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1- How long is it taking to get a final prevailing wage determination from the DOL? On average, 206+ days to receive a final prevailing wage determination back from the DOL after submission.
2 – I would like to work part time 2-4 Saturdays or any off days during the week, is that possible on a concurrent visa? Yes, it is possible to work part time for a another H-1B employer through the filing of a concurrent H-1B petition. The part-time concurrent H-1B filing would need to be filed PRIOR to you starting the part-time employment. In order to ensure that you can successfully maintain your existing employment and the part-time concurrent employment, it is advisable that you schedule a consultation with an Immigration Lawyer at MVP Law Group.
3- What is administrative processing? Administrative processing means the case requires additional review outside of the normal visa processing times. The reason for a case being placed in administrative processing is not always clear, nor is a estimated time frame provided for resolution. Typical administrative processing takes 60 days or less to resolve. If a case has been in administrative processing for longer than 60 days, a follow up to the Consulate or a request for Congressional assistance may be in your best interest to reach a resolution in your case.
4 – What happens to my visa when I resign my job at the new concurrent H-1B employer? You may continue working with your other H-1B employer, as long as the I-797 approval notice remains valid.
5 – What Visa Bulletin table are we to follow for March if we have a family-based case ready for adjustment processing? According to the United States Citizenship and Immigration Service (USCIS), you must use the DATES FOR FILING chart for March. If your priority date falls on or before the date listed in your preference category, you would be able to prepare and submit the I-485, Application to Adjust Status to Permanent Residence or Adjust Status to the USCIS. If you are going through consular processing, then the National Visa Center (NVC) should reach out via email or by mail to the Petitioner to let them know that an immigrant visa is available and to initiate Consular processing by paying the required fees electronically, submitting the DS-260 form through the CEAC website, and uploading all supporting documents to the Department of State (DOS) portal.
6 – If I file Form I-485 from the United States and leave the country as a visitor, can I come back? If you filed Form I-131, Application for Travel Document, requesting an Advance Parole document with your AOS (Form I-485), then you will need to wait for the Advance Parole document to be issued before you can leave the United States. Otherwise, leaving without an Advance Parole or a valid dual intent nonimmigrant visa will result in your I-485 being denied for abandonment, among other issues.
7 – What happens to my visa when I resign my job at the new concurrent H-1B employer? You may continue working with your other H-1B employer, as long as the I-797 approval notice remains valid.
8 – How long is it taking to get a prevailing wage determination for an employment based green card case back from the Department of Labor? Roughly 209+ days and we do not foresee that waiting period decreasing any time soon. https://flag.dol.gov/processingtimes
9 – Who do I make USCIS checks to? Our firm makes the filing fees payable to “US DEPARTMENT OF HOMELAND SECURITY”. We have yet to experience any issues. USCIS will accept filing fees via credit card, personal check, cashier’s check or money order.
10 – What Visa Bulletin table are we to follow for March if we have an employment -based case ready for adjustment processing? According to the United States Citizenship and Immigration Service (USCIS), you must use the FINAL ACTION DATES chart for March. If your priority date falls on or before the date listed in your preference category, you would be able to prepare and submit the I-485, Application to Adjust Status to Permanent Residence or Adjust Status to the USCIS. If you are going through consular processing, then the National Visa Center (NVC) should reach out via email or by mail to the Petitioner to let them know that an immigrant visa is available and to initiate Consular processing by paying the required fees electronically, submitting the DS-260 form through the CEAC website, and uploading all supporting documents to the Department of State (DOS) portal.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, May 24, 2024!
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