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.

1. I went for H-1Bhttps://www.mvplawgroup.com/h-1b-visas visa stamping and after my interview, I was given a 221g letter and eventually after a few months, denied. What happens next? Can I go for another interview? Your H-1B petition will likely be returned by the Consulate to the USCIS. The USCIS will then review the Consulate’s report of your interview, along with the petition that was filed. The USCIS will either reaffirm the approval, or issue a Notice of Intent to Revoke. If reaffirmed, you will be able to go for another interview. If a Notice of Intent to Revoke is issued, your employer will need to respond and based on the response, the USCIS will either reaffirm the original approval or revoke the case. If reaffirmed after responding to the Notice of Intent to Revoke, you will be able to go for another interview. If the case is revoked, the case is withdrawn/closed. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/administrative-processing-information.html
2. Can I file the I-129 (H-1B) and I-539 (H4) concurrently online? What are the fees for the H4? You cannot file the I-129 and I-539 concurrently online. You can file the I-129 online and once you receive the receipt, file the I-539 online but you cannot file them simultaneously like you can a paper-based filing. Form I-539 includes a USCIS filing fee of $420.00 if filed online, or $470.00 if paper based. https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, June 21, 2024. Act now and submit your questions!

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.

1. 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.

2. 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.