Archives 2025

immigration to US

I94-F1 Status After H1B Approval

For many H1B visa holders who have transitioned from F1 student status, an unexpected issue may arise when checking their I-94 records: the system still reflects their previous F1 status instead of H1B. This discrepancy can lead to confusion and potential legal complications. Below, we explore the common reasons behind this issue and provide guidance on how to resolve it.

Understanding the I-94 Record

The I-94 is an essential document that reflects a non-citizen’s most recent admission status in the United States. This record is maintained by U.S. Customs and Border Protection (CBP) and is crucial for verifying lawful status, work authorization, and eligibility for benefits.

Common Reasons for an Incorrect I-94 Status

  1. I-94 Not Updated After Change of Status Approval
    When an individual applies for an H1B visa while in the U.S. through a Change of Status (COS) petition (via Form I-129), USCIS typically issues an I-797A approval notice, which includes a new I-94 reflecting the approved H1B status. However, this update may not automatically reflect in the CBP I-94 system, which continues to show the prior F1 status.
  2. Consular Processing Instead of Change of Status
    If the H1B petition was approved through consular processing, rather than COS, the individual must exit and re-enter the U.S. using their H1B visa to receive a new I-94 reflecting their H1B status. Until this step is completed, the CBP system may continue to display F1 status.
  3. USCIS and CBP Database Discrepancy
    USCIS and CBP operate separate systems, and sometimes the updates from USCIS (such as an approved change of status) do not immediately reflect in CBP’s records.
  4. SEVIS Record Not Properly Terminated
    When transitioning from F1 to H1B, the individual’s SEVIS record should be terminated by their Designated School Official (DSO). If this does not happen properly, CBP may continue to recognize the individual as an F1 student.

How to Resolve the Issue

If you have checked your I-94 and found that it still reflects F1 status despite an H1B approval, consider the following steps:

  1. Check Your I-797A Approval Notice
    If your H1B petition was approved with a Change of Status, your I-797A approval notice should contain a new I-94 at the bottom. This I-94 governs your current status, even if the CBP system does not reflect it.
  2. Contact Your Employer or Immigration Attorney
    Employers and attorneys can help verify whether the H1B was approved as a Change of Status or consular processing. If there was a mistake in the petition type, corrective action may be needed.
  3. Travel and Re-enter the U.S.
    If your H1B was approved through consular processing, the only way to update your I-94 to reflect H1B status is to travel outside the U.S. and re-enter using your H1B visa. Upon re-entry, CBP will issue a new I-94.
  4. Request a Correction from CBP
    If your I-797A includes an updated I-94 but the online CBP system does not reflect it, you may visit a local CBP Deferred Inspection Site to request a correction. Bring your H1B approval notice and other supporting documents.
  5. Ensure SEVIS Record is Closed
    If your school’s DSO has not properly terminated your SEVIS record, you should contact them and request immediate closure to avoid potential conflicts with your H1B status.

Conclusion

Having an outdated I-94 status can lead to complications with work authorization, driver’s license renewals, and other immigration-related matters. If you find yourself in this situation, it is critical to determine the root cause and take corrective action as soon as possible. Consulting with an immigration attorney can help navigate the process efficiently and ensure compliance with U.S. immigration laws.

For further assistance with I-94 corrections, H1B transitions, or other immigration matters, contact our law firm today.

immigration to US

Avoiding Marriage Fraud

Understanding USCIS Marriage Fraud Investigations

Marriage fraud is a serious offense under U.S. immigration law. The U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) actively investigate suspected fraudulent marriages through rigorous scrutiny. Under the Immigration and Nationality Act (INA) §204(c), a petition for a foreign spouse may be denied if there is evidence of a prior fraudulent marriage.

Marriage fraud includes:

  • Entering a marriage solely for immigration benefits.
  • Misrepresenting material facts to obtain a green card.
  • Failing to establish a bona fide marital relationship.

Applicants and petitioners must be prepared for detailed questioning, home visits, and document verification. Violations can result in green card denial, removal proceedings, fines, and even criminal penalties.

Key Areas of USCIS Scrutiny

To confirm the legitimacy of a marriage, USCIS officers conduct thorough reviews. Here are three primary areas they focus on:

1. Home and Living Arrangements

USCIS officers may conduct unannounced home visits, checking:

  • Whether spouses live together.
  • If clothes, personal items, and hygiene products are appropriately placed.
  • Whether the refrigerator contains food suitable for both partners.
  • Consistency in shared living spaces.

2. Personal and Financial Details

Interview questions often cover:

  • The exact date and location of the wedding.
  • Shared finances, such as joint bank accounts and tax filings.
  • Rental agreements, mortgage statements, and utility bills.
  • Documented communication, such as emails, messages, and call logs.
  • Travel history, joint vacations, and celebrations together.

3. Relationship Timeline and Consistency

Discrepancies in personal history can lead to suspicion. Officers may check:

  • Details of how the couple met and their first date.
  • Important life events, such as birthdays and anniversaries.
  • Family interactions and knowledge of each other’s relatives.
  • Use of shared digital accounts and home WiFi.

Consequences of Marriage Fraud

Violating marriage-based immigration laws carries severe penalties, including:

  • Denial of Green Card & Permanent Bar: INA §204(c) prohibits approval of any future petitions if marriage fraud is determined.
  • Deportation & Inadmissibility: Foreign nationals found guilty may face deportation and a permanent bar from returning to the U.S.
  • Criminal Charges & Fines: Marriage fraud can lead to felony charges, with fines up to $250,000 and up to five years in prison under 8 U.S.C. §1256(c).
  • Sponsor Liability: U.S. citizens or lawful permanent residents involved in fraudulent marriages can face legal consequences, including appearing on immigration fraud watch lists, which may affect future petitions.

