H1B Visa Lawyer Blog

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of May 11th, 2012, 36,700 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of May 11th, 2012, 14,800 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay tuned to MVP Law Group for FY 2013 H-1B CAP updates!

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.

Question #1 – Green Card
How long can you live outside the United States and still keep your green card valid?

Answer #1
One should be able to use one's green card to return from trips abroad of up to one year. However, anytime a green card holder leaves the U.S., he or she is subject to being accused by the Customs and Border Patrol (CBP) of having abandoned the intention of living in the U.S., and is subject to having the green card taken away--on the spot. Staying longer than one year may also affect the naturalization process if and when you attempt to apply.

Question #2 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have been considering teaching for a while as a way to give back and was wondering being on H1-B, would I be able to hold a part-time/adjunct teaching position at a university, if given the opportunity?

Answer #2
You would be able to hold a part-time/adjunct teaching position at a university; however, the University must be willing to sponsor your H-1B visa. The University would have to go thru the normal process of preparing and filing the necessary forms and paying the necessary USCIS filing fees, if applicable, as well as paying all legal fees involved.

Question #3 – Employment Authorization/Travel Document
How soon can I renew my EAD and Advance Parole (AP)?

Answer #3
You can file the renewal 120 days prior to the expiration date. However, AP applicants are advised to reapply within 30 days or less remaining on their current I-131 document

Question #4 – H-1B Nonimmigrant Work Visa
I am on OPT, I am working and I have an offer for a job. Are there any H-1B visas left under the CAP?

Answer #4
As of May 4, 2012, there were approximately 32,500 H-1B Regular CAP subject nonimmigrant visas filed and 13,700 H-1B Masters Exemption nonimmigrant visas filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Question #5 – Employment Authorization/Travel Document
My spouse has H4 and is currently not working; do I need to renew EAD? Can I renew later when I need it?

Answer #5
You do not need to renew EAD. You can reapply for EAD anytime while your I-485 is pending.

Question #6 – General
If my case was issued an RFE, what does that mean? Does it automatically mean that my case will be denied? What chance do I have of getting my visa granted if an RFE was issued?

Answer #6
A Request for Evidence (RFE) is issued when additional evidence is required, as the adjudicator believes that it cannot make a decision based on the initial evidence/documentation provided. A USCIS adjudicating officer could issue an RFE pertaining to the alien applicant's eligibility, the Petitioner’s financials, the legitimacy of the Petitioner’s company, etc. Many cases do receive RFE’s, and after submission of additional legal arguments, explanations, and evidence, the cases are often approved. Receiving an RFE on a submitted case does not automatically mean that the case will be denied.

Question #7 – Marriage Based Immigration –Green Card
What is a “Stokes” interview? I heard a co-worker talking about it and I have a cousin who is being sponsored by her husband for family based green card and would like to know what it is so I can tell them?

Answer #7
A “Stokes” interview is the last opportunity the USCIS provides for you and your spouse to prove the bona fides of your marriage. If the USCIS does not think that your marriage is legitimate, they will schedule a “Stokes” interview. The husband and wife are separately questioned by a USCIS Officer regarding their relationship history, daily interactions, relationship in general, presence on social networking websites, etc. The interview/questioning is recorded and an attorney is permitted to attend.

Question #8 – Employment Authorization/Travel Document
My H-1B is expiring, should I extend H-1B or be on EAD?

Answer #8
You can work on EAD while your adjustment of status application (I-485) is pending. However, in the unforeseen event that your adjustment of status application is denied by the USCIS, you would fall out of status. Therefore, it is a good idea to maintain H-1B status as long as you can. However, this is decision that you have to make.

Question #9 – Employment Based Immigration – Green Card
I appealed my denied my labor application to BALCA. My employer just got notice that my appeal has been docketed. When can I expect a decision?

Answer #9
According to the United States Department of Labor website, it is approximately taking up to two (2) years for a case to be reviewed by BALCA from the date of filing the appeal.

