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.
- Who is eligible for an H4 EAD?
- An H4 Spouse of an H-1B nonimmigrant who is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.
- 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 (DOL) and Form I-129, page 5, regarding your full time or part time status.
- 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.
- How do I check the status of my case?
- Visit https://egov.uscis.gov/ and enter the unique 13-character identifier called a receipt number listed on your receipt notice. The receipt number is located in the left-hand corner of the receipt notice.
- Where can I file a FOIA request to get my immigration record from the USCIS?
- You may submit a USCIS FOIA request electronically by visiting https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act. Scroll down to the middle of the page and click on the GREEN button which reads ‘Request records from USCIS’. You will need to create an online account if you do not already have one to submit the USCIS FOIA request. Follow the prompts.
- Can I check the current processing times for a case that remains pending with the USCIS?
- Yes. Visit https://egov.uscis.gov/processing-times/. Select the FORM from the drop-down menu. Select the FORM CATEGORY from the drop-down menu. Select the FIELD OFFICE or SERVICE CENTER where the case is being processed from the drop-down menu.
- I need to talk to someone at USCIS. What number do I call, who should I email?
- Dial 1-800-375-5283 and follow the instructions. Once you are asked what you would like to do, request an INFOPASS appointment. Requesting an INFOPASS appointment should connect you with a LIVE agent.
- Is premium processing available for pending F1 OPT EAD cards? How much is it?
- Yes, premium processing is available for pending F1 OPT EAD cards. The filing fee for premium processing is $1500.00. Your request should be processed within 30 calendar days. Once the I-765 is approved, your EAD could take up to an additional 1 to 2 weeks to be produced and delivered.
- How long does it take to receive a prevailing wage determination for the Employment Based GC sponsorship process from the DOL?
- The processing times as listed on the Department of Labor (DOL) website, https://flag.dol.gov/processingtimes, for PERM prevailing wages show a wait of at least 206+ days.
- What is an LCA?
- An LCA is a Labor Condition Application. It is filed as part of the H-1B nonimmigrant visa process by an employer seeking to employ a nonimmigrant in a particular position in a specific location. The form also contains many attestations the employer must adhere to. The form must be certified by the DOL before it may accompany an I-129 filing with the USCIS.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, September 8, 2023!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!