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.
- Can you request an extension once a company is served with a Notice of Inspection (NOI) of the company’s I-9 Forms?
It is possible; however, whether the request is granted depends upon the particular circumstances surrounding the request. A company generally has three (3) business days once served in order to produce the company’s I-9 Forms for its employees. If there is good cause (i.e., a legitimate reason) and it is communicated to the investigator timely, an extension may be possible.
- What USCIS filing fees are required in filing an H-1B transfer petition for a new employer with the USCIS?
- Form I-129 requires a USCIS filing fee of $780.00 for employers with more than 25 employees, 0r $460.00 for employers with 25 or less employees.
- Form I-129DC requires a USCIS filing fee of $1500.00 for employers with more than 25 employees, or $750.00 for employers with 25 or less employees.
- The Fraud fee of $500.00.
- The Asylum fee of $600.00 for employers with more than 25 employees, or $300.00 for employers with 25 or less employees, or $0.00 for non-profit entities.
- An OPTIONAL filing fee for Form I-907, Request for Premium Processing in the amount of $2805.00. (OPTIONAL)
- I recently lost my Advance Parole document after waiting over 14 months to receive it. Can I obtain a replacement? Is there a cost associated with the replacement?
Yes, you can obtain a replacement Advance Parole by filing Form I-131 with the USCIS. You will need to input the receipt number of the previously approved Advance Parole in the appropriate section of Form I-131, and provide a copy of the I-797, I-131 Approval notice. There is a USCIS filing fee of $630.00 to cover the cost of the replacement Advance Parole.
- I am an H-1B nonimmigrant and have a very quick question. Should I wait to receive the receipt notice from my new employer before I give my termination notice to my current employer?
Yes, that appears to be the safest option in this current environment.
- Is it true that I must change my Facebook profile from private to public in order to secure a F1 student visa? This will be my first visa and first time coming to the United States.
Unfortunately, this appears to be the case otherwise you will be denied the F1 visa.
For more information see https://www.nafsa.org/regulatory-information/student-and-exchange-visitor-visa-appointment-capacity-and-dos-guidance
- Should my company enroll in the E-Verify program?
At this time, the E-Verify program is not mandatory. It still remains an optional program to verify employment eligibility that allegedly gives employers peace of mind in the employment eligibility verification process. No program is fool proof, as tentative non-confirmations can and do arise in the process; however, the program streamlines the onboarding process, and establishes a good faith effort in complying with immigration laws for those who are enrolled. Enrolling in the E-Verify program is a decision to be made by company management.
- How long does it take to obtain a certified Labor Application from the Department of Labor?
It is currently taking between 15-17 months to obtain a Certified Labor Application from the Department of Labor.
- I heard from a colleague that he was served with a Notice to Appear in Immigration Court before an Immigration Judge after being terminated by his H-1B employer. Isn’t there a grace period to allow someone the opportunity to obtain a new job, change status, or leave the country?
The Code of Federal Regulations at 8 CFR 214.1(l)(2) provides the following:
An alien admitted or otherwise provided status in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN classification and his or her dependents shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment on which the alien’s classification was based, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period. DHS may eliminate or shorten this 60-day period as a matter of discretion. Unless otherwise authorized under 8 CFR 274a.12, the alien may not work during such a period.
This still remains valid law.
- Can I sponsor my younger brother who still lives in El Salvador? He is 13 years old. I am a U.S. Citizen, and he is my biological brother.
Yes; however, the wait for your younger brother to legally immigrate to the United States may take up to 17+ years per the monthly visa bulletin. The July 2025 Visa Bulletin indicates that the Department of State is currently issuing Green Cards to siblings of U.S. citizens under the ‘all chargeability areas expect those listed’ category who have a priority date that falls on or before January 1, 2008.
- What is the difference between CPT and OPT?
CPT stands for Curricular Practical Training, and it is offered in conjunction with pursuing an educational degree program. It provides concurrent work authorization for a foreign international student whose curriculum is directly related to the work the student is to be engaged in. It can be offered on a part-time or full-time basis.
OPT stands for Optional Practical Training, and it is offered at the conclusion of completing an educational degree program. It provides 12 months of work authorization for a foreign international student in a job related to their field of study.
If 12 months of full-time CPT are utilized, the student will not be eligible for OPT.
For more information visit: https://www.ice.gov/sevis/practical-training
To schedule a consultation with our Immigration Attorney, please contact our office at 240-390-0600.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, August 8, 2025!
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