Articles Posted in Q&A Forum

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. When will I be able to submit the application for Biden’s PIP program? The United States Citizenship and Immigration Services (USCIS) has indicated that eligible applicants will be able to submit their applications as of August 19, 2024. The Federal Register Notice has not yet been released notifying the public of the eligibility requirements, the forms required, the filing fees required and the address where to mail the application. REMINDER – This program is not yet active/not yet in effect.

2. I was offered a specialty occupation with a non-profit organization, and I appear to be eligible for an H-1B; however, the Lawyer I spoke with told me that the organization does not appear to be eligible to file an H-1B CAP exempt petition with the USCIS. The lawyer did not explain any further. What is the issue? Only certain organizations are eligible to file a CAP EXEMPT H-1B petition with the USCIS. Not every non-profit organization will be eligible to file an H-1B CAP EXEMPT petition. CAP EXEMPT organizations include: Institutions of Higher Education; Nonprofit Organizations Affiliated with Institutions of Higher Education; Government Research Organizations, and Nonprofit Research Organizations focused on applied or basic research.

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, August 2, 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) What are the requirements for an E3 Australian Visa? The E3 Australian visa is a specialty occupation nonimmigrant visa that requires: (1) that you are a national of Australia; (2) you have a legitimate offer of employment by a U.S. employer; (3) the position offered is a specialty occupation (requiring at least the attainment of a bachelor’s degree or its equivalent in a specific specialty; and (4) you have the necessary academic or other qualifying credentials to fill the position. 

 
2) What is the process for obtaining an E3 Australian Visa? If you are outside of the United States applying from Australia, you would petition the Consulate directly. You would need proof of the legitimate job offer, a letter of support from the U.S. employer, a certified Labor Condition Application (LCA) from the Department of Labor (DOL), and your academic or other qualifying credential documentation available for review. Once all of these items are gathered, you would proceed with scheduling an E3 nonimmigrant visa appointment by completing Form DS-160 and submitting it to the Department of State (DOS), along with all requested documentation to establish eligibility. You would then appear for your interview at the scheduled date and time. If successful, your E3 visa will be issued and placed in your passport. 

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 19, 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. 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

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.

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 7, 2024. Act now and submit your questions!