H1B CAP NEWS: USCIS Announcement Regarding Premium Processing for H-1B Cap-Subject Petitions

March 15, 2013

The filing period for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap begins on April 1, 2013. USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. This could be the first time since April 2008 that the H-1B cap will require a lottery.

USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time. Due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, and in accordance with 8 CFR 103.7(e)(3)(ii), USCIS is announcing that premium processing for cap-subject H-1B petitions, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher, will begin on April 15, 2013.

USCIS will continue to accept Form I-907, Request for Premium Processing Service, with fee, concurrently with the Form I-129, Petition for Nonimmigrant Worker, during the time period that premium processing is unavailable - from April 1 to April 14, 2013. Petitioners may also upgrade a pending H-1B cap petition to premium processing once a receipt notice is issued. All requests for premium processing received between April 1, 2013, and April 14, 2013, will be adjudicated when premium processing begins on April 15, 2013.

While the Form I-797 receipt notice may indicate the date that the premium processing fee is received, the 15-day processing period set by 8 CFR 103.7(e)(2) will not begin until April 15, 2013. The 15-day processing period for premium processing service for H-1B petitions that are not subject to the cap, or for any other eligible classification, continues to begin on the date that the request is received.

Source of Information: USCIS.GOV

MVP "Immigration Q & A Forum" - This Friday, August 31, 2012

August 27, 2012

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, DREAMers, Deferred Action for Childhood Arrivals, 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, August 31, 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.

MVP "Immigration Q & A Forum" - This Friday, August 3, 2012

July 30, 2012

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, DREAMers, 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, August 3, 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.

MVP "Immigration Q & A Forum" - This Friday, July 6, 2012

July 3, 2012

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, DREAMERS, 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, July 6th, 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.

MVP "Immigration Q & A Forum" - This Friday, June 8, 2012

June 4, 2012

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, June 8th, 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.

MVP "Immigration Q & A Forum" - This Friday, April 27, 2012

April 23, 2012

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.

MVP LAW GROUP – Immigration Q&A Forum, Friday, April 13, 2012

April 13, 2012

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
I am an international student with F1- status and Associate degree that I obtained here in US. Am I qualified to change my status to h1B VISA?

Answer #1
Unfortunately, you are not, unless you possess qualifying work experience. To be eligible to obtain an H-1B visa, you must have a Bachelor’s degree in a Specialty Occupation field, and the position for which you are being sponsored must require at a minimum the attainment of a Bachelor’s degree in a specific specialty occupation field.


Question #2 – H-1B Nonimmigrant Work Visa
Is H-1B CAP moving faster or slower than this time last year? How many have been filed at this point?

Answer #2
Faster. According to the USCIS, H-1B petitions being filed subject to the CAP have doubled since this time last year. As of April 9, 2012, there were approximately 17,400 H-1B Regular CAP subject nonimmigrant visas filed and 8,200 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 #3 – Family Based Immigration
Who is responsible for scheduling the Interview, my fiancé or the Consulate itself?

Answer #3
The Consulate is responsible for scheduling the Interview and will send you notice of the date and time of the scheduled interview.


Question #4 – H-1B Nonimmigrant Work Visa
I filed I-485, am waiting for EAD, my H-1B expires in May 20, can I wait until first week of May to prepare and file the H-1B, in hopes of receiving my EAD in the meantime? I do not want to get any unlawful presence/status. Please advise.

Answer #4
As long as you timely file your H-1B extension, under regulation 8 C.F.R. §274a.12(b)(20), a person lawfully employed under A-3, E-1,E-2,E-3,G-5, H-1B, H-2A/B, H-3, I, J-1, L-1, O-1/O-2, P-1/P-2/P-3, R or TN status who timely files an application for extension consistent with 8 C.F.R. §214.1, is automatically given 240 days from the date of expiration. During 240 days, there is no INA 245(c) bar to adjustment of status. We recommend that you maintain H-1B status while your I-485 is pending as a safety net in case any problems arise in the adjudication of your I-485 petition.


Question #5 – H-1B Nonimmigrant Work Visa
How long does it take for the USCIS to review an H1B case that has been returned by the Department of State? When can we contact USCIS to check on the status?

Answer #5
The USCIS has indicated that when cases are returned to them from the Department of State (DOS), those cases are reviewed and processed when time and resources allow. Accordingly, they are low priority in the eyes of the USCIS. Pursuant to the USCIS National Customer Service Center (1-800-375-5283), you may initiate a Service Request after waiting 180 days from the date your case is returned to the USCIS.


Question #6 – H-1B Nonimmigrant Work Visa
Is a Nurse Practitioner considered a Specialty Occupation? A doctor’s office has given me a job opportunity (I’m on OPT) and I wanted to make sure before I accept that this is doable?

Answer #6
If you have at least a Bachelor’s degree in a specific field and the position requires at least a Bachelor’s degree in a stated filed, then you may be eligible for the H-1B nonimmigrant visa. In the medical industry, most of these occupations require graduate school. This type of position also requires extensive skill, knowledge and experience.


Question #7 – Employment Based Immigration – Green Card
The May visa bulletin shows that priority dates went back to 2007 for my category, EB2, I’m from India. My priority date was August 2010. Please explain to me what “priority date becoming current” means?

Answer #7
In order for an individual to obtain an immigrant visa, a visa number must be available to you. This is referred to as the priority date being "current." 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. This Bulletin is accessible at www.travel.state.gov. If there is a backlog in the preference category in which you were filed in, this means, that you must wait until a visa becomes available, until your priority date becomes current. When your priority date becomes current, you may file the I-485 application, but until then, you must wait. If your priority date was after May 2, 2010, then you will have to wait.


Question #8 – H-1B Nonimmigrant Visa
I have a student on OPT currently working for my company. I need to apply for her H-1B under this CAP. Her OPT expires in August of 2012. Will she have to return home or will she be covered under the “CAP GAP”? I am not sure of eligibility requirements for H1B CAP GAP. Please assist.

Answer #8
H-1B petitions that are timely filed, on behalf of an eligible F-1 student, that request a change of status to H-1B on October 1 qualify for a cap-gap extension. Once a timely filing has been made, requesting a change of status to H-1B on October 1, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. Timely filed means filed within the H-1B acceptance period beginning April 1, 2012. The paperwork (LCA and I-129) must also reflect a beginning employment date of October 1, 2012 to be covered under the CAP GAP.


Question #9 – Employment Based Immigration – Green Card
We appealed a denial of an I-140 Immigrant Petition filed on behalf of one of our employees. How much longer can we expect to wait for a decision to be made?

Answer #9
According to the Administrative Appeals Office (AAO), Appeals filed under the EB2 preference category (Professionals with Advanced Degrees) are currently being reviewed within 23 months of filing the appeal. Appeals filed under the EB3 preference category (Skilled and Professional workers) are currently being reviewed within 36 months.


Question #10 – H-1B Nonimmigrant Work Visa
Can an H-1B applicant change employers during the visa process?

Answer #10
Yes, an H-1B applicant is free to change employers during the visa process, changing H-1B employers is considered an H-1B transfer, and that petition would not be counted against the CAP, unless they are changing from a CAP EXEMPT employer to an employer who is not CAP EXEMPT.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, April 27, 2012!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, March 30, 2012

March 30, 2012

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
I had h1b approved on 8/31/2011. Went to US embassy in Amman, Jordan on 9/21/2011 and still pending administrative processing till now. Any advices or timeline to get cleared.

Answer #1
You may contact the Consulate itself, or request that your Attorney contact the Consulate. Administrative Processing can take as little as a few weeks to several months.


Question #2 – H-1B Nonimmigrant Work Visa
My Optional Practical Training just got declined, I have yet not received the hard copy but, I think the reason is because of my college. Some of my friends also got denial for the opt. Can you please give me some suggestion regarding my opt, can I reapply or can I apply for H1 as H1 will open in April.

Answer #2
You will want to wait and find out the reason the application was denied. You will also want to speak with your school Counselor about the reason for denial. You should speak with an Immigration Attorney concerning the specifics of your case to get a better understanding of any available options remaining.


Question #3 – Naturalization
Please let me know where there are information sessions near Orlando, FL for naturalization info.

Answer #3
Please monitor the following website to find out the next information sessions conducted by the USICS in Orlando, FL.


Question #4 – Student Visa (F1)
I am currently on OPT (F1 Visa) I am planning to get married in this December. Can I bring my wife to USA on dependent visa (F2 Visa) while I am on OPT (F1 Visa) status?

Answer #4
The F2 is reserved for spouse and children of the F1 visa holder. It depends upon a majority of factors – time remaining on OPT, sufficient funds to provide for you and your spouse, proof of intent to return to your home country, etc.


Question #5 – H-1B Nonimmigrant Work Visa
What is the difference between having H-1B status and having an H-1B visa?

Answer #5
H-1B status generally refers to your legal status while in the United States, as the moment you exit the U.S., you are no longer considered in H-1B status. An H-1B visa is a stamp that you receive in your passport when a Consular Officer approves your H-1B petition at a U.S. Consulate overseas. The valid H-1B visa stamp allows you to enter the U.S. as an H-1B nonimmigrant in H-1B visa status.


Question #6 – H-1B Nonimmigrant Work Visa
What is the new 'displacement' or 'no lay-off' attestation rule and how does it apply for those using the H-1B visa?

Answer #6
It is not a new rule. If an employer is H-1B dependent or has been found to have willfully violated their H-1B obligations, the employer has additional attestation obligations regarding the displacement of U.S. workers and its recruitment efforts in addition to the general employer requirements for H-1B visa petitions. H-1B dependent employers who are hiring a non-exempt H-1B employer must declare that they will not displace or lay-off a U.S. worker "in an equivalent job" either within its own workforce or that of another employer. The employer must also make a good faith effort to recruit U.S. workers for the position using industry-wide standards before hiring an H-1B worker.


Question #7 – H-1B Nonimmigrant Work Visa
Can an H-1B dependent employer sponsor my H-1B visa?

Answer #7
Yes.


Question #8 – H-1B Nonimmigrant Work Visa
If am I fired while on an H-1B visa, can I remain in the U.S. for the duration of my visa, or do I need to apply for another visa?

Answer #8
If fired by your employer prior to the end of the duration of your visa status, your employer is responsible for paying your reasonable travel costs back to your home country. You cannot remain in the U.S. for the duration of your visa. You may apply for another visa (i.e., H4 if you have a spouse in the country on H-1B, etc.) or you must exit the country.


Question #9 – H-1B Nonimmigrant Work Visa
What factors determine the prevailing wage for an H-1B beneficiary?

Answer #9
There are several factors: Job Title, work experience, education experience, location of Job opportunity, wage of similar situated employees of employer with similar qualifications and experience, etc.


Question #10 – H-1B Nonimmigrant Work Visa
Can I change my job while I am under the H-1B visa?

Answer #10
Yes, the petition would be referred to as an H-1B transfer. You are allowed to change jobs if you find a new and willing H-1B sponsoring employer. You must file the new H-1B transfer case with the USCIS.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, April 13, 2012!

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

MVP "Immigration Q & A Forum" - This Friday, March 30, 2012

March 26, 2012

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 or the debate focused on Ending Birthright Citizenship, 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, March 30th, 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.

MVP LAW GROUP – Immigration Q&A Forum, Friday, March 2, 2012

March 2, 2012

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Green Card
What is Advance Parole?

Answer #1
Advance Parole is an ancillary benefit that one may apply for when submitting the I-485 Petition to the USCIS. Advance Parole is a travel document that once approved, allows you to exit and re-enter the U.S. while the I-485 is pending.


Question #2 – Temporary Work Visa
If I work for a company with offices overseas, and I want to work for the company in its United States offices, would I apply for a employment based visa? If not, which visa would I apply for?

Answer #2
It depends. You could apply for an H-1B nonimmigrant visa; an L1, Intra-Company Transferee visa; possibly an E1, Treaty Trader visa or an E2, Treaty Investor visa, an E3 Australian visa, or a TN visa, etc. Please contact our office to further discuss your particular situation and which visa would be a better fit for you.


Question #3 – Student Visa
If I am in the country on a student visa, does that prohibit me from working in the U.S. while I’m here because I’m not on an employment based visa?

Answer #3
Temporary/part time work within the school system may be authorized by the designated school official, you should speak with your Counselor in order to determine if you are eligible. Work outside of school is not allowed. OPT status is granted post completion of your F1 student studies.


Question #4 – Green Card
How is “extraordinary ability” determined for the EB-1 green card category?

Answer #4
To qualify under this category the individual should be one at the "top of her/his field of endeavor,” as demonstrated by national or international acclaim which should be recognized through extensive documentation. The alien should continue to work in the same field and provide proof of how s/he would substantially benefit the U.S. prospectively. The law provides that receipt of the Nobel Prize or at least three types of evidence from the list below are needed to satisfy the criteria.
Note that the submitted documentation must relate to and support the specific case presented to the USCIS.
1.Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
2.Documentation of the alien's membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields.
3.Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
4.Published material about the alien in professional or major trade publications or other major media, relating to the alien's work in the field for which classification is sought.
5.Evidence of the alien's authorship of scholarly articles in the field, in professional or major trade publications or other major media.
6.Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field.
7.Evidence of the display of the alien's work in the field at artistic exhibitions or showcases.
8.Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales.
9.Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field.
10.Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.


Question #5 – Business Visa (B1)
If from a foreign country, but I have invested in a United States based business, can I apply for a business (B-1) visa?

Answer #5
You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:
(i) Consulting with business associates;
(ii) Traveling for a scientific, educational, professional or business convention, or a conference on specific dates;
(iii) Settling an estate;
(iv) Negotiating a contract;
(v) Participating in short-term training


Question #6 – Temporary Work Visa
While on an H-1B visa, does the USCIS impose a limit on the amount of time that I travel out of the country?

Answer #6
The USCIS does not necessarily impose a limit on the amount of time that an applicant may spend outside of the U.S., as an applicant is able to recapture the time spent outside of the U.S. However, an applicant should be aware that too much time spent outside of the U.S. may cause the applicant to lose their sponsored H1B employment.


Question #7 – Derivative Nonimmigrant Visa
As an H-4 dependent, am I allowed to go to public school?

Answer #7
H-4 dependents can enroll and attend schools in the U.S. without obtaining a student visa.


Question #8 – Temporary Work Visa
Do professionals such as dentists and doctors qualify for the H-1B visa? Or would they apply for another category of visa?

Answer #8
Professionals such as Dentists and Doctors would qualify for the H-1B nonimmigrant visa. They may also be eligible for other categories of visas.


Question #9 – Green Card
I would like to file I-485(EB2) application for my Green Card. My I-140 has been approved since 2008 with a priority date of 27-Jun-2008. I am from India and my priority date is current now. I am applying for me and my dependent wife. Please advise about the filing fees involved.

Answer #9
If over the age of 14 and under the age of 65, the USCIS filing fee for the I-485 application is $1070.00 per applicant. This filing fee covers the I-485, the I-765, the I-131 and biometrics (fingerprinting).


Question #10 –Temporary Work Visa
How long can I have my H-1B visa for?

Answer #10
An H-1B nonimmigrant visa is valid for a period of 3 years. It may be extended for another three years, resulting in a total of 6 years in H1B nonimmigrant visa status. Under AC21 law, an H-1B nonimmigrant may extend their H-1B visa status further under certain circumstances. Otherwise, at the end of the 6 years, the applicant must return to their country of residence and remain there for a period of one (1) year before they can reapply for a new H-1B visa.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, March 16, 2012!

Please remember to submit your questions/comments on our h1bvisalawyer blog.

MVP "Immigration Q & A Forum" - This Friday, March 2, 2012

February 27, 2012

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, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, 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, March 2nd, 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP LAW GROUP – Immigration Q&A Forum, Friday, February 17, 2012

February 17, 2012

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Green Card
Can you obtain permanent residence outside of the country in which you intend to be a resident?

Answer #1
Yes, this process is called Consular Processing. After the necessary forms are filed and approved by the USCIS, an individual will be scheduled for and attend a visa interview at a U.S. Consulate abroad where a Consular Officer will decide within their discretion if an applicant is eligible to receive the requested benefit.


Question #2 – Immigrant Investor
Until recently, I had never heard of an investor immigrant. Is that a new type of person who is allowed to immigrate? If so, what qualifies you to be an investor immigrant?

Answer #2
It is not a new type of visa. USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth. All EB-5 investors must invest in a new commercial enterprise, create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years, and must make a minimum qualifying investment in the United States of $1 million OR a minimum qualifying investment of $500,000 in the U.S. in a high-unemployment area or rural area.


Question #3 – Green Card
What happens to me if the employer goes bankrupt or withdraws my labor certification or visa petition?

Answer #3
You will need to seek new employment/sponsorship and/or leave the country.


Question #4 – Green Card
What is the “Green Card Lottery”?

Answer #4
The congressionally mandated Diversity Immigrant Visa Program (“Green Card Lottery”) makes available up to 55,000 diversity visas (DVs) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States.


Question #5 – Temporary Visas
Will a criminal conviction impair my ability to receive a temporary visa?

Answer #5
It depends upon the type of criminal conviction. Depending upon the seriousness of the criminal conviction, it is possible to be inadmissible and/or deportable for certain criminal convictions – crimes of moral turpitude, crimes involving domestic violence.


Question #6 – Green Card
If I lose my green card, how do I go about replacing it? Is there a fee to replace it?

Answer #6
Yes, there is a standard procedure in place if you lose your Green Card. You will need to apply with the USCIS for a new GC by filing Form I-90, Application to Replace Permanent Resident Card. The fee for replacement is $365.00 plus a biometrics fee of $85.00 made payable to the USCIS.


Question #7 – Green Card
I obtained my green card in 2009, but I know that the USCIS redesigned the green card, so does that mean I need to replace my current green card?

Answer #7
No, you will however, need to renew your GC prior to its expiration. GCs are normally granted for a period of 10 years, unless you received your initial GC through marriage.


Question #8 – Green Card
Are permanent residence cards and green cards the same thing?

Answer #8
Yes


Question #9 – Student Visa
If I am here on an F-1 visa, can I being working even though I’m not on a work based visa?

Answer #9
Generally no, yet it depends. Temporary work within the school system may be authorized by the designated school official, you should speak with your Counselor in order to determine if you are eligible. Work outside of school is not allowed. OPT status is granted post completion of your F1 student studies.


Question #10 – H-1B Nonimmigrant Visa
I am working on OPT. If H-1 B processing time goes beyond validity of OPT, what will happen?

Answer #10
If your H-1B CAP case was filed with a beginning work date of October 1, of the present fiscal year, then you are covered under the CAP GAP. Therefore, you are allowed to remain working until your H1B petition is approved by the Service. If the above does not apply to you, then you should, once your OPT expires - stop working - until your H-1B petition is approved by the Service.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, March 2, 2012!

Please remember to submit your questions/comments on our h1bvisalawyer blog.

MVP "Immigration Q & A Forum" - This Friday, February 17, 2012

February 13, 2012

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, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, 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, February 17th, 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, February 3, 2012

January 30, 2012

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, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, 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, February 3rd, 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, January 20, 2012

January 16, 2012

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, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, 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, January 20th, 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, January 6, 2012

January 3, 2012

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, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, 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, January 6th, 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP LAW GROUP – Immigration Q&A Forum, Friday, December 23, 2011

December 23, 2011

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – H-1B Nonimmigrant Work Visa
After the I-129 was received by uscis for review from the DOS, it was on the post decision stage. now the uscis sent me an email that they mailed a duplicate copy of their decision on the case or the instructions to follow if it is still pending. My case is now on acceptance stage. why is my case back to acceptance stage?

Answer #1
When a case is returned by the DOS to the USCIS, the USCIS is afforded the opportunity to review the case and determine whether to uphold their original decision (approval) or to revoke the approved filing. If they decide to revoke the petition, the USCIS will issue to the Petitioner or Authorized Representative a Notice of Intent to Revoke outlining the reasons for revocation. It is the burden of the Petitioner or Authorized Representation to present evidence to overcome the allegations/reasons for revocation. Since the USCIS is reviewing the case, this could explain why the case status indicates ‘Acceptance Stage.’


Question #2 – H-1B Nonimmigrant Work Visa
How long does it typically take for the USCIS to review an H1 case that has been returned by the Department of State? When can we contact USCIS?

Answer #2
The USCIS has indicated that when cases are returned to them from the DOS, those cases are reviewed and processed when time and resources allow. Pursuant to the USCIS National Customer Service Center (1-800-375-5283), you may initiate a Service Request after waiting 180 days from the date your case is returned to the USCIS.


Question #3 – Travel
I am planning on traveling out of US for short trip. I heard from friends that I may not be able to obtain a new visa stamp for my recently approved I-129 and come back.

Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two months’ worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter, the original approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity, and a legitimate employer-employee relationship.


Question #4 – H-1B Nonimmigrant Work Visa
Any H-1B visas left under quota for this year?

Answer #4
The H-1B FY2012 Quota was reached on November 22, 2011, accordingly, you will have to wait until April 1, 2012 to submit an H-1B CAP petition for employment beginning October 1, 2012.


Question #5 – Employment Based Immigration – Green Card
My Priority date will be current soon. I am prepared to file my I-485, what are the associated USCIS filing fees? Do I have to pay for EAD and AP separately?

Answer #5
You will need to make payment in the amount of $1,070.00 or less depending upon your age, which will cover the I-485 processing, the biometrics, the employment authorization document (EAD) processing and the Advance Parole document (AP) processing.


Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have a student on OPT currently working for my company. Her OPT will expire in July of 2012. I need to apply for her H-1B but wasn’t able to make it under this CAP. Will she have to return home prior to October 1, if I file her under the new cap in April 2012?

Answer #6
According to the regulations, an F-1 student who is the beneficiary of an H-1B petition and who has timely filed a Change of Status petition will have his/her status and work authorization (if in OPT) automatically extended until October 1st of the following fiscal year so that there is no “gap” between the time her F-1 stay would have expired and the October 1 start date for the H-1B.


Question #7 – H-1B Nonimmigrant Work Visa
My current H-1B visa expires on 1/14/2012 and I’ve filed for an extension in late October and received a receipt for it. Can I continue working without the new approval?

Answer #7
Yes, under regulation 8 C.F.R. §274a.12(b)(20), a person lawfully employed under A-3, E-1,E-2,E-3,G-5, H-1B, H-2A/B, H-3, I, J-1, L-1, O-1/O-2, P-1/P-2/P-3, R or TN status who timely files an application for extension consistent with 8 C.F.R. §214.1, is automatically given 240 days from the date of expiration. During 240 days, there is no INA 245(c) bar to adjustment of status.


Question #8 - Employment Based Immigration - Green Card
My priority date is current as of the January 2012 visa bulletin. I heard through various forum posts that we can call them and provide details of our case so that based on first come first call they would process and issue the GC faster, is this true?

Answer #8
You cannot call the USCIS to speed up the processing/issuance of your Green Card. Priority dates were established for this exact purpose. Each individual has a specific priority date which was issued to them when their Labor application was submitted to the Department of Labor (DOL). Only when the applicant’s priority date becomes current will the USCIS begin to process the applicant’s I-485 paperwork and thereafter may issue the Green Card.


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 processes. 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 – Temporary Work Visa – TN Visa
What is required to obtain a TN visa at the border? What documents do I need to have to get the visa?

Answer #10
You must establish that the position in question requires the employment of a person in a professional capacity, consistent with the NAFTA Chapter 16, Annex 1603, Appendix 1603.d.1. You will need to carry your educational documents (degree/transcripts/license, if applicable) and work experience documents (experience letters, resume, tax documents, etc.) to evidence your qualifications for the position. You will also need to present an offer letter and/or employment agreement from the company which clearly explains the position you are seeking to be employed in.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, January 6, 2012!
Please remember to submit your questions/comments on our h1bvisalawyer blog.

Updated List: SEVP Approved Schools as of December 16, 2011

December 20, 2011

The United States Immigration and Customs Enforcement (ICE) recently updated the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, attend a visa interview at a U.S. Consulate, and enroll in a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website. If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP/student visa, please contact our office to schedule a consultation.

MVP LAW GROUP – Immigration Q&A Forum, Friday, December 9, 2011

December 9, 2011

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – H-1B Nonimmigrant Work Visa
On my H-1B visa, because I am not yet a citizen of the United States, do I still pay federal taxes?

Answer #1
If you are in the U.S. on a nonimmigrant work visa, you pay federal taxes. As an employee of a U.S. company, the employer is responsible for withholding the applicable taxes from your paychecks in accordance with the laws. You must pay federal and state income taxes - You must report all wages, salaries, and tips even if you do not get a Form W-2 from your employer. You must also report all your taxable interest, including interest from banks, savings and loans, credit unions, etc., even if you do not get a Form 1099-INT.


Question #2 – H-1B Nonimmigrant Work Visa
I am from Egypt and working as physical therapist from 10 years and I want to find job as P.T in USA. I am unlicensed P.T in USA. I need H1B Visa. Please answer me. Thanks.

Answer #2
The H-1B FY2012 Quota has been reached, accordingly, you will have to wait until April 1, 2012 to submit an H-1B CAP petition for employment beginning October 1, 2012. You will need to find a sponsoring employer to sponsor your H-1B petition. You will need to come to the U.S. to sit for a licensing exam before acquiring your PT license in the U.S. Once you have a sponsoring employer we can assist you, but we cannot assist you until you find a sponsoring employer.


Question #3 – Travel
My husband works under the visa f1/opt, my son and I have f2 visa. Recently, my husband's company began the process for H1b visa, current status, December 2011, is "initial review.” We would like to leave the country, during this month of December.My questions are: Do our visas and F opt, are still in effect and are valid, while the H1b visa is in the initial review? Can we leave the country and re-enter without any problem? We have the passport, I20 and I94 in order.

Answer #3
I would highly recommend not departing the U.S. while you have an application pending for Immigration benefits. If you do leave the country while your application is pending, the USCIS can consider your departure an abandonment of your case and hence will not approve the extension of status for you, requiring you to obtain visa stamping.


Question #4 – H-1B Nonimmigrant Work Visa
Any H-1B visas left for this year?

Answer #4
The U.S. Citizenship and Immigration Services (USCIS) announced November 23, 2011 that it received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2012. USCIS notified the public that November 22, 2011 was the final receipt date for new H-1B specialty occupation petitions for FY2012. USCIS will reject cap-subject H-1B petitions that arrive after November 22, 2011.


Question #5 – General
If I am in the country on an H-1B visa and I decide to attend college here in the United States, can I continue to work for my H-1B sponsor?

Answer #5
There is a legacy INS letter that states that there is nothing that prevents an H-1B nonimmigrant from attending school so long as it is incidental to the H-1B status. The gist of it is that the main purpose of the individual's stay in the US has to be to work for the H-1B employer. Taking classes on the side will not interfere with that unless it becomes the main purpose. In other words, if it's not specifically prohibited by the regulations, it's permitted.


Question #6 – General
What is the difference between a person who applies for a first preference EB-1 and a person that applies for an H-1B?

Answer #6
The EB1 preference category is a Green Card preference category reserved for Individuals with extraordinary ability in the sciences, arts, education, business or athletics; and Outstanding professors or researchers.
The H-1B is a temporary work visa for nonimmigrants; this nonimmigrant work visa is reserved for individuals who qualify for ‘Specialty Occupations.’ Specialty Occupations are defined as those that require a theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.


Question #7 – H-1B Nonimmigrant Work Visa
Can an H-1B applicant change employers during the visa process?

Answer #7
Yes, an H-1B applicant is free to change employers during the visa process, changing H-1B employers is considered an H-1B transfer, and that petition would not be counted against the CAP, unless they are changing from a CAP EXEMPT employer to an employer who is not CAP EXEMPT.


Question #8 – General
What is the State Department Diversity Visa Program (DV-2013)?

Answer #8
The congressionally mandated Diversity Immigrant Visa Program makes available up to 55,000 diversity visas (DVs) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States.


Question #9 –H-1B Nonimmigrant Work Visa
As a religious worker looking to apply for a visa, do I need to be sponsored by a religious organization prior to applying, or is that only necessary for other professions?

Answer #9
According to the Department of State, Religious workers include persons authorized, by a recognized employing entity, to conduct religious worship and perform other duties usually performed by authorized members of the clergy of that religion, and workers engaging in a religious vocation or occupation. The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S.; the religious denomination and its affiliate, if applicable, are either exempt from taxation or qualifies for tax-exempt status; and the applicant has been a member of the denomination for two years immediately preceding applying for religious worker status. The applicant is planning to work as a minister of that denomination, or in a religious occupation or vocation for a bona fide, non-profit religious organization (or a tax-exempt affiliate of such an organization).There is no requirement that individuals applying for "R" visas have a residence abroad that they have no intention of abandoning. However, they must intend to depart the U.S. at the end of their lawful status, absent specific indications or evidence to the contrary. The applicant has resided and been physically present outside the U.S. for the immediate prior year, if he or she has previously spent five years in this category.


Question #10 – H-1B Nonimmigrant Work Visa
If I am a medical professional, and I want to obtain an H-1B visa, what requirements are there for me to practice medicine in the U.S.? Do I need to pass any specialized examinations?

Answer #10
Depending upon your medical profession, you will need to pass any applicable examinations and also obtain the required license to practice in the medical field in the United States.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, December 23, 2011!
Please remember to submit your questions/comments on our h1bvisalawyer blog.

MVP LAW GROUP – Immigration Q&A Forum, Friday, November 25, 2011

November 25, 2011

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – H-1B Nonimmigrant Work Visa
Any H-1B visas left?

Answer #1
As of November 18, 2011, there were approximately 3,200 H-1B Regular CAP subject nonimmigrant visas remaining and the H-1B Masters CAP has been reached. USCIS will continue to accept cap-subject 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. Petitions filed on behalf of beneficiaries who have obtained a U.S. master’s degree or higher will be counted against the regular cap once USCIS has received sufficient petitions to reach the advanced degree exemption.


Question #2 – Family Based Immigration – Green Card
Can I bring siblings with me to the United States when I apply for a green card?

Answer #2
Siblings (Brothers/sisters) are considered a family based preference category and would have to ‘wait in line’ to come to the United States once an Immigrant Petition is first filed on their behalf by a sponsoring relative. Therefore, no your siblings cannot accompany you to the United States when you apply for a green card.


Question #3 – General
If my visa was denied, can I apply again? If so, how soon can I apply again?

Answer #3
Yes, you can apply again, but you should consider the grounds (reasons) for denial of the visa prior to applying again. If you are able to overcome the grounds for denial then maybe you should consider re-applying. We would recommend that you speak with an experienced Immigration Lawyer before re-applying to further discuss your specific situation.


Question #4 – Family Based Immigration – Green Card
I am a US legal permanent resident with a green card, can I get divorced and keep my green card?

Answer #4
It depends. How did you become a Lawful Permanent Resident (LPR), through employment or marriage? If through employment, you should be able to obtain a divorce and legally keep your green card. If through marriage, it depends upon how long you have already been an LPR. If you are still a GC holder within the first two years of marriage, you will have to file Form I-751, Petition to Remove the Conditions of Residence and if you do not, you will be removed. If you are still married, the petition should be filed jointly by you and the spouse through whom you obtained conditional status. However, you may apply for a waiver of this joint filing requirement if: (a) you entered the marriage in good faith, but your spouse subsequently died; (b) you entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment; (c) you entered the marriage in good faith and have remained married, but you have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or (d) the termination of your status and removal would result in extreme hardship. You will have to provide proof of your reason for applying for the waiver.


Question #5 – General
Will a criminal offense prevent me from becoming a lawful permanent resident in the United States?

Answer #5
The Immigration and Nationality Act (INA) recognizes three categories of crimes that can place a non-citizen at risk of deportation or prevent a non-citizen from ever becoming a lawful permanent resident. (1) Aggravated felonies are the most serious crimes and are specifically defined by statute in the INA. Because of the sentence imposed by the state criminal court, some common misdemeanor crimes can be considered aggravated felonies for immigration purposes. These crimes include theft and crimes of violence. For both of these crimes a non-citizen can be placed in deportation proceedings and deported from the United States, if the person is sentenced to more than one-year imprisonment, including any suspended time. A “crime of violence” is a term vaguely defined by the United States Code and could include convictions for assault in the fourth degree and felony driving under the influence. (2) Crimes of moral turpitude are the second category of crimes that can impact a non-citizen’s ability to remain in the United States. Generally, a crime of moral turpitude is defined as a crime that encompasses a base or vile act. Although the case law interpreting the term is not entirely uniform, the following types of crimes have been held to involve moral turpitude: crimes (felonies or misdemeanors) in which either an intent to defraud or an intent to steal is an element; crimes (felonies or misdemeanors) in which there is an element of intentional or reckless infliction of harm to persons or property; felonies, and some misdemeanors, in which malice is an element; sex offenses, in which some “lewd” intent is an element. Thus, murder, rape, voluntary manslaughter, robbery, burglary, theft, arson, aggravated forms of assault, forgery, prostitution and shoplifting have all been consistently held to involve moral turpitude. (3) A third category of crimes specifically listed in the INA may either trigger deportation or prevent a non-citizen from attaining lawful permanent resident status. Crimes included in this category include violations of any law relating to a controlled substance, domestic violence convictions, judicial determinations of protective order violations and convictions under any law of purchasing, selling, using or possessing a firearm or destructive device.


Question #6 – General
I am on H-1B, just filed I-485, with my pending I-485, can I invest in stocks?

Answer #6
Yes, as an H-1B nonimmigrant, you may own real estate property; you may also invest money in stocks, bonds and mutual funds.


Question #7 – H-1B Nonimmigrant Work Visa
My husband’s petition for nonimmigrant I129 was returned to USCIS for review. It has been 4 months since USCIS received the petition from DOS. How long will we wait for the reaffirmation?

Answer #7
There is no set period of time for the USCIS to review a case that has been returned to them by the Department of State (DOS). The USCIS commonly provides the following response when you request information concerning a case returned to them from a U.S. Consulate: The Petitioner for Non-Immigrant Worker Form I-129 was returned to this office from a U.S. Consulate and is currently pending review. Our office processes these cases as our resources and priorities allow. I would recommend following up with the USCIS National Customer Service Center, 1-800-375-5283 every thirty days to see if any decision has been made. I would wait 6 months before initiating a Service Request with the USCIS.


Question #8 – General
I have to travel to India during the months of February and March 2012…do I have wait for Advance parole to process (How long does it take to approve I-131?) or take appointment at an Indian consulate
a. Do we have to do anything to expedite the process?
b. Since I will be in the midst of green card processing, does the process jeopardize my visa stamping (if my I-131 is not approved by that time)

Answer #8
a. You cannot expedite the process unless you are traveling for medical reasons, death, etc. The processing time is currently 2-3 months for an approval of the I-131. You can only receive the Advance Parole (AP) document while in the U.S., you cannot receive it at an Indian consulate.
b. The GC and the H-1B are two entirely different programs – GC for permanent residency; H-1B for temporary employment. As long as you have a valid underlying H-1B visa and you continue to be employed by the H-1B sponsor, you may still travel on the H-1B visa if your AP is not approved by the time of your intended travel.


Question #9 –H-1B Nonimmigrant Work Visa
I'm currently on F-1 (OPT), and the company I work for just started the process to sponsor me an H-1B visa on 11/18/2011. My OPT will expire in June 2012. I wonder if my H-1B petition will be denied given that my mother filed the I-130 for me in 2009 and I have a family member who is a US citizen. Thanks for your assistance.

Answer #9
Your H-1B petition should not be denied because your mother previously filed an I-130 petition for you or for the mere fact that you have a family member who is a U.S. Citizen.


Question #10 – General
Any update on prevailing wage determinations from the Department of Labor?

Answer #10
The Office of Foreign Labor Certification has provided the following update to the public on the issuing of prevailing wage determinations:

PERM: Became current the week of October 23, 2011
H-1B: Became current the week of November 6, 2011
H-2B: Anticipated becoming current the week of November 27, 2011

“Current” carries a different meaning in each program. A prevailing wage determination is “current” in the PERM and H-1B programs when it is issued within 60 days of submission. For H-2B prevailing wage determinations, “current” is within 30 days of submission in accordance with the program’s regulations. These dates may be subject to change based on actions not anticipated by the Department at this time, such as any additional judicial determinations or legislative actions. PWD appeals (redeterminations and Center Director Reviews) are being processed as resources allow, with priority placed on becoming current on initial PWD requests in each of the respective program areas.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, December 9, 2011!

Please remember to submit your questions/comments on our h1bvisalawyer blog.

MVP "Immigration Q & A Forum" - This Friday, November 11, 2011

November 7, 2011

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, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, 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, November 11th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Updated List: SEVP Approved Schools as of October 31, 2011

November 2, 2011

The United States Immigration and Customs Enforcement (ICE) recently updated the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, attend a visa interview at a U.S. Consulate, and enroll in a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website. If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP/student visa, please contact our office to schedule a consultation.

MVP "Immigration Q & A Forum" - This Friday, October 14th, 2011

October 10, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, October 14th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP LAW GROUP – Immigration Q&A Forum, Friday, September 30th, 2011

September 30, 2011

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Employment Based Immigration – Green Card
My priority date is current according to October Visa Bulletin. I want to apply for I-485, regarding my birth certificate – it is not available and as I understand it, I need to have a certified birth certificate in order to apply. Can I submit something else? Any suggestions?

Answer #1
A certified copy of an original Birth Certificate is requested (if you do not have an original BC, please obtain either a non-availability certificate or a re-issued BC), in addition, if your BC is not registered within a year of your birth, please obtain two birth affidavits.


Question #2 – Temporary Work Visa – H-1B Nonimmigrant Visa
On F1/OPT, my employer filed an H-1B for me back in July, no decision yet. Am I covered under “cap gap”?

Answer #2
H-1B petitions that are timely filed, on behalf of an eligible F-1 student, that request a change of status to H-1B on October 1 qualify for a cap-gap extension. Once a timely filing has been made, requesting a change of status to H-1B on October 1, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed. Timely filed means filed within the H-1B acceptance period beginning April 1, 2011. The paperwork (LCA and I-129) must also reflect a beginning employment date of October 1, 2011 to be covered under the CAP GAP.


Question #3 – Family Based Immigration – Green Card
What is the age limit on USC sponsoring foreign parent or foreign relative?

Answer #3
For parents of U.S. Citizens – the U.S. Citizen Petition must be at least 21 years of age. (Immediate relatives of U.S. citizens may immigrate to the United States in unlimited numbers. Currently, there is no annual limit or quota that applies to this category.)
For sisters and brothers of U.S. Citizens – the U.S. Citizen Petition must be at least 21 years of age. (Depending on the demand, these individuals will most likely have to wait in line, possibly for many years, prior to being able to obtain a green card.)


Question #4 – Employment Based Immigration – Green Card (AC-21)
I have an approved I-140 filed by my previous company and they also submitted my I-485 back in 2007. I have since moved onto employment with another company on my EAD. Can I file AC21 Portability letter?

Answer #4
You may be eligible to file an AC21 106(c) Portability Request if the new position/duties are the same or substantially similar to the position/duties listed in your Labor application certified by the DOL.


Question #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain for the H1B CAP?

Answer #5
The USCIS has not provided an updated on the receipt of H-1B CAP subject petitions since September 9, 2011. As of September 9, 2011, there were approximately 32,800 H-1B Regular CAP subject nonimmigrant visas remaining and 3,300 H-1B Masters Exemption nonimmigrant visas remaining. 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 #6 – Employment Based Immigration – Green Card
Has the suspension been lifted for the issuance of Prevailing wage determinations? I am hearing conflicting information on the internet – forums.

Answer #6
As of September 30, 2011 – More AILA members are beginning to receive PERM prevailing wage determinations for requests that were submitted in early July 2011 (OES based). Notice has not yet been provided by the DOL that the suspension has been lifted.

As of September 15, 2011 - DOL Liaison has received reports that AILA members are beginning to receive PERM prevailing wage determinations for requests that were submitted as recently as June 23, 2011.

As of September 9, 2011 - Of the approximately 3,500 H-2B wage redeterminations to be completed by the end of September, DOL has completed approximately 2,700. DOL expects to be current on H-2B redeterminations by the week of Sept 18, 2011. After H-2B redeterminations are current, a few employees will continue to work on “straggler” H-2B cases and all others who were working on redeterminations will be reassigned to work on new H-2B prevailing wage requests. DOL expects H-2B prevailing wage determinations to be current (regulatory 30 days) by mid-October. After H-2Bs are current, DOL will shift resources to focus on PERM prevailing wage requests. DOL commits to have PERM prevailing wage requests current (processed within 60 days of filing) by November 1. DOL commits to have H-1B prevailing wage determinations current by the second week of November. The aforementioned dates were said to be the “worse case scenario,” absent something catastrophic (e,g. hurricane) or other major event/change. DOL agreed that stakeholders would benefit from updates on progress made toward these processing targets, and would consider publishing an update on the status of prevailing wages at the end of September on the OFLC website. DOL repeated that it will not waive any of the regulatory requirements and did not provide any additional guidance on alternative avenues for PERM cases that are ripe for filing but for the lack of a prevailing wage determination.

As of August 25, 2011 - The Department of Labor (DOL) Liaison has received reports from members that PERM prevailing wage determinations are beginning to be received for requests submitted in early June 2011. Additionally, the American Immigration Lawyers Association (AILA) has been in discussions with other stakeholders on possible courses of action, including individual mandamus actions, if DOL does not resume issuing prevailing wage determinations promptly.

Original Update: The OFLC National Prevailing Wage Center is experiencing delays in processing prevailing wage determinations as it is currently working to reissue certain determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. A Notice of Proposed Rulemaking was published in the Federal Register on June 28, 2011, and a Final Rule was published on August 1. All Center resources are currently being utilized to comply with this court order. The processing of Prevailing Wage Determinations, redeterminations, and Center Director Reviews has been temporarily suspended. Processing will resume as soon as full compliance with the court order has been completed by OFLC.


Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
I live in VA and my driver’s license is expiring. What do I need to do? My H1B extension is pending and I need to renew my license soon, like in three weeks! Any suggestions?

Answer #7
Information provided by the Virginia Department of Motor Vehicles website - If you are authorized to be in the U.S. temporarily and have been issued a limited duration driver's license, the license cannot be renewed. A subsequent license will be processed as an original license. However, you will not be eligible to receive an original driver's license if your authorized stay in the U.S. is less than 30 days from the date you apply. Each time you apply for an original driver's license you must show two proofs of identity (one proof of identity if under age 19), one proof of legal presence and one proof of Virginia residency. Proof of your social security number (if you have been issued one) is required also. If you present a valid legal presence document without an expiration date, you will be issued a limited duration license that is valid for one year. This does not apply to a U.S. birth document since it does not contain an expiration date. Foreign applicants applying should present the following - USCIS form I-797 displaying applicant’s name (Depending on the purpose and nature of the form, the I-797 may not be accepted. The I-797 for an I-765 petition is not accepted); and an unexpired foreign passport with an Unexpired or expired U.S. visa and unexpired or expired I-94. You most certainly can upgrade your filing to Premium Processing.


Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
One of our consultants is nearing his 6th year on H-1B visa status, but he has an approved I-140 filed by a different company. Is it possible to use that approved I-140 to get a three year extension with our company.

Answer #8
Yes. Pursuant to AC21 law, an H-1B immigrant may extend his or her status beyond the 6 year limitation if a labor certification, I-140, or employment based adjustment of status application has been filed where 365 days or more have elapsed since the filing of the labor certification or I-140. Or, where the H-1B immigrant has an I-140 petition which has been approved under the employment based green card and the AOS/485 is pending due to the unavailability of visa numbers.


Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
Similar question to #7. I live in MD and my driver’s license is expiring. My H1B extension is pending and I need to renew my license. Any suggestions?

Answer #9
Information provided by the Maryland Department of Transportation, Motor Vehicle Administration website - If you hold a Maryland Driver’s License with the “T” restriction indicating that your license is a Limited Term driver’s license, expiring on the date that your lawful status in the U. S. expires, you will be required to provide new or extended proof of your lawful status. You will be required to provide proof of a social security number (SSN) that can be verified by the Social Security Administration, or proof of ineligibility for an SSN. The name(s) on the actual Social Security Card or other acceptable document used to provide proof of a valid, verifiable SSN or proof of ineligibility MUST match the source document(s) used to provide proof of the applicants' Age and Identity and licensure if required. If you held a valid Maryland driver's license, permit or identification card prior to April 19, 2009, you may be eligible for a subsequent license, permit, or identification card without proof of lawful presence or social security number, but it will not be acceptable for official federal purposes. (1) Please check your renewal notice for any errors. (2) Present your renewal notice, expiring license, and fee in person to any one of the MVA locations. (3) Pass a vision screening (4) Present new lawful status documentation if your Maryland license is expiring due to the expiration of your lawful status. You most certainly can contact the MVA itself and ask if that facility would accept your I-129 receipt notice as proof of your pending extension or upgrade your filing to Premium Processing.


Question #10 – Employment Based Immigration – Green Card
We appealed a denial of I-140 Immigrant Petition filed on behalf of one of our employees. How much longer can we expect to wait for a decision to be made?

Answer #10
According to the Administrative Appeals Office, Appeals filed under the EB2 preference category (Professionals with Advanced Degrees) are currently being reviewed within 31 months of filing the appeal. Appeals filed under the EB3 preference category (Skilled and Professional workers) are currently being reviewed within 35 months.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, October 14th, 2011!

Please remember to submit your questions/comments on our h1bvisalawyer blog.

MVP "Immigration Q & A Forum" - This Friday, September 30th, 2011

September 26, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, September 30th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP LAW GROUP – Immigration Q&A Forum, Friday, September 16th, 2011

September 16, 2011

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain for the H1B CAP?

Answer #1
As of September 9, 2011, there were approximately 32,800 H-1B Regular CAP subject nonimmigrant visas remaining and 3,300 H-1B Masters Exemption nonimmigrant visas remaining. 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 – Employment Based Immigration – Green Card
Does green card processing duration depends on the country of birth or country of nationality? (I am asking this because I am a Pakistani National but born in United Arab Emirates so wanted to know if my processing will take less time or not)

Answer #2
It is based on country of birth. Since you are not from China, India, Mexico or the Philippines, your case would fall under ‘All Chargeability Areas’ and the time period whether from Pakistan or the United Arab Emirates would be the same.


Question #3 – Marriage Based Immigration –Green Card
I am marrying a United States citizen in a few weeks, do you know when I can expect to have my interview and eventually get my green card?

Answer #3
Once you have married and have submitted your paperwork to the USCIS, it is taking approximately 4-6 months nationwide to obtain an interview appointment. This is an estimate as all cases are not the same and the circumstances in one case may be different than in another. If there are any prior marriages, criminal charges, or other circumstances that could affect the case, processing may take even longer.


Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
We are a new company utilizing the H-1B temporary work nonimmigrant visa program. Quick question: it’s okay to give copies of the entire petition to the H-1B employee once approved?

Answer #4
You MUST provide each applicant with a complete copy of the entire petition (including the LCA), it is a REQUIREMENT, and you must retain a complete copy of the petition within the applicant’s immigration file (public access file).


Question #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have transferred my H1 from Employer A to Employer B and it got denied. Employer B has appealed the denial. Now my question is: Can I go out of US and come back when appeal is in process. If so what will be option?

Answer #5
Depending upon your I-94 card, if it has expired, you need to depart the country, as receiving a denial leaves you without a valid nonimmigrant visa status, in violation of U.S. immigration laws and can negatively affect your re-entry to the U.S. in the future. You will either need to wait in your home country or elsewhere until a decision is made, or until you find another sponsoring employer willing to sponsor your H-1B nonimmigrant visa for temporary employment in the United States.


Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
Same set of facts as above. What will be approximate processing time for appeal to be decided?

Answer #6
The current processing time for an H-1B appeal is 21 months.


Question #7 – Employment Based Immigration – Green Card
I’ve been working at my current company for nearly 5 years and have a bachelor’s degree in EE. Can I change jobs within the company after the five year mark and be able to use the experience for my current job towards my labor certification and moving to an EB-2 category?

Answer #7
No, you cannot use the experience obtained in your current job to apply for another position within the same company. The experience needed for EB-2 classification cannot be from your current employer.


Question #8 – Employment Based Immigration – Green Card
Is it possible to apply for Green Card for me and my wife in parallel to H1 and H4?

Answer #8
Yes, it is possible to initiate a GC case parallel to the H-1B/H4 proceedings if there is a legitimate permanent position available within the company and the employer is willing to sponsor you for the permanent position.


Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
My OPT Extension Period ends on May 15, 2012 also my student visa expires on the same day. Do I have to apply for H1 this year or can I apply next year?

Answer #9
If your employer wishes to continue your employment, they should file an H-1B petition on your behalf under the FY2012 Cap which opened on April 1, 2011 and is still available. Employment does not begin until October 1, 2011; if however, the CAP is reached within the next few days, you will not be able to petition again until next year and will begin to accrue unlawful status unless you transfer to another nonimmigrant visa status or return to your home country once your OPT expires.


Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
After graduation I worked for a company ‘A’ as a database administrator using my optional practical training /OPT/ for less than a year. Initially I was on a student visa until my employer sponsored me for a H1B visa, which was successfully selected to an H1B visa status and to begin in October 2011. Unfortunately for personal reasons I left USA and returned to my country on the 28th of August. On August 31, 2011 the H1B visa was terminated by my former employer. At this time I have another employment opportunity stateside and wish to reclaim my visa status. I’m writing you to get information as to what I can do to return my status for the H1B visa. Can you please provide me with any information on the process required to do this? Does my future employer need to sponsor me as before? Currently I’m in my home country, is it possible to do this from here? How long does the procedure take? I hope you can help me with my situation.

Answer #10
The normal process for H-1B sponsorship starts when you or your employer contacts our office to initiate the process. Your employer would contact our office, discuss the regulations and expectations of H-1B sponsorship, and sign a legal agreement detailing the legal fees associated with the preparation and filing of the H-1B visa petition. An H-1B questionnaire and documents checklist will be emailed to you for your review and completion. You would then complete the H-1B questionnaire, and send all requested background documents to our office to begin the process. Once the legal payment, the completed questionnaire and background docs have been received in our office, we would be able to begin preparing your paperwork. Once your forms have been prepared and thoroughly reviewed, we email the final documents to your sponsoring employer for their review, signatures and posting requirements. These forms must then be returned to our office with the requisite USCIS filing fees, and will be filed on your behalf with the USCIS. Upon receipt of the H-1B petition, the USCIS will issue a receipt notice containing a specific number which will allow you to monitor your case while it is being processed. It is possible for our office to prepare and file your paperwork while you are in your home country. If the case is filed under regular processing, a decision will be made in approximately 3-4 months. If the case is filed under premium processing, a decision should be made within 15 calendar days after submission of the case unless an RFE is issued.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, September 30th, 2011!

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

MVP "Immigration Q & A Forum" - This Friday, September 2nd, 2011

August 29, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, September 2nd, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, August 19th, 2011

August 15, 2011

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, or the debate focused on Ending Birthright Citizenship, 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, August 19th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

LATEST UPDATE: H-1B FY2012 CAP COUNTS

August 4, 2011

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 July 29, 2011, 22,700 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of July 29, 2011, 13,800 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 2012 H-1B CAP updates!

MVP "Immigration Q & A Forum" - This Friday, July 22nd, 2011

July 18, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, July 22nd, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, June 24th, 2011

June 20, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, June 24th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, June 10th, 2011

June 6, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, June 10th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP "Immigration Q & A Forum" - This Friday, May 27th, 2011

May 23, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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 27th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP LAW GROUP – Immigration Q&A Forum, Friday, May 13th, 2011

May 13, 2011

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Are there any H1B nonimmigrant visas remaining?

Answer #1
As of May 6th, 2011, there were approximately 54,800 H-1B Regular CAP subject nonimmigrant visas remaining and 12,700 H-1B Masters Exemption nonimmigrant visas remaining. 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 – Employment Based Immigration – Green Card
My Priority date will be current soon. I am currently on EAD through my spouse’s I-485 filing and wish to file my I-485 when my priority date becomes current. Can I file while on EAD or do I need to obtain an H-1b or stop working and get an H4? I apologize, I have been reviewing forums and they all say different things.

Answer #2
Based on the limited facts you have provided… pursuant to Section 245, you would be considered a restricted alien– (9) any alien who seeks adjustment of status pursuant to an employment based immigrant visa petition under Section 203(b) of the Act…who is not maintaining a lawful nonimmigrant status at the time he or she files an application for adjustment of status. Restricted aliens are not eligible to adjust unless they qualify under 245(k).


Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
I found a company willing to sponsor me, but they asked if I could extend my OPT (I have 8 months remaining) because the attorney said that the process to obtain an H-1B takes longer than that. Is this true? Please help.

Answer #3
The current processing time period for an H-1B petition based on change of status is roughly 3-4 months, with premium processing - 15 calendar days from receipt of the case. The H-1B CAP for FY2012 is still open and you would be able to file under the current quota, so I am not sure where the attorney is obtaining this information from.


Question #4 – Family Based Immigration – Green Card
Are there any types of restrictions on a conditional permanent resident card? Once my husband gets his green card, can he travel (internationally)?

Answer #4
Yes, he may travel internationally provided the trip is less than 6 months out of the year. The restrictions are mostly just the time frame, given most GCs are issued for 10 years, they want to make sure at the end of the two (2) years, prior to renewal of the GC, that you are still in a legitimate marriage and that the marriage was not for fraudulent purposes. Once the two (2) years are over and the conditions are removed after he applies to remove them, he should receive a GC valid for 10 years.

Within 90 days of the two-year anniversary of obtaining conditional residence, you and your husband will be required to file a Joint Petition to Remove Conditions on Residence (Form I-751). Once the conditions are removed, your husband will officially have Lawful Permanent Residence in the US.


Question #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
I found a company willing to sponsor me, but they are strongly considering not sponsoring me due to the costs associated with sponsoring me – lawyer fees, filing fees, etc. Can I pay these fees directly to USCIS and lawyer or can I reimburse my sponsoring company, or arrange some type of payment plan?

Answer #5
NO. Lawyer fees and USCIS filing fees MUST be paid solely by the employer, not by the beneficiary. This action would be in violation of the laws governing the H-1B nonimmigrant visa program.


Question #6 – Student – F1 Visa Status
I want my youngest brother to come to USA to go to school; he has mentioned it many times. What do we need to do?

Answer #6
Please visit the following website http://www.ice.gov/sevis/students/index.htm as it will provide the steps for how your brother can obtain an F1 visa to come to the U.S. for school.

The first step for a prospective nonimmigrant student is being accepted for enrollment in an established school which is SEVP certified. There is a list of SEVP certified schools on the website listed above. Therefore, as his first step, your brother must first apply for enrollment at a college of his choice which is listed on the SEVP certified list. Once he has been accepted by that SEVP certified school, he will then need to apply for his F1 student visa. All of the steps for obtaining such status are available on the website listed above, and additional information can be found on this website http://travel.state.gov/visa/temp/types/types_1268.html.


Question #7 – Temporary Work Visa – H-1B Nonimmigrant VisaOne of our employees is nearing his 6th year on H-1B visa status and he has an approved I-140 filed by a different company. Is it possible to use the approved I-140 to get a three year extension with our company?

Answer #7
Yes. Pursuant to AC21 law, an H-1B immigrant may extend his or her status beyond the 6 year limitation if a labor certification, I-140, or employment based adjustment of status application has been filed where 365 days or more have elapsed since the filing of the labor certification or I-140. Or, where the H-1B immigrant has an I-140 petition which has been approved under the employment based green card and the AOS/485 is pending due to the unavailability of visa numbers.


Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
I used all my 6 years on H-1B visa and returned to my country. I have been here for almost 6 months now and have a new job offer. Can I now apply for a new H-1B visa under the current cap to return to U.S.? Please let me know so we can move forward.

Answer #8
According to the regulations, once you have exhausted the 6 year limit on H-1B, you must return to your home country for one (1) year before you can petition again for a new H-1B nonimmigrant visa. However, you may qualify for some other type of nonimmigrant visa.


Question #9 – Employment Based Immigration – Green Card
I have an approved I-140 filed by company A and they also submitted my I-485 back in 2007. I have since moved onto employment with company B on my EAD. Can I file AC21 Portability letter?

Answer #9
You may be eligible to file an AC21 106(c) Portability Request if the new position and duties are the same or substantially similar to the position/duties listed in your Labor application certified by the DOL and company B is willing to take over your Green Card sponsorship.


Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
What document determines how long I can stay legally in the United States: my visa, my I-94 card or the expiration of my current passport?

Answer #10
Short answer: The visa stamp issued by the U.S. State Department displayed in your passport allows you to enter the U.S. at a port of entry. The I-94 card issued by an Immigration Inspector at the port of entry is your admission ticket and displays the time period you are authorized to stay in the United States. If your I-94 card expires and you did not obtain an extension, and you remain in the U.S. without taking further action, this inaction will result in you accruing unlawful presence in the U.S.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, May 27, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

MVP "Immigration Q & A Forum" - This Friday, May 13th, 2011

May 9, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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 13th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP LAW GROUP – Immigration Q&A Forum, Friday, April 29, 2011

April 29, 2011

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Employment Based Immigration – Green Card
How long is the processing of I-140? Will there still be chances of getting I-140 denied even if the worker is labor certified? If yes, what are the grounds?

Answer #1
The processing time for the I-140, Immigrant Petition for Alien Worker is approximately 4 – 6 months or longer depending upon the preference category. The processing times are published monthly by the USCIS. For all EB2 and EB3 filings, a certified labor application is required prior to submitting the I-140 Immigrant Petition. Therefore, the grounds for denial or receiving an RFE from the USCIS would be due to the beneficiary’s eligibility – experience and/or education; and/or the petitioner’s ability to pay – company financials.


Question #2 – Employment Based Immigration – Green Card
How long is the processing of I-485?

Answer #2
The processing time for the I-485, Application to Adjust Status to Permanent Resident is approximately 4-6 months or longer, depending upon the type of I-485 – Employment/ Family Based, etc. However, one must factor in that there are other individuals also waiting for the adjudication of their I-485 application who have earlier priority dates. The processing times are published monthly by the USCIS.


Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
Are there any H1B nonimmigrant visas remaining?

Answer #3
As of April 22, 2011, there were approximately 57,000 H-1B Regular CAP subject nonimmigrant visas remaining and 14,100 H-1B Masters Exemption nonimmigrant visas remaining. 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 #4 – Family Based Immigration – Green Card
I have a U.S. citizen son. At what age can my son petition me for permanent residency? It used to be at age 18. Now it is 20. Is that true?

Answer #4
If the U.S. citizen child is 21 years of age or above, he/she can sponsor his/ her parents for immigration.


Question #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
Our district lawyer planned to convert my H-1B exempt to H-1B cap because it can guarantee me a slot and less RFE. My own lawyer said it is not necessary and I can still retain the H-1B exempt status. Which is more advantageous?

Answer #5
I really do not have enough information to provide you with a sufficient answer. When seeking Immigration benefits with the USCIS, nothing is guaranteed. Therefore, speaking of a less chance of obtaining an RFE is not guaranteed. The USCIS may issue an RFE regardless of whether the petition is CAP exempt or to be considered under the CAP. If the USCIS determines that they cannot make a decision based upon the initial evidence presented in the petition, they will request an RFE regardless. If I were you I would speak with your lawyer about this possible conversion, as it seems as though he knows your case and would know what is best given your current situation.


Question #6 – Student – F1 Visa Status
I have been working for a company on my OPT and now they wish to file for my H-1B. I also just recently got married to a U.S. Citizen. My OPT expires next month and I want to be able to continue to work. Which should I proceed forward with? The H-1B or the family based case?

Answer #6
If you do not file a petition prior to the expiration of your OPT, you will begin to accrue unlawful status and will need to leave the country. Therefore, if you have a valid job offer, you should file an H-1B petition under the FY2012 CAP, which will allow you to remain working after the expiration of your OPT up until the starting date of your H-1B, October 1, 2011.

Given the current time frames for processing of family based immigrant petitions, I do not believe that you would have sufficient time to file and then obtain an EAD to continue working. You may initiate the family based petition at any time.


Question #7 – Temporary Work Visa – L1A Intra-Company Transferee Visa
I am on valid L1A until end of next month. What do I need to show to get grant of approval for extension of L1A status?

Answer #7
You will need to fully document the following: (1) The U.S. company and the foreign company continue to be qualifying organizations; (2) The foreign company employed the applicant in an executive/managerial capacity for at least one year prior to the transfer to the U.S. Company; and (3) the U.S. Company will continue to employ the applicant in the executive/managerial capacity.


Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am in the process of transferring employers and I don’t know if I can get a hold of an ‘end client letter,’ as the project is being run exclusively through the vendor. Can we submit my petition without the end client letter?

Answer #8
You may submit the case without the end client letter; however, you most likely will receive a request for additional evidence (RFE) asking for an end client letter, which will further delay the approval. The most important thing the USCIS wants to see when filing an H-1B petition for third party placement is the contractual placement of the beneficiary and the establishment of a bona fide employer-employee relationship. They want to make sure that the duties the employee will be engaged in at the third party client site are ‘specialty occupation’ duties, and the end client letter attests to that exact information. This was not always the case; however, now a days, there are a lot of companies that take advantage of the H-1B program and place applicants at third party sites and do not retain any employment relationship with them, so much so that the USCIS released a memo back in January of 2010 indicating the acceptable documents to establish the legitimacy of the third party placement. Therefore, in order to obtain an approval, you have to document the above information – ‘contractual placement’ of the applicant and the ‘bona fide employer-employee relationship.’ In the past we have done so without the end client letter, by submitting a vendor verification letter, timesheets and progress sheets from the end client and so forth; however, the strongest most sound evidence is the ‘end client letter.’


Question #9 – Family Based Immigration – Green Card
I am a permanent resident, short of the five years needed for Citizenship. I would like to sponsor my parents for a Green Card; can you please let me know the process?

Answer #9
As a permanent resident, you are currently not able to sponsor your Parent’s Green Cards at this time. Once you apply and are granted Citizenship, then you may apply through the USCIS on behalf of your parents.


Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
Just need some advice. I have a concept for a truly authentic Indian restaurant and wish to sponsor a Chef under the H-1B visa program. Is this possible? What is required? I would be looking to sponsor him under the quota for next year, 2013, as I need this year in order to fully develop, carry out and incorporate my restaurant.

Answer #10
It is possible, if you have the requisite documentation and the concept of the restaurant is dependent upon the qualifications and expertise of the skilled Chef. We have filed numerous Executive Chef petitions through our firm and did not have trouble if the Chef is one who is highly noted for his work, has documentation to prove this, and the concept of the restaurant is focused on the Chef’s work.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, May 13, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

MVP "Immigration Q & A Forum" - This Friday, April 15th, 2011

April 11, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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 15th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

MVP LAW GROUP – Immigration Q&A Forum, Friday, March 4, 2011

March 4, 2011

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 - H-1B Nonimmigrant Visa
I am an H1-B Employee. My PERM and I-140 have been approved. Our company recently moved to a new office within the same Metro area (MSA), same county and just about 10 minutes from earlier office. Is a new LCA required?

Answer #1
Based on the information you have provided, as long as the position title and duties have not changed, you do not need to obtain a new LCA. However, the employer should notify the United States Citizenship and Immigration Service (USCIS) of the change in company address.


Question #2 – Employment Based Immigration - GC
Same facts as above. Is my PERM and I-140 still valid or do I need a new PERM and I-140?

Answer #2
The H-1B nonimmigrant visa program and employment based green card process are two entirely distinct processes so the paperwork used to obtain your H-1B (Form I-129, LCA, etc..) has no bearing on your PERM and approved I-140. However, the employer should notify the USCIS of the change in company address.


Question #3 – Employment Based Immigration - GC
I’ve been working at my current company for nearly 5 years and have a bachelor’s degree in EE. Can I change jobs within the company after the five year mark and be able to use the experience for my current job towards my labor certification and moving to an EB-2 category?

Answer #3
No, you cannot use the experience obtained in your current job to apply for another position within the same company. The experience needed for EB-2 classification must be prior experience.


Question #4 – Green Card
My fiancé is on an H1-B visa and is further along the path to getting a green card. I have my own H1-B visa but if he does get his green card before I get mine, should I be applying to be his spouse through the INS somehow in order to avoid the 3-5 year F2 priority date wait?

Answer #4
If you are only his fiancé, then you cannot be added to his I-140 Petition nor his I-485 Application, unless and until you get married, you cannot be added as a derivative. Once you are his spouse and he has obtained his green card, then yes, you will need to petition by filing Form I-130, Immigrant Petition for Alien Relative and obtain your green card through family-marriage based immigration (F2 classification).


Question #5 – H-1B Nonimmigrant Visa
If my 6 years of H1-B run out, can I transfer immediately to a TN visa (I’m Canadian), and avoid the 1 year waiting period in Canada before reapplying for another H1-B?

Answer #5
You can transfer to TN from H1-B but you are still going to have to wait one full year outside of the United States before being eligible to obtain a new H-1B nonimmigrant visa.


Question #6 – H-1B Nonimmigrant Visa
Can I file an H-1B petition if I am currently under optional practical training on an F-1 visa?

Answer #6
Yes, beginning on April 1, 2011 you are able to file an H-1B petition for the FY2012 with H-1B employment beginning October 1, 2011 through September 30, 2014.


Question #7 – H-1B Nonimmigrant Visa
If I was recently fired while in the country on an H-1B visa, can I stay in the country legally by obtaining a new job or filing for a change of status to a different category?

Answer #7
Yes, you could change jobs if the new employer agrees to sponsor your H1-B for a specialty occupation, this would be called an H-1B transfer. If you wanted to file for change of status there are three visas you could switch to: F-1 if you meet all eligibility requirements, L-2 if you are the spouse of an L-1 nonimmigrant visa holder or H-4 if you are the spouse of an H-1B nonimmigrant visa holder.

Question #8 – H-1B Nonimmigrant Visa
What sort of factors are used to determine the prevailing wage for a beneficiary on H1-B status?

Answer #8
Many factors are used to determine the prevailing wage for a beneficiary on H1-B status. The Department of Labor considers the average wage paid to those in the specialty occupation for the jurisdiction of employment, the level of skill/experience of the applicant, and other industry factors.


Question #9 – Marriage Based Immigration - GC
I am planning to marry my fiancé soon after entering the United Stated on a K-1 visa and I was wondering whether there were any restrictions or limitations on a K-1 visa that I should be aware of?

Answer #9
The main restriction on a K-1 visa is that you and your fiancé must be married with 90 days of him/her entering the country. Additionally, your fiancé would only be issued a two year conditional green card and would have to apply to remove the conditions on his/her permanent residency by proving the legitimacy of the marriage through Form I-751.


Question #10 – Employment Based Immigration - GC
How soon after I begin the employment green card process can my spouse begin working?

Answer #10
It depends upon several factors – where you are in the process, your country of citizenship/chargeability, your priority date and the processing times associated with the I-765, Application for Employment Authorization.


MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, March 18th, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

Updated List: SEVP Approved Schools

January 13, 2011

The United States Immigration and Customs Enforcement (ICE) recently updated the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP/student visa, please contact our office to schedule a consultation.

REMINDER - Submit Your Questions

January 3, 2011

MVP "Q & A Forum" - This Friday, January 7th, 2011

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, January 7th, 2011. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

China Leads Rise in International Student Enrollment in U.S. States

December 14, 2010

According to Open Doors 2010, an annual report published by the Institute of International Education, there has been record growth of international students enrolling in US colleges and universities during the 2009-2010 academic year.

The rise was driven by a 30 percent increase in Chinese students enrolling in the US; Chinese students now account for more than 18 percent of foreign students in the US. The US Department of Commerce found international students contribute around $20 billion to the US economy in addition to their diverse perspectives, talents and ideas.

The Bureau of Educational and Cultural Affairs (ECA) sends emerging US leaders in many fields through an exchange program to more than 160 countries in hopes of promoting understanding. 40,000 individuals participate annually in the program and alumni of the program consist of over 51 Nobel Laureates and more than 340 current and past heads of state and government.

To read the full Open Doors 2010 report, visit www.iie.org/opendoors.

REMINDER - Submit Your Questions

December 13, 2010

MVP "Q & A Forum" - This Friday, December 17th, 2010

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, December 17th, 2010. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

LATEST UPDATE: H-1B FY2011 CAP COUNT

November 18, 2010

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 November 12, 2010, 47,800 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of November 12, 2010, 17,400 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 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.

REMINDER - Submit your questions

November 1, 2010

MVP "Q & A Forum" - This Friday, November 5th, 2010

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, November 5th, 2010. 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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Updated List: SEVP Approved Schools

October 26, 2010

The United States Immigration and Customs Enforcement (ICE) recently updated the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP/student visa, please contact our office to schedule a consultation.

REMINDER - Submit your questions

October 11, 2010

MVP "Q & A Forum" - This Friday, October 15th, 2010

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, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, 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, October 15th, 2010. Act now and submit your questions!

THANK YOU!

MVP LAW GROUP – Q&A Forum, October 1st, 2010

October 1, 2010

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.


Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
What is the grace period on H-1B extension? I reside in California, my current H-1B visa expires on 9/25/2010 and I’ve filed for an extension on 9/7/2010. Got certified mail receipt for it. I was told by my lawyer that I have 240 days grace period when an extension application is pending. I need to have some sort of documentation proof on this fact for my employer. Is there anyway I can obtain it?

Answer #1
Under regulation 8 C.F.R. §274a.12(b)(20), a person lawfully employed under A-3, E-1,E-2,E-3,G-5,H-1B, H-2A/B, H-3, I, J-1, L-1, O-1/O-2, P-1/P-2/P-3, R or TN status who timely files an application for extension consistent with 8 C.F.R. §214.1, is automatically given 240 days from date of expiration. This extension does not apply to persons seeking a change of status. During 240 days, there is no INA 245(c) bar to adjustment of status.


Question #2 – Employment Based Immigration – Green Card
I got my I-140 petition approved. Next step is to apply for AOS. What kind of document I need to have for AOS application?

Answer #2
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 #3 – Temporary Work Visa – H-1B Nonimmigrant 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 #3
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.


Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have some questions to ask about immigration. I am currently on Stem Opt extension and I am a full time employee, my stem opt started on Jan. 15th 2010. I have worked for one client in May 2010 through a vendor and the vendor said they cannot run my payroll directly. I contacted one consultancy but I did not know they are not e-verified. The consultancy got the money from the vendor and they are not enrolling into e-verify now. I am not sure what will be the situation if the non-e-verified company runs my payroll. My current company will apply for my H1 this year. Please advise.

Answer #4
Your current company/present employer should be the one responsible for running your payroll, not the vendor nor the end client. From the information you have provided, it does not seem like you are a direct employee of the vendor or the end client, therefore the only entity responsible for running your payroll is your current company.


Question #5 – Diversity Lottery (DV)
Can I apply for DV now?

Answer #5
Applications for the DV 2012 random lottery will be accepted beginning Tuesday, October 5, 2010 through Wednesday, November 3, 2010. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period. For more information relating to the DV 2010 random lottery, please refer to www.h1bvisalawyerblog.com.


Question #6 – 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 #6
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 #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
Is the H-1B quota still open? Do I still have time to file for an H-1B even though October 1, 2010 is right around the corner?

Answer #7
As of September 24, 2010, there were approximately 25,400 H-1B Regular CAP subject nonimmigrant visas remaining and approximately 5,600 H-1B Masters Exemption nonimmigrant visas remaining. 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 FY2011 H-1B Cap updates, please refer to www.mvp.com.


Question #8 – 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 #8
They are separate 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 #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
I need to file my H-1b as soon as possible, but I am scheduled to leave the country early next week. If I file and leave, will there be any complications? Please advise.

Answer #9
Pursuant to regulation 8 C.F.R. 214.2(h)(15)(i), a person must be in the U.S. when an extension is filed, but may travel abroad while an extension is pending. If the beneficiary is required to travel while the extension is pending, the approval can be sent via cable (or through the PIMS system) to the appropriate consular post upon the Petitioner’s request. We recommend that if you have a pending extension with the USCIS, you do not travel outside of the U.S. unless it is an emergency.


Question #10 – Employment Based Immigration – Green Card
My AP expires today and since i just came back from INDIA, i dont see any travel need for quite some time now hence i am not applying for extension of AP. Is that OK? Or do we need to always apply it before the current one expires. I think we can always apply only on needs basis and do it at a later stage. Will that be fine?

Answer #10
You do not need to apply for the AP prior to the expiration of the current AP. You can always apply at a later date.


MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, October 15, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

REMINDER - Submit your questions

September 27, 2010

MVP "Q & A Forum" - This Friday, October 1st, 2010

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, AZ SB1070, or the debate focused on Ending Birthright Citizenship, 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, October 1st, 2010. Act now and submit your questions!

THANK YOU!

MVP LAW GROUP – Q&A Forum, September 3, 2010

September 3, 2010

Question #1 – Temporary Work Visas – H-1B & L1A/L1B Nonimmigrant Visas
I am a U.S. small business employer. I have read different articles about the new public law and its applicability to nonimmigrant visas, but I am somewhat confused based on what I have read. Does the new public law fee apply to me and my company?

Answer #1
Under Public law 111-230, Employers with 50 or more employees in the U.S., for which more than 50% of their workforce utilize H and L visas are subject to the new fee. Employers to which the Public law is applies will have to pay an additional fee of $2,000.00 for each H-1B filed, in addition to normal USCIS filing fees associated with the H-1B visa. Additionally, Employers are required to pay an additional fee of $2,250.00 for each L1 petition filed in addition to the USCIS filing fees already required. If your company employs less than 50 employees, you are not subject to the new fee. If you are a larger company and have 50 or more employees and have less than 50% of those employees on H1B/L1 visas, then you are not subject to the new fee.


Question #2 – Temporary Work Visas – OPT/F1 to H-1B Nonimmigrant Visa
I am currently on OPT and my 12 months of OPT expired yesterday and I essentially wanted to apply for my H1B before that. When I spoke earlier to my hr manager, she stated that once my labor certification for H1B petition was cleared, I would not have to worry about the dates or me going out of status.

Answer #2
Most importantly, if you have not filed for your H-1B petition at this point, you must STOP working, as you do not have authorization from the USCIS to work. You have a grace period after your OPT expires to either leave the country or file a petition to change status. If your employer is interested in filing for your H-1B nonimmigrant visa, I would recommend that they do so immediately as H-1B visas are still available under the FY2011 Cap. Regardless of whether or not you have a labor certification cleared, you cannot continue working and must immediately make plans to either depart the U.S. or file for a change of status.


Question #3 – Student Visa – F1
I am a Chinese citizen and I would like for my nephew to obtain a college education in the United States. Please let me know what I need to do? Thank you.

Answer #3
Please visit the following website as it will provide the steps for how your nephew can get his F1 visa to come to the U.S. for school. The first step for a prospective nonimmigrant student is being accepted for enrollment in an established school which is SEVP certified. There is a list of SEVP certified schools on the website listed above. Therefore, as his first step, your nephew must first apply for enrollment at a college of his choice which is listed on the SEVP certified list. Once he has been accepted by that SEVP certified school, he will then need to apply for his F1 student visa. All of the steps for obtaining such status are available on the website listed above, and additional information can be found on this
website
.


Question #4 – Temporary Work Visas – H-1B Nonimmigrant Visa
Do non-profits come under the same category as far as H1B is concerned?

Answer #4
If you are the beneficiary of an H-1B nonimmigrant visa for a company that is a not-for-profit, and they have sufficient proof of their non-profit status, then any new H-1B nonimmigrant petition filed by that company is not subject to the annual H-1B nonimmigrant visa CAP. An H-1B petition for new employment can be filed at any time.


Question #5 – Family Based Immigration – Green Card – Marriage Based (K1)
What happens if my wife and I do not file to remove the conditions on her permanent residency?

Answer #5
If you do not apply to remove the conditions near the expiration of her two-year conditional period then the permanent residency automatically expires and she is subject to deportation and removal. To avoid this, within 90 days of the expiration of the conditional period, she must file Form I-751, Petition to Remove Conditions on Residence.


Question #6 –Temporary Work Visas – H-1B Nonimmigrant Visa
I have vacation plans to go to Indonesia in the first week of October 2010. Can I file my H-1B extension petition prior to my departure from the U.S.?

Answer #6
You may file your H-1B extension prior to your departure; however, unless you upgrade your case to Premium Processing, your vacation plans will need to be delayed. When you have a case pending with the USCIS, you CANNOT leave the United States, as they will interpret it as abandonment of your pending case.


Question #7 – Naturalization/Citizenship
I’d like to become a U.S. Citizen, I have been a Green Card holder for the past 7 years, have no criminal background, but am worried about what is to be expected out of me during the citizenship test and interview. Can you provide me with some resources for help to ease my concerns?

Answer #7
As part of the Naturalization Test and Citizenship Awareness, Education, and Outreach Initiative, USCIS will host a Naturalization Information Session at George Washington, Law School - Lerner Hall, 2000 H Street NW, Rooms LL101-LL102 in Washington, DC, 20052 on September 10, 2010 from 6:00pm to 8:00pm to provide accurate information on eligibility requirements and steps to become a U.S. citizen. This event is part of the agency’s ongoing efforts to demystify the naturalization process for immigrants and is just one out of several USCIS hosted information sessions throughout the country. The sessions provide an overview of the naturalization process and detail the contents of the naturalization test, and raise awareness of free USCIS educational resources available for immigrants interested in pursuing U.S. citizenship.


Question #8 – Temporary Work Visas – H-1B Nonimmigrant Visa
What triggers H-1B employer site visits?

Answer #8
There are three ways in which H-1B employer site visits are triggered: (1) site visits conducted as part of a fraud inquiry; (2) site visits conducted as part of a Benefit Fraud Compliance Assessment; and (3) site visits conducted as part of an ASVVP Compliance Review.


Question #9 – Employment Based Immigration – Green Card (AC-21)
I have an approved I-140 filed by my previous company and they also submitted my I-485 back in 2007. I have since moved onto employment with another company on my EAD and do not wish to go back to work for my former employer. What happens if my former employer cancels my approved I-140? Can I file an AC-21 Portability letter?

Answer #9
To answer your first question, if your former employer cancels your approved I-140, then you will have to start the Employment based green card process over from the beginning, unless you have another employment based preference category immigrant petition pending/approved or you filed an AC-21 portability request prior to the cancellation of the approved I-140.

You may be eligible to file an AC21 106(c) Portability Request if the new position/duties are the same or substantially similar to the position/duties listed in your Labor application certified by the DOL and your former employer hasn’t canceled your approved I-140.


Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can I still file for an H-1B nonimmigrant visa, to begin work in the U.S. on October 1, 2010?

Answer #10
As of August 27, 2010, there were 30,100 H-1B Regular CAP subject nonimmigrant visas remaining and 7,000 H-1B Masters Exemption nonimmigrant visas remaining. 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 FY2011 H-1B Cap updates, please refer to our website.


MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, September 17, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

REMINDER - Submit your questions

August 31, 2010

MVP "Q & A Forum" - This Friday, September 3, 2010

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, AZ SB1070, or the debate focused on Ending Birthright Citizenship, 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, September 3, 2010. Act now and submit your questions!

THANK YOU!

Updated List: SEVP Approved Schools

August 5, 2010

The United States Immigration and Customs Enforcement (ICE) recently updated the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP/student visa, please contact our office to schedule a consultation.

REMINDER - Submit your questions

July 19, 2010

MVP "Q & A Forum" - This Friday, July 23, 2010

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, AZ SB1070, or the new debate focused on Ending Birthright Citizenship, 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, July 23, 2010. Act now and submit your questions!

THANK YOU!

Updated List: SEVP Approved Schools

July 13, 2010

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP, please contact our office to schedule a consultation.

MVP LAW GROUP – Q & A Forum, July 9, 2010

July 9, 2010

Question #1 – Marriage Based Immigration – Conditional Permanent Resident
I would like to know the procedure for “removing conditions.” When can I file? I’m married to a U.S. Citizen and my conditional green card is set to expire in May of 2011.

Answer #1
You can file to remove the conditions 90 days prior to the expiration of your second anniversary as a conditional resident. It is very important that you file Form I-751 (Petition to Remove the Conditions on Residence) within the 90 day window of time. If you file too early, the USCIS will send your application back. You may file at any time during the 90 day window, but it is suggested that you file fairly early in the window. If you fail to properly file Form I-751 within the 90 day period, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you and a hearing will be conducted where you will be given the opportunity to rebut the government’s allegations against you.

The items involved in filing the application to “remove conditions” include: a completed Form I-751; USCIS filing fee of $545.00; certified copy of front and back of permanent resident card; evidence of a bona fide relationship; and a detailed cover sheet indicating the contents of the package.


Question #2 - Employment Based Immigration – Green Card
I’m confused. My priority date is current and I want to file my I-485 application. Do I have to pay for both Employment Authorization and Advance Parole; I’ve seen conflicting information on various immigration forums.

Answer #2
Taken verbatim from the USCIS website - If you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization (EAD) on Form I-765 and/or advance parole (AP) on Form I-131. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action receipt as evidence of the filing of an I-485.

Accordingly, for a total of $1,010.00 you may submit Form I-485; Form I-765 and Form I-131 to the USCIS for processing. The filing fees are less for applicants 79+, and for children under the age of 14.

If you would like to renew your EAD and/or AP document, you will be required to pay the associated fees of $340.00 for EAD renewal and/or $305.00 for AP renewal.


Question #3 – General
I am not sure what is going on with my pending I-140 application. I heard that I can contact USCIS and make a service request for them to look further into my case and why it is taking so long. Is this true? How do I do it? Does my employer need to contact them?

Answer #3
The USCIS National Customer Service Center, which can be reached at 1-800-375-5283, will initiate a service request when a petition is outside of the normal processing time if the request is made by the sponsoring Petitioner, the Applicant/Beneficiary, or an Authorized Representative or an Attorney for the Petitioner/Applicant.

If making a service request to the Customer Service Center, please have the following information handy so that the Officer/Agent will be better able to assist you: your full name, your complete mailing address, your date of birth, your receipt number for the pending application/petition, the filing date of your pending application/petition, your priority date, your preference category, and possibly, the position indicated on your certified labor. If your case is outside of the normal processing time, the Officer/Agent will initiate a service request and will provide you with a timeframe for a response and a referral number in case you have to call back because no correspondence was issued within the timeframe suggested.


Question #4 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
My immigration details are as follows:

Visa type : F1
Visa Issue Date : 20 June 2007
Visa Expiration Date : 18 June 2012

Course : M.S. in Computer Engineering
Status : Completed
Course Completion Date : 30 May 2010
Course Duration : Fall 2007 - Spring 2010

Initial I-20 issued on : 08/17/2007
New I-20 issued on : 01/19/2010

The problem that I am currently facing is that I was issued a new I-20 for the period 01/19/2010 to 05/30/2010 with a different Sevis number. I was required to pay the Sevis fees once again. Due to the same, I have one semester of study reflecting on my current Sevis. To apply for an OPT, one needs at least two semesters of study. Hence, I am not able to apply for an OPT. I am therefore looking for a job in a company that can process my H1B. Do I qualify to file an H-1B if I can find a willing sponsor?

Answer #4
Given the circumstances of your current situation, I do not foresee any issues in you applying for an H-1B visa under the Master’s CAP exemption. If the sponsoring employer has a position for you that normally requires at a minimum the attainment of a Bachelors degree in a field related to your specific degree, then you should qualify given the details you have provided. However, you will need to speak with an Experienced Immigration Lawyer to better evaluate the situation once you have secured an employer to sponsor your visa.


Question #5 - Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
Are H-1B visas for FY2011 still available? What do the numbers look like? Is there still time to file?

Answer #5
The H-1B 2011 CAP opened on April 1, 2010 and is still OPEN. The H-1B FY2011 runs from October 1, 2010 until September 30, 2011. As of July 2, 2010, 40,800 H-1B regular CAP visas are still available for FY2011 out of 65,000. There are approximately 9,600 H-1B Master’s exemption visas still available for FY2011 out of 20,000.


Question #6 - Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
My company has filed several H-1B visas for Physical Therapists, only two are in the US, working as of now. One of them wants to leave my company and go to another employer. This is something against our interests, as to date we have spent a lot of time and effort in bringing them to the US. Is there anything we can do about it? At any time during the transfer
of the candidate's H1B visa – is our consent or concurrence required at all?

Answer #6
No. If your employment contract with the beneficiary was “at-will” the beneficiary may leave your employ at any time provided he/she gives the required notice as indicated in the employment agreement. Additionally, at no time during the transfer is your consent or concurrence required.


Question #7 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
If we sponsor an employee and pay the associated legal fees and USCIS filing fees, can we consider those payments in their employment review/raise evaluation in subsequent years? I am trying to treat all employees fairly, and it seems odd that the company is required to pay legal fees for one employee, but not another who may have legal fees associated with divorce, child custody, or other legal matters which would also affect their ability to work.

Answer #7
I understand your frustrations; however, the H-1B nonimmigrant program is a program designed to allow foreign professional workers to work temporarily in the United States to help boost the economy and keep U.S. businesses at the top in terms of work productivity, developing new products, etc. When you speak of using the associated legal fees when determining employment reviews/raise evaluations, it is not fair to the H-1B worker who has been sponsored by you for the sole purpose of working for your company to then take those fees and hold them against them. To my knowledge, it is unlawful and the Department of Labor (DOL) would not look favorably over this issue. It may seem odd that you are required to pay for the foreign worker's legal fees and associated filing fees, but that is just an aspect of the United States Citizenship and Immigration Service (USCIS) and DOL’s partnership in the H-1B nonimmigrant program.

The other employees you are referring to in regards to divorce, child custody issues, those are personal in nature. Although they may affect an individual's ability to work, an employer has no legal obligation to pay those fees as those personal related issues and fees should not play into your employment reviews/raise evaluations. A job is a job and when performance reviews/raise evaluations are conducted, they should be based entirely on the ability/productivity and experience of the worker.


Question #8 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum – for 3rd Party Consulting company. No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum – for 3rd Party Consulting company. If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) – for 3rd Party Consulting company. How is my company to remain in business?

Answer #8
Yes, the memo has made it more difficult to petition for 3rd party consultants; however, it is not impossible. We cannot generalize and say that no case will be approved; no extension will be approved; because you cannot generalize with the USCIS, you must look at each case and the evidence presented on a case-by-case basis. You are not required to put forth all of the evidence listed in the memo, but a majority of it to illustrate that there is a valid employer-employee relationship, and that you maintain CONTROL over the beneficiary, not actual control, but the RIGHT TO CONTROL.

The USCIS adjudicators are to take the memo as guidance, and are to adjudicate the petition based on a totality of the circumstances, not narrowly like you have mentioned. They are to take all of the evidence presented and determine whether a valid employer-employee relationship exists, and based on that determination, either approve or deny the non-immigrant visa petition.

When traveling, there is not much that we can do, as the Officers of Customs and Border Protection (CBP) have developed their own interpretation of the memo released on January 8, 2010. If a 3rd party consultant MUST travel, we would recommend that they have the following: at least two month’s worth of paystubs, a copy of the approved H-1B petition, an employment verification letter, approval notice, and any other documentation that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.


Question #9 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
I recently got a new project in Washington DC. I will be working at a client in DC downtown and staying in northern Virginia. I have Pennsylvania labor filed on my H1B petition. Do I need to file a new labor in DC? If so can you guide me and my employer in filing labor in a new state?

Answer #9
According to the regulations governing the H-1B program, when you move to a new location outside of the geographical location listed on the original certified LCA, a new LCA as well as an amended petition must be filed with the USCIS. In summary, since your location change would be considered a "material change" in your previously approved employment, you would need to file a new LCA as well as the amended petition to stay within the regulations.


Question #10 – Employment Based Immigration – Green Card – LABOR/PERM
It seems like it’s taking a lot longer to conduct recruitment prior to filing the Labor application, what’s the issue?

Answer #10
As of January 1, 2010 the Department of Labor (DOL) federalized the process for obtaining Prevailing wage requests, which is the first step in the Labor process before recruitment can be conducted. We normally could obtain a prevailing wage request directly from the specific state workforce agency within a few days to a week. In addition to federalizing the process, the DOL made the process for obtaining the prevailing wages by electronic means as well as by requesting a prevailing wage through the U.S .mail. At this time, it is taking approximately 45-60 days to obtain a prevailing wage determination from the DOL. The determinations are issued on a first come, first serve basis.


MVP Law Group would like to thank everyone who contributed a question or comment. We hope the information provided is helpful.

Our next “Immigration Q & A Forum” is scheduled for Friday, July 23, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

REMINDER - Submit your questions

July 6, 2010

MVP Law Group's first "Question & Answer" Forum was launched on Friday, June 25, 2010. Please click here to review the questions received and answers provided.

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, AZ SB1070, or the new debate focused on Ending Birthright Citizenship, please do not hesitate to 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, July 9, 2010. Act now and submit your questions!

THANK YOU!

Updated List: SEVP Approved Schools

June 7, 2010

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP, please contact our office to schedule a consultation.

Updated List: SEVP Approved Schools

May 19, 2010

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP, please contact our office to schedule a consultation.

Updated List of SEVP Approved Schools

April 19, 2010

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP, please contact our office to schedule a consultation.

Updated List of SEVP Approved Schools

April 6, 2010

The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.

If you need assistance or an explanation of the SEVP, please contact our office to schedule a consultation.

Extension of Optional Practical Training Program under the E-Verify Program & E-Verify Requirement for Federal Contractors

June 25, 2008

According to U.S. Citizenship & Immigration Services (USCIS), an additional seventeen (17) month Optional Practical Training (“OPT”) extension is available for current OPT F-1 students who have completed a science, technology, engineering, or mathematics degree and accepted employment with an employer enrolled in the E-verify program. Additionally, this extension will benefit students with pending H-1B petitions and change of status requests, as it will enable them to maintain their employment eligibility for the duration of the H-1B processing period. Without this benefit, foreign students on F-1 nonimmigrant status would only be eligible for the normal twelve (12) months of OPT to work for a U.S. employer in a field directly related to their major area of study. This employment eligibility program essentially provides a benefit for students on F-1 status who seek employment with an employer enrolled in E-Verify.

E-Verify Requirement for Federal Contractors

On June 9, 2008, Executive Order 12989 was issued, which declared E-Verify, the electronic employment eligibility verification system that all federal contractors must use. The Executive Order directs all federal departments and agencies to require contractors, as a condition of each future federal contract, to agree to use E-Verify to verify the employment eligibility of all persons hired during the contract term, and all persons performing work within the United States on the federal contract. This rule is not final, and is open for public comment at this time. Please refer to the following link for contact information, if you would like to submit a written comment. Written comments must be submitted on or before August 12, 2008.