MVP “Immigration Q & A Forum” – 7/11/25

1.    Will there be a second lottery drawing for the H-1B CAP?

Possibly. The deadline to file for H-1B CAP cases initially selected in March of 2025 was June 30, 2025. 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 2025. There will be no announcement of the second random lottery selection process, the USCIS will automatically chose candidates at random and employers and attorneys will be notified in their USCIS portal. If there will not be 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.

2.    Do we need to do anything additional to be selected under a second drawing for the H-1B CAP?

If your employer timely submitted an H-1B CAP registration on your behalf back in March of 2025 and the status in the employer’s USCIS portal still shows as ‘submitted’, then there is nothing further needed. If a second random lottery selection process does happen, your H-1B CAP registration will be considered along with all others not initially selected during the initial round of the lottery.

3.    If selected in the H-1B lottery while traveling abroad, should we just consular process or can we come back and change status from here?

It depends on the facts of your particular case. What status do you have/were you in before leaving the United States? Do you have a valid visa stamp in your passport? What was selected on your Form I-129 as submitted to the USCIS? Assuming for the purposes of responding to this question that you were in a valid F1 student status, with a valid student visa in your passport, while utilizing your initial OPT prior to leaving, and your Form I-129 indicated ‘change status’ then you should return to the United States and change status from within the United States to H-1B. If on the other hand, your Form I-129 indicated ‘notify the office in Part 4 so each beneficiary can obtain a visa or be admitted,’ then your employer selected Consular Processing and you will need to wait for the case to be approved so that you can schedule and appear for an H-1B visa stamping appointment at the Embassy.

4.    I need more time to secure another job. Can I change status from H1B to B2 to get more time?

It depends. When were you laid off/terminated from your existing H-1B employer sponsor? Assuming for purposes of responding to this question that you were recently let go and still have sufficient time remaining in your discretionary 60-day grace period and your I-94 remains valid, then yes, filing a change of status petition (Form I-539) from H-1B to B2 Visitor is a possibility. You will want to include evidence of your efforts to secure a new job opportunity, along with proof of the maintenance of your prior H-1B status, i.e., your recent pay statements from your H-1B employment.

5.    How much does a Re-Entry permit cost, and can I continue to request them?

A Re-entry permit carries a USCIS filing fee of $630.00 made payable to US DEPARTMENT OF HOMELAND SECURITY. As long as you are abiding by the rules and re-entering prior to the expiration of the re-entry permit, there is no limit on the ability to continue to request and receive Form I-131, Re-entry permits.

6.    I lost my Advance Parole document; it was valid for the next 5 years. Can I get a replacement?

Yes, you can certainly request a replacement Advance Parole on Form I-131; however, it carries a USCIS filing fee of $630.00 made payable to US DEPARTMENT OF HOMELAND SECURITY.

7.    Is there a minimum/maximum requirement 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.

8.    I have children that my employer did not include in the H-1B CAP filing. How do I change their status along with mine?

You may file Form I-539, Application to Extend/Change Nonimmigrant Status, along with Form I-539 Supplement A, if there is more than 1 child that needs to change status. The Form I-539 carries a USCIS filing fee of $470.00 made payable to US DEPARTMENT OF HOMELAND SECURITY.

9.    Do I need to have the original I-797, I-129 approval notice with me when I go for visa stamping abroad?

Under prior administrations, the original I-797, I-129 approval notice was not a requirement for the Consular interview; however, now, we are recommending that you have the original I-797, I-129 approval notice with you when you are appearing for visa stamping. We also recommend that as soon as you re-enter the United States, you return the original I-797 approval notice to your employer for safe-keeping.

10.   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 tomorrow?

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 the USCIS, and it must be APPROVED before you are able to begin working with the new employer. Your new employer should file the H-1B transfer/extension with premium processing as soon as possible. The USCIS will have 15 business days to adjudicate the case and either issue an approval, a Request for Additional evidence (RFE), or a denial. If an RFE is issued, the 15-business day clock will stop and will restart at 15 business days again once the USCIS receives the RFE response.