS or a DMD qualify as a STEM field? Unfortunately, graduating with a Dental degree (Doctor of Dental Surgery or Doctor of Dental Medicine) does not make you eligible for the additional 2-year period of STEM OPT. Dentistry fields are not classified as STEM fields.
- What are the eligibility requirements to file for asylum? (1) You must be in the United States or arriving at the border to claim asylum; (2) You must file for asylum within 1 year of your arrival in the United States; (3) You must meet the definition of a “refugee.” A refugee is defined as a person who is unable to unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.”
- When will the H-1B CAP open for FY2026? The registration period for the H-1B CAP for FY2026, with employment to begin as of October 1, 2025, will likely open the first week of March 2025.
- Can I work for more than 1 H-1B employer while in the United States? Yes, it is called concurrent employment. Each employer must file a I-129 form along with a Certified LCA with the USCIS prior to you commencing employment. For more information, contact our office to schedule a consultation.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, June 21, 2024!
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