MVP LAW GROUP – Immigration Q&A Forum, Friday, December 7, 2012

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.

Question #1 – General
What steps do my employer and I need to follow in order to switch from H1B to EAD when my H1B expires. My employer and I have decided not to renew my H1 B.

Answer #1
You and your employer will need to complete a new I-9 form and you will need to present the proper document evidencing your eligibility for employment.

Question #2 – H-1B Nonimmigrant Visa
Is there an annual limited on the number of H1B visas?

Answer #2
Congress allocates 65,000 general CAP H-1B visas each year as of April 1, with employment beginning October 1 of that same year. An additional 20,000 H-1B visas are available for those graduating from U.S. Universities with Master’s degrees. Once the annual limits are reached, an eligible applicant must wait until the following April to apply, unless they have found an offer of employment with an H-1B exempt employer.

Question #3 – General
Would like to ask if your office can a find me an employer! I am an RN license in California. I have a specialty Hemodialysis. I have more than 5 years’ experience as a Dialysis Nurse.

Answer #3
Our office cannot assist with your employment search. Once you find a willing sponsor/employer, we can assist with explaining the various Immigration options and with preparing and filing the necessary paperwork with the USCIS.

Question #4 – H-1B Nonimmigrant Visa
When is the best time to submit the H-1B application to the USCIS?

Answer #4
The best time to submit the H-1B application to the USCIS is on the first day the Annual Cap opens, April 1. Accordingly, H-1B CAP subject petitions should be prepared prior to the April 1 date, and filed to reach the USCIS on April 1.

Question #5 – H-1B Nonimmigrant Visa
I am working on OPT. If H-1 B processing time goes beyond validity of OPT, what will happen?

Answer #5
If your H-1B visa petition was filed in a timely manner and the first date of work clearly mentioned October 1, 2012, there should be no issues, as you should be considered under the H-1B CAP GAP.

Question #6 – H-1B Nonimmigrant Visa
What status would my spouse and children have when I am granted H-1B Status?

Answer #6
When you are granted H-1B status, your spouse and children may live with you in the United States as your dependents on H4 status. Individuals on H4 status are not allowed to work, but children may attend school.

Question #7 –H-1B Nonimmigrant Visa
My husband’s I-129 has already been reaffirmed by USCIS almost 2 months already. Until now we are still waiting for the US Embassy to call us. Is there any hope that the embassy will eventually call us and asked us to send our appt. for H1B stamping? What are the possible reasons for the delay? It has already 10 months of waiting since our first interview.

Answer #7
Once the USCIS reaffirms the approval, the applicant may apply again for an H1 stamping interview.

Question #8 – H-1B Nonimmigrant Visa Hi, my H1B case file filed on June 2nd 2012. I haven’t received the Approval. What is the cut off time to get approval from USCIS?

Answer #8
The current processing times for an H-1B filed under regular processing is 2-4 months depending upon the Service Center where the case was filed. You should request that your Employer or the Attorney who filed the case contact the USCIS to initiate a Service Request.

Question #9 – Temporary Nonimmigrant Visas
Is H-1B status the only way that I can qualify to work in the U.S.?

Answer #9
No, the H-1B nonimmigrant work visa is not the only way for an applicant to qualify to work in the U.S. Please refer to our website at to learn about additional options that may be available for you.

Question #10 – H-1B Nonimmigrant Visa
after the I-129 was received by uscis for review from the DOS, it was on the post decision stage. now the uscis sent me an email that they mailed a duplicate copy of their decision on the case or the instructions to follow if it is still pending. my case is now on acceptance stage. why is my case back to acceptance stage?

Answer #10
Were you denied a visa at a U.S. Consulate? If this is the situation, the USCIS has to review the petition from the DOS to determine whether or not to uphold the approval or revoke the original approval based on the reasoning provided by the DOS. Unfortunately, if this is the case, you are at the mercy of the USCIS until they make a final decision on your case.

MVP Law Group would like to thank everyone who contributed a question or comment.

Our next “Immigration Q & A Forum” is scheduled for Friday, December 21, 2012!

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!