How to Prove a Bona Fide Marriage

A legitimate marriage requires credible documentation and consistent testimony. Couples should:

  • Maintain joint financial accounts and assets.
  • Document shared experiences, including photos, correspondence, and travel records.
  • Keep receipts of gifts, holiday plans, and mutual investments.
  • Provide affidavits from family, friends, and neighbors confirming the authenticity of their marriage.
  • Be prepared for detailed interviews and home inspections.

Why Choose Wang Law LLC?

At Wang Law LLC, we specialize in immigration law, ensuring that our clients navigate marriage-based petitions legally and successfully. Our experienced attorneys:

  • Guide you through I-130 and I-485 petitions.
  • Help compile strong evidence of a bona fide marriage.
  • Prepare you for USCIS marriage interviews.
  • Represent you in case of RFEs (Requests for Evidence) or NOIDs (Notices of Intent to Deny).
  • Defend clients against wrongful fraud accusations.

If you are considering a marriage-based green card application or have concerns about USCIS scrutiny, contact Wang Law LLC today at 708-966-9999, email us at david@wanglaw.com, or visit www.wanglaw.com to schedule a consultation.

immigration to US

Form I-140: A Comprehensive Guide for 2025

What Is Form I-140?

Form I-140, officially known as the “Immigrant Petition for Alien Worker,” is a critical step in the employment-based green card process in the United States. This petition is filed by a U.S. employer (or, in some cases, the foreign worker themselves) to sponsor a foreign national for permanent residency. The form applies to several employment-based (EB) immigrant visa categories, including EB-1, EB-2, and EB-3.

Why Is Form I-140 Important?

Form I-140 plays a central role in the employment-based green card process:

  1. Pathway to Permanent Residency: It serves as the formal request for a foreign worker to receive a green card, allowing them to live and work permanently in the U.S.
  2. Eligibility Confirmation: Approval of Form I-140 demonstrates that the worker meets the requirements of the specific EB category.
  3. Supports U.S. Workforce Needs: Enables employers to fill skilled positions when qualified U.S. workers are unavailable.
  4. Enables Further Immigration Steps: Upon approval, the worker can file Form I-485 to adjust status to permanent resident or proceed with consular processing.
  5. Provides Interim Benefits: Approval can allow for H-1B extensions and, in certain cases, job portability under INA 204(j).

Filing Fees for Form I-140 in 2025

Base Filing Fee

  • $715 for all petitioners.

Asylum Program Fee

Introduced in January 2024, this fee supports asylum processing costs. It applies to most Form I-140 petitioners and varies based on the employer’s type:

Petitioner TypeAsylum Program FeeTotal Fee
Nonprofit/Small Business$0$715 (base fee only)
Small Business (≤25 employees)$300$1,015 ($715 + $300)
All Other Petitioners$600$1,315 ($715 + $600)

Note: Fees are non-refundable and subject to change. Always verify current fees on the USCIS website.

Payment Tips

  • Pay the base filing fee and the Asylum Program Fee separately.
  • Accepted payment methods: money order, personal check, cashier’s check, or credit card (via Form G-1450).
  • Make checks payable to the U.S. Department of Homeland Security (DHS).

Processing Times and Premium Processing

Average Processing Times (FY 2025)

Processing times for Form I-140 vary by visa category and USCIS service center:

Visa TypeEB CategoryNebraska (months)Texas (months)Average (months)
E11EB-1A (Extraordinary Ability)12.51413
E12EB-1B (Outstanding Professor)11.51011
E21EB-2 (NIW)119.510
E31EB-3 (Skilled Worker)888
Schedule AEB-3 (Nurses)11.5910

Premium Processing

  • Cost: $2,805
  • Processing Time: 15–45 calendar days
  • Available for many I-140 categories, including EB-1C and EB-2 (NIW).

Note: Premium processing expedites the review but does not guarantee approval.

Eligibility Categories for Form I-140

Employment-Based (EB) Categories

  1. EB-1: Priority workers, such as those with extraordinary ability, outstanding professors, and multinational executives.
  2. EB-2: Individuals with advanced degrees or exceptional ability.
  3. EB-3: Professionals, skilled workers, and other workers.
  4. EB-4: Special immigrants, such as religious workers and U.S. foreign service employees.
  5. EB-5: Investors meeting job creation and investment requirements.

Self-Petitioning

  • Allowed for certain EB-1 and EB-2 (NIW) categories.

Supporting Documents for Form I-140

For Employers:

  • Proof of ability to pay the offered wage (e.g., financial statements or tax returns).
  • Job offer letter.
  • Approved labor certification (if required).

For Employees:

  • Resume or CV.
  • Educational credentials (e.g., diplomas, transcripts).
  • Letters of recommendation and evidence of work experience.
  • Valid passport and proof of current visa status.

Special Circumstances

Job Portability (INA 204(j))

  • Beneficiaries of approved or pending I-140 petitions may change jobs if:
    • Form I-485 has been pending for 180+ days.
    • The new job is in the same or similar occupational classification.

Successor-in-Interest (SII) Employers

  • In cases of mergers or acquisitions, the new employer may assume the original I-140 petition.

Withdrawing Form I-140

  • Employers may withdraw the petition, but beneficiaries may retain the priority date under certain conditions.

Key Takeaways

  • I-140 approval is not a green card: It’s a step toward permanent residency.
  • Priority date matters: Determines visa availability based on the Visa Bulletin.
  • Benefits of approval: Allows for H-1B extensions and possible job portability.

For tailored advice and assistance with your Form I-140 filing, contact WANG LAW LLC. Our experienced team is here to guide employers and employees through the complexities of U.S. immigration law.