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. What is Parole in Place? Parole in Place (PIP) allows a foreign national who came into the United States without authorization (without being admitted, inspected or granted parole) the ability to stay in the United States for a certain period of time. If granted, PIP provides the foreign national with parole, which is treated as an ‘admission’ for purposes of applying for adjustment of status within the United States. PIP is granted on a case-by-case discretionary basis. 

2. Is Parole in Place new? Was it created by the Biden Administration? PIP is not new, and it was not created by the Biden Administration. PIP has been around for many years and used by many Presidents when Congress has failed to act on matters related to Immigration. The USCIS may grant parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit under Section 212(d)(5)(A) of the Immigration & Nationality Act (INA).

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, July 5, 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. 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