H1B Visa Lawyer Blog

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on January 25, 2012 with processing dates as of November 30, 2011.

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

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

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

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

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, 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 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 – General
If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself?

Answer #1
It depends upon the type of visa you are applying for and from where you are applying for the visa. Most Consulates have counters were different languages are spoken. If you are applying in the U.S., when you go to your visa interview, you will need to provide a translator for yourself. This translator should not be an interested party in your case.

Question #2 – Consular Processing
What is the purpose of consular processing?

Answer #2
Consular Processing allows applicants who have been approved for an Immigrant Visa, with an Immigrant Visa immediately available - the ability to apply at the U.S. Department of State Consulate abroad in order to come to the United States and be admitted as a Permanent Resident.

Question #3 – Consular Processing vs. AOS
What is the difference between consular processing of immigrant visa and adjustment of status?

Answer #3
Adjustment of Status is an alternate process by which an individual who has been approved for an Immigrant visa with an Immigrant visa immediately available,the ability to apply from within the United States to adjust status to that of a Permanent Resident without returning to their home country to process paperwork.

Question #4 – Temporary Work Visa
If I plan to continue working for my employer in the United States, at what point should I apply for an extension?

Answer #4
It depends upon which type of nonimmigrant visa you are utilizing. For the H-1B (Specialty Occupation) nonimmigrant visa, you are able to apply for an extension at least 6 months prior to the visa’s expiration date.

Question #5 – Premium Processing
How does premium processing for the H-1B visa work?

Answer #5
Premium Processing is an option that allows a case to be adjudicated within a period of 15 calendar days from the date the USCIS receipted the case. For an additional USCIS filing fee of $1225.00, the USCIS will review the case and make a decision within the specified time period. If an RFE is issued, once the response is received by the USCIS, the clock begins to run again for 15 calendar days. Regular processing is currently taking 2-3 months from the date of filing to be adjudicated by the USCIS.

Question #6 – General
Is it necessary that I have someone sponsoring me when I apply for a visa?

Answer #6
It depends, as almost all types of visas require sponsorship whether employment based or family based.

Question #7 – Visitor Visa v. Temporary Work Visa
Are a B-1 and an H-1B visa interchangeable as far as my ability to work in the United States?

Answer #7
NO. A B-1 visa is reserved for Business visitors who are not allowed to be gainfully employed in the United States. B1 visa holders are limited in the actions that they may partake in while in the U.S. as a business visitor. In order for them to be able to work (gainful employment) while in the U.S. a work visa is required. An H-1B nonimmigrant visa is a work visa reserved for specialty occupation foreign workers.

Question #8 – General
My sister is filling up the form DS 160 for H1b through her multinational company in India. What should she mention in the question, “Do u have a relative in USA”? I was on J1 visa for 3 years and got F1 approved while in USA only. But unfortunately, I lost my F1 visa due to Tri Valley University, but I am still enrolled as full time student in a school in USA and the F1 reinstatement application is still pending with USCIS. Will she face further questions on my visa details or terminated SEVIS during visa interview? Can it jeopardize her prospects of getting visa?

Answer #8
Your sister should be truthful in the completion of her DS-160 application. Your status should not affect her status. This ultimately is an application and an interview regarding her potential employment and should not concern you. It is not her business to know all of the details of your visa status. The questioning from the visa officer should be centered on her, not her family or your status. Your visa status/circumstances should not jeopardize her attainment of an H1B nonimmigrant visa.

Question #9 – Green Card
My EB-3 priority date is October 18, 2006 and I have a pending I-485 application filed back in July 2007 when all categories were current. My fiancé and I are getting married in February 2012. Since my I-485 is not approved yet, I heard that it is possible to include him in my green card application so that both of us can get our green cards when my priority date is current. Is that true? If so, when and how should I start the process?

Answer #9
You will need to wait for your priority date to become current before you are able to file your spouses’ I-485, Adjustment of Status application.

Question #10 – Schedule A Green Card
Hi! I would like to ask regarding the schedule A visa for Registered Nurse. I am a Filipino citizen, residing at spring, Texas, USA. My visa is H1-B as medical Technologist and i just came last November 2011.I have SSN already. I am a registered Nurse also in the US with CGFNS visa screen certificate and NCLEX passer, licensed in the states of California and Texas.. My employer just mentioned to me about the green card application for Registered nurses. Is it possible for my case to apply for the said green card application? Thank you.

Answer #10
Based on the information you have supplied, you seem to be eligible as a Registered Nurse to obtain permanent residency through the Schedule A Green Card category.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, February 3, 2012!
Please remember to submit your questions/comments on our h1bvisalawyer blog.

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.

As reported on the U.S. Consulate General Chennai, India website - The U.S. Consulate General in Chennai will no longer process Immigrant Visa petitions as of January 1, 2012. The U.S. Embassy in New Delhi and U.S. Consulate in Mumbai will become the only acceptance centers in India for Immigrant Visas. The Immigrant Visa allows an individual to live and work in the United States on a permanent basis, as well as provides the immigrant the opportunity to work towards U.S. citizenship.

Examples of Immigrant Visa based petitions are those that work toward family reunification of parents, children and siblings. These petitions also include Fiancée and the unique employer category, where one’s employer can petition for the individual and their dependents to immigrate to the United States.

This change affects only the locations for processing of Immigrant Visas; it does not change the law or policy for visa processing.

*The American Immigration Lawyers Association (AILA) contacted the Consulate regarding the change in procedure, please see the questions AILA asked and the answers received, provided below:

Why the change?
This change is in order to streamline the immigrant visa (IV) issuance process and is part of the U.S. Government's ongoing effort to provide efficient visa services throughout India. It does not affect any other category of visa, including non-immigrant visas for work, study, or tourism. The change brings India in line with other large countries, including Mexico and China, where IV processing is administered in a more central fashion within the Mission.

