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.
- 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 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. 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.
- Can I upgrade a pending I-765 for a STEM OPT to premium processing? Yes, you may upgrade your pending I-765 to premium processing to obtain a decision on your STEM OPT within 30 business days of the USCIS receiving your Form I-907, Request for Premium Processing. If you have any questions, please feel free to contact our office to schedule a consultation.
- 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.
- I have a U.S. citizen fiancé in the U.S., and I am applying for a visitor visa to come and see her. Do I need to include her information in my DS-160 form? Yes. Form DS-160 requests information about immediate relatives. It specifically mentions fiancé. Therefore, you must disclose the relationship.
- Does graduating with a DDS or a DMD qualify as a STEM field? Unfortunately, graduating with a Dental degree (Doctor of Dental Surgery or Doctor of Dental Medicine) does not make you eligible for the additional 2-year period of STEM OPT. Dentistry fields are not classified as STEM fields.
- 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.
- 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.
- What is an L1B nonimmigrant visa and how long is an L1B visa granted for? An L1B is an Intra-Company Transferee visa that allows companies operating both in the United States and abroad to transfer certain types of employees from its overseas office to the U.S. office. The L1B is a temporary nonimmigrant work visa. The L1B nonimmigrant visa is reserved for employees with specialized knowledge. An applicant must be able to establish that they have worked for the non-U.S. company for at least one (1) full year within the last three (3) years as an employee with specialized knowledge. The initial validity period for an L1B nonimmigrant visa is three (3) years. The L1B nonimmigrant visa may be extended in two (2) year increments until the applicant reaches 5 years in L1B nonimmigrant visa status. If you have additional questions, contact our office to schedule a consultation.
- How long does the Consulate typically have after the Interview to issue the passport with the Immigrant Visa in it? It depends upon the Consulate. If the Consular Officer recommended the immigrant visa be approved, then the passport should be returned to the applicant within 7-14 business days after the Interview date. If additional evidence is required by the Consular Officer, it can take an additional 15-60 days+ for a decision to be made by the Consular Officer after the additional evidence is submitted.
If you need assistance with Consular processing, please consider contacting our office to schedule an initial consultation with our Attorney. - What happens at the end of my grant of parole? If you have not applied for any form of permanent relief that you are eligible for, then once parole expires and if you do not have any other immigration status, you will be considered undocumented and will begin to accrue unlawful presence. You cannot be automatically deported; you would be afforded a hearing before an Immigration Judge where you will have an opportunity to apply for permission to stay in the United States, if you are eligible for other forms of relief.
Have you spoken with an Immigration Attorney? Are you eligible for any other form of immigration relief? Contact our office to schedule a consultation.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, January 24, 2025!
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