FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A
FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A as of 06/15/1013
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USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014
Release Date: March 25, 2014
Premium Processing for Cap-Subject Petitions to Begin by April 28, 2014
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. USCIS will not rely on the date that the petition is postmarked.
Can H-4/F-2, etc. non-work visa holders volunteer?
This question is raised often and debated much amongst lawyers focusing their practice on employment-based immigration. This morning, I have a call scheduled with a corporate client who is considering the legality of accepting a volunteer in their for-profit IT business.
White House Releases Fact Sheet on H-4 Spouse Employment Authorization Regulation
- The White House fact sheet contains information on the USCIS current rule-making agenda on reform in employment-based immigration system. Below is the relevant part.
USCIS Informs that Computer-generated Random Selection Process or Lottery for FY 2015 H-1B Completed
U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
USCIS Reaches FY 2015 H-1B Cap
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
Guestbook Entry for Sundip Kadam , United States
Name
Sundip Kadam
Country
United States
State
NJ
USCIS Policy Memorandum On Adjudication Of H-1B Petitions For Nursing Occupations
USCIS policy memo provides guidance on Adjudication Of H-1B Petitions For Nursing Occupations. For detail please click on attached document
OFLC Updates YTD Statistics on H1-B Temporary Specialty Occupations Labor Condition Program
OFLC updates YTD statistics on H-1Bs number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.
USCIS Policy Alert - Nonimmigrant Trainees (H-3)
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on the trainees (H-3) nonimmigrant visa category.
DOL Updates Program Fact Sheet of 4th Quarter of FY 2014 as of 08/31/2014
The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2014 Q4 TD selected statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program,
Successful H1 and H4 Stamping Experience
State
New Delhi
Email
email@email.com
I will begin with a sincere thanks for all the information I have got from these forums over the last few months and the amount of confidence I have gained through it.
Now, its my turn give back something by sharing my experience and hope this helps in giving some information to the others like me.
My visa was scheduled for 08:15 AM I reached the car parking in the nearby Malcha Marg parking by 7:45 AM. It is few minutes walk from there. I reached embassy by 7:55 or so. I was with my wife who would get an H4.
H-4 - Derivative Visa
We filed a case on behalf of our client against USCIS where the H-4 dependents' application for a change status was denied by USCIS because the application was not filed in a timely manner. The dependents were Citizens of Canada who wanted to transfer from TN status to H-4 status. Due to circumstances beyond their control they were found by USCIS to have lost their lawful status in the U.S. We filed a Motion for Reconsideration with USCIS. USCIS approved the application and the applicants were granted H-4 status retroactively.
Status
H-4 status approved retroactively .
Nonimmigrant Visas
H-4 - Derivative Visa
We filed a case with USCIS where the H-4 dependents of the H-1 visa holder were out of status since 2000. They believed that they were in legal status as long as the H-1 visa holder maintained status in the US. We filed a request for an extension of their H-4 status accompanied by a brief in support of the application. USCIS granted the extension of stay and issued approval notices with the I-94's attached.
Status
H-4 status approved
Nonimmigrant Visas
H-4 - Derivative Visa
We filed a case against the USCIS where the H-1B visa holder attempted to maintain legal status for both him and his H-4 dependents. The attorney at the time filed the application for the H-1 extension, but neglected to submit applications for the extension of the H-4 dependents status. We submitted a request to USCIS for the extensions of the H-4 dependents' status with a detailed legal brief. USCIS granted the request for extension and the I-94's were attached to the approval notices.
Status
H-4 status approved
Nonimmigrant Visas
H-4 Nunc Pro Tunc
Our firm has been successful in numerous H-4 (and H-4 nunc pro tunc) out of status cases (involving unlawful presence leading to a three-year to ten-year bar). Of particular note, one gentleman assumed if his H-1 was renewed, his dependant's H-4s were automatically renewed. Upon learning of the need to file for H-4 renewals, this gentleman consulted various attorneys and even took his case to Court. He was unsuccessful in bringing his dependants back into H-4 status.
Status
H-4 status approved.
Nonimmigrant Visas
NPWC Processing Times (as of 10/08/2014)
|
Processing Queue |
Request Date |
Status* |
|
H-1B H-2B |
September - 2014 September - 2014 |
Current Current |
|
PERM |
August - 2014 |
Green Card
Immigration Law
Guestbook Entry for Rohit Agarwal, United States
Name
Rohit Agarwal
Country
United States
State
PENNSYLVANIA
H-1B Filing Tips and Religious Workers Engagement
- USCIS Releases PowerPoint with H-1B filing tips provided during the 10/9/14 USCIS teleconference with CSC and VSC. The first session, from 11-11:45 a.m., focused on H-1B filing tips. The second session, from 11:45 a.m. - 12:30 p.m., focused on eligibility requirements for religious workers. Click the link below for deatil information:
Executive Actions on Immigration - USCIS
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
Guestbook Entry for Praveen Kumar, United States
Name
Praveen Kumar
Country
United States
State
CA