On average, it takes 2 – 4 weeks for Bay Immigration Law to prepare an I-129 H-1B case to file with United States Citizenship and Immigration Services, depending on how fast we receive documents. In general, the process is as follows:
We have an introductory phone call and go over your plans, requirements, and the documentation/ information that will be necessary to proceed. We will then send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.
Once the Engagement Letter has been returned to us, we will send a questionnaire and make a formal request for documents and information to begin preparation of the case.
For all cases, we will need the following:
Once we receive the completed questionnaires and documents, we will draft the Labor Condition Application and other forms and send them to your employer for their review and signature.
Once the signed forms are returned them to us, we will assemble and file the petition with USCIS. You will receive the receipt notices from USCIS through the mail, and depending on the case, could receive approval in as little as 15 days.
If filed via Premium Processing, case decisions take 15 days from filing.
If you already hold H-1B status and a change of employer, you can begin working for the new employer the day the petition is received by USCIS.
As long as you have a valid H-1B visa with which to re-enter the United States, international travel should be fine. If you do not have a visa, it is not recommended as it can be difficult to obtain a visa interview with a pending case at USCIS.
H-1B petitions can be approved in 3-year increments, up to a 6-year maximum. However, you can apply for extensions beyond the 6-year maximum if you have an approved I-140 but are not current to file for Adjustment of Status.
Yes, your spouse and children under the age of 18 can join in H-4 status.