When will IV interviews stop in Chennai?
The last day for IV interviews at U.S. Consulate General Chennai was on December 30, 2011.

I have a pending application. Where should I send my follow up documentation?
If you have a pending application and were requested to provide additional documents, please contact the U.S. Consulate General Chennai via e-mail at ChennaiIVU@state.gov

Pending applications will be processed in Chennai through March 30, 2012. If an applicant has not completed his/her application process by March 30, 2012, the case will be transferred to Mumbai. The IV unit in Chennai has been working aggressively since October 2011 to bring closure to pending cases.

Source of Information: AILA InfoNet Doc. No. 12011064 (posted Jan. 10, 2012)

The Department of State has released its latest Visa Bulletin.

Click here to view the February 2012 Visa Bulletin.

The February 2012 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**There has been significant forward movement in the EB-2 category for the past 4 visa bulletin issues.

**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.

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 under quota for this year?

Answer #1
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 #2 – J-1 Visa
My niece has a J1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?

Answer #2
Considering the circumstances, if your niece’s visa was cancelled, she should make arrangements to leave immediately. If your niece’s visa has expired, which is different, she should make arrangements to leave within 30 days of the expiration of her J1 visa, this time period is called a ‘grace period.’

Question #3 – Travel
We just applied for my wife’s green card (she just became my wife here in U.S.). Can she travel back home to visit family while the I-485 is pending?

Answer #3
If you included Form I-131 in your Adjustment of Status petition for your wife, then once Form I-131 is approved, she should be able to travel back home to visit her family while her I-485 remains pending.

Question #4 – Unlawful Presence in USA
I cannot remember the specifics regarding unlawful presence towards the 3yr and 10yr bars, can you provide those time periods?

Answer #4
If an applicant remains in the US unlawfully (without authorization) for more than 180 days, they may be subject to the 3 year bar. If an applicant remains in the US unlawfully (without authorization) for more than 360 days (1 year), they may be subject to the 10 year bar.

Question #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have exhausted my 6 years on H-1B visa and returned to my home country. I have been here for a little less than a year; 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 immediately.

Answer #5
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 an H-1B nonimmigrant visa. Additionally, once you are eligible, you will have to wait until April 1, 2012 in order to submit your new H-1B visa petition under the FY2013 CAP with employment beginning October 1, 2012.

Question #6 – Marriage Based Immigration – Conditional Permanent Resident
Please let me know the procedure for removing conditions based on marriage to a U.S. citizen. When can I file? I am married to a U.S. Citizen and my conditional green card is set to expire in May 2012.

Answer #6
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.

Question #7 – Employment Based Immigration – Employment Authorization Document (EAD)/Advance Parole Document (AP)
My EAD and AP are expiring this year. When is the earliest that I can file my renewal petitions?

Answer #7
According to the USCIS, you can petition for an EAD renewal no more than 120 days in advance of the expiration of your current EAD. For instance, if your current EAD card expires on October 16, 2012, the earliest you can file is on or after June 19, 2012.

According to the USCIS, you can petition for AP renewal no more than 30 days in advance of the expiration of your current AP or the USCIS could issue an RFE requesting your current AP document before issuing a new AP document.

Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
One of our IT employees is going on vacation from 03/2012 – 04/2012 and we are getting his h1b ext. in June and he has to go for visa in home country and he is requesting us to premium process his H1 ext. and wondering whether we can do it right now and can get approval before he leaves and he wants to appear for Visa with the new one. Please suggest whether we can do it right now or can we do it after he comes back from the vacation.

Answer #8
The answer to your question depends upon the specifics of your case; whether an end client will need to be obtained and if it can be obtained within the time period, whether forms and filing fees can be returned within a reasonable time; whether the LCA will be certified within the time frame given; etc. There are many circumstances that will need to be considered before a final decision is made on whether to prepare and file the extension now or wait until the return of the beneficiary to the U.S. We can file cases with the USCIS within 6 months of the current visa's expiration. Therefore, if his current H-1B expires on 6/2012, you could prepare and file the extension case now. Knowing the above information, please consider all of the circumstances of the case before you make a decision to proceed forward.

Question #9 – Employment Based Immigration – Green Card
They accepted our petition to remove the conditions on my conditional residence. I just received my GC and my name is spelled wrong on the card. How do I fix this?

Answer #9
You will need to file Form I-90, Application to Replace Permanent Resident Card. If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the “U.S. Department of Homeland Security”) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.

Question #10 – Employment Based Immigration – Green Card: Biometrics
The fingerprints that I gave the USCIS are set to expire soon. Should I make an Info Pass appointment at my local USCIS office to give them a new set of fingerprints?

Answer #10
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

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 20, 2012!
Please remember to submit your questions/comments on our h1bvisalawyer blog.

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.

The following immigration-related bills were introduced into the House of Representatives and the Senate in October - December 2011 and summarized below by AILA (American Immigration Lawyers Association):

Senate Bills

S. 1856
Introduced by Sen. DeMint (R-SC) on 11/10/11
Prohibits federal funding for lawsuits seeking to invalidate specific State laws that support the enforcement of federal immigration laws.

Families First Immigration Enforcement Act (S. 1949)
Introduced by Sen. Kerry (D-MA) on 12/07/11
Provides for safe and humane policies and procedures pertaining to the arrest, detention, and processing of aliens in immigration enforcement operations.

Science, Technology, Engineering, and Mathematics– STEM Visa Act of 2011 (S. