3,200+
Cases Filed
Since 2009
94%
Approval Rate
All visa categories
67
Visa Categories
Employment to investor
15 yrs
Practice
AILA member
42
Home Countries
Clients represented
Can I change employers while my H-1B transfer petition is pending?
Yes — under AC21 portability, you may begin working for the new employer as soon as the transfer petition is filed, provided your original H-1B has been approved and was filed more than 180 days ago. You do not need to wait for the transfer to be adjudicated.
What exactly counts as "extraordinary ability" for an O-1A petition?
USCIS requires evidence of sustained national or international acclaim through at least three of eight regulatory criteria: major awards, membership in selective associations, published material about your work, judging others' work, original contributions, high salary relative to peers, critical employment, or commercial success. A single Nobel Prize satisfies all criteria; most applicants build a portfolio across three to five.
My H-1B cap-gap expired. Am I accruing unlawful presence right now?
Not if your employer filed a timely extension before your current status expired. A timely-filed extension keeps you in a period of authorized stay — not unlawful presence — until USCIS adjudicates the petition. However, if the extension was filed late, unlawful presence begins from the day your previous status expired, which can trigger the three- or ten-year bar.
Free 30-Minute Session
Your case has details these FAQs can't cover.
Bring your priority date, your employer's EIN, and your last approval notice. We'll have the checklist ready before you arrive.
How long does an I-130 family petition typically take for an adult child of a US citizen?
Adult children of US citizens fall under the F-1 preference category. The Visa Bulletin currently reflects a priority date backlog of approximately 7–9 years for most countries, with significantly longer waits for nationals of India, Mexico, and the Philippines. Filing promptly to lock in an early priority date is the single most time-sensitive action available to you.
Can a startup founder who owns more than 50% of the company self-petition for an EB-1C?
Generally no — USCIS requires an employer-employee relationship, and a majority owner typically cannot be "controlled" by the company in the legal sense required. However, a minority ownership stake combined with a formal employment agreement and a board that retains termination authority has succeeded in past adjudications. The EB-1A self-petition route is often better-suited for founders.
What does a full immigration strategy engagement cost, and what does it include?
Professional fees for a comprehensive H-1B filing range from $3,500–$6,000 depending on premium processing and complexity. O-1A petitions with narrative development typically run $6,000–$10,000. Family-based filings start at $2,500 for an I-130 through final approval. Every engagement includes an initial strategy session, document checklist, petition drafting, USCIS correspondence, and RFE response if required.
Select Your Consultation Type
Every session is a working call — not a sales pitch. Come with your documents; leave with a filing strategy and a timeline.
H-1B & Employment
Cap petitions, transfers, extensions, cap-gap, and PERM labor certification strategy.
O-1A Extraordinary
Full narrative development, criteria mapping, and petition drafting for extraordinary ability.
Family Reunification
I-130, adjustment of status, consular processing, and priority date strategy for all preference categories.
Investor & EB-5
EB-1C for multinational managers, EB-5 investment structure, and O-1A for founders.

Your Consultant
Margaret Chen, Esq.
Former USCIS Adjudicator · AILA Member · 15 Years Practice
Before private practice, Margaret spent six years adjudicating petitions at the USCIS Vermont Service Center. She reviews every VisaPath filing personally — no paralegals signing off on your case.