Question #10 – H-1B Nonimmigrant Work Visa
If I am on an H-1B visa, do my wife and children automatically receive H-4 status or do they have to apply for it?

Answer #10
No, they would have to apply for the H4 visa status. If the beneficiary’s spouse/children are in the United States on another status other than H status, e.g. student status, an application to change their status to an H status should be filed. If the beneficiary or the beneficiary’s spouse/children are outside the United States and the beneficiary wishes to apply for a derivative visa (referred to as an H4 visa) abroad, and the H4 visa application can be made and is available on walk-in basis at the U.S. Consulate abroad along with or after the grant of the H1B approval, no other processing is required for an H4 visa abroad. Contact the consulate abroad or an Information Officer at the United States Department of State Visa Office at 202.663.1225 for the procedures or documents that may be required.

MVP Law Group would like to thank everyone who contributed a question or comment.

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

The Department of State has released its latest Visa Bulletin.

Click here to view the June 2012 Visa Bulletin.

The June 2012 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. There are no numbers presently available in the EB2 classification for China and India. According to the Visa Bulletin, numbers will be available for China and India Employment Based Second Preference cases beginning October 1, 2012 under the FY2013 numercial limitations. Every effort will be made to return the China and India EB2 cut-off date to the May 1, 2010 date which had been reached in April 2012.

Note: Readers should be advised that it is impossible to accurately estimate how long that may take, but current indications are that it would definitely not occur before Spring 2013.

**The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin.

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of May 4th, 2012, 32,500 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of May 4th, 2012, 13,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay tuned to MVP Law Group for FY 2013 H-1B CAP updates!

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, May 11th, 2012. Act now and submit your questions!

THANK YOU!

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.

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of May 1, 2012.

If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 18 months; for an I-129 L1 Appeal - 22 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 21 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 34 months.

**Most other cases are within USCIS' processing time goal of 6 months or less.

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of April 27th, 2012, 29,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 27th, 2012, 12,300 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay tuned to MVP Law Group for FY 2013 H-1B CAP updates!

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.

Question #1 – H-1B Nonimmigrant Work Visa
How many H1s are left?

Answer #1
According to the USCIS, H-1B petitions being filed subject to the CAP have doubled since this time last year. As of April 20, 2012, there were approximately 25,000 H-1B Regular CAP subject nonimmigrant visas filed and 10,900 H-1B Masters Exemption nonimmigrant visas filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.

Question #2 – Permanent Residence
If my permanent resident card has expired, do I need a visa? Or is it possible to renew my permanent residence?

Answer #2
A green card is valid for a period of 10 years; you may renew 6 months prior to its expiration. You may renew your green card by filing Form I-90 with the USCIS.

Question #3 – Employment Based Immigration – Green Card
Regarding a change of job, is there a recommended wait time after the green card that I can change my employer. On the EAD there was a 6mth after which I could do this, but was wondering after the GC if there is any such thing. Appreciate your response.

Answer #3
Although the regulations are silent on this issue, we recommend that you wait at least six (6) months before changing your employer to avoid issues if you intend on applying for citizenship when you become eligible.

Question #4 – H-1B Nonimmigrant Work Visa
What qualifies me as an “exempt H-1B employee”?

Answer #4
An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: (1) receives at least $60,000 in annual wages; or (2) has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended H-1B employment.

Question #5 – Family Based Immigration
Who is responsible for scheduling the visa immigrant Interview, us or the Consulate? My husband’s I-130 was just approved and just curious to know what we need to do next.

Answer #5
The National Visa Center (NVC) will be in contact with you to instruct you to pay the immigrant visa fee, prepare necessary forms and gather appropriate documents. Once the NVC has everything they need, they will forward the case to the Consulate. You will receive a notice of the date, time and place of the scheduled interview.

Question #6 – Employment Based Immigration – Green Card
I got my I-140 petition approved. Next step is to apply for AOS. What kind of document do I need to have for AOS application?

Answer #6
In order to apply for AOS, your priority date needs to be current, once your priority date is current, you will able to file the Form I-485, Application to Adjust Status to Permanent Resident along with the Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document. There are numerous background documents that will need to be submitted along with your petition, specifically, a sealed medical examination from a civil surgeon in your area, birth certificates, copies of federal tax returns, bank statements, and an employment verification letter, among other documents.

Question #7 – Employment Based Immigration – Green Card
I heard that even though I submitted my I-485 because my priority date was current, there is no chance of getting my green card within the next six months?

Answer #7
What you heard is correct, if you are an applicant from India or China-mainland born, and your I-140 was filed under the Employment based second preference classification.

The American Immigration Lawyers Association (AILA) confirmed with the State Department that the annual limit in the EB-2 category for China-mainland born and India had been reached as of April 11, 2012. USCIS will continue to accept adjustment applications based upon cut-off dates published in the April and May Visa Bulletins. However, requests from USCIS service centers and field offices for visas in the EB-2 category aliens chargeable to China-mainland born or India will be retained by DOS for authorization in FY2013, beginning on October 1, 2012.

Question #8 – Employment Based Immigration – Green Card
We filed a labor application and it was approved for a software engineer. We have not received the certified labor application in the mail (approved several weeks ago) and wish to move to the next step, file the I-140. What can we do?

Answer #8
Generally, there are two options available to you; however, both are rather similar. The recommended route is to file the I-140 petition with a request that the United States Citizenship and Immigration Service (USCIS) obtain the certified Labor from the Department of Labor (DOL) itself. The other option is to write a letter to the DOL notifying them that the USCIS will be requesting the certified Labor from them directly for purposes of filing the I-140 petition.

Question #9 – Employment Based Immigration – Green Card
Is an approved I-765 any indication that the I-485 is getting close to approval and would eventually BE approved without a hitch or are they autonomous processes?

Answer #9
They are separate and distinct creatures. Therefore, to put it simply, an approved I-765 is not an indication that the I-485 is getting closer to being approved.

Question #10 – H-1B Nonimmigrant Work Visa
My name is mistakenly typed in the form I-129 submitted to USCIS. In that form only, in all other forms (including I-129 supplements) it has typed correctly. Name mistyped on I-129, so reflecting wrong name on I-797, what I need to do now?

Answer #10
If you believe that the mistake on your I-129 receipt notice (Form I-797) would cause severe issues down the road, you will need to contact the USCIS National Customer Service number (1-800-375-5283) and speak with an Agent to request that the mistake be corrected, so that your I-129 Approval notice (Form I-797) will provide the correct spelling of your name.

MVP Law Group would like to thank everyone who contributed a question or comment.

Please remember to submit your questions/comments on our H1B Visa Lawyer blog!

The American Immigration Lawyers Association (AILA) has confirmed with the State Department that the annual limit in the EB-2 category for China-mainland born and India has been reached.

The State Department notified USCIS on April 11, 2012, that no further visas for those categories would be authorized.

USCIS will continue to accept adjustment applications based upon cut-off dates published in the April and May Visa Bulletins. However, requests from USCIS service centers and field offices for visas in the EB-2 category aliens chargeable to China-mainland born or India will be retained by DOS for authorization in FY2013, beginning on October 1, 2012.

Source: "AILA InfoNet Doc. No. 12042360 (posted Apr. 23, 2012)"

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of April 20th, 2012, 25,000 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 20th, 2012, 10,900 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

*USCIS will continue to accept H-1B petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Stay tuned to MVP Law Group for FY 2013 H-1B CAP updates!

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on April 23, 2012 with processing dates as of February 29, 2012.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

**Please be aware that the data provided above is approximately 45 days old at the time of posting.

If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

If you are a client of MVP Law Group and would like our assistance please contact our office.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, April 27th, 2012. Act now and submit your questions!

THANK YOU!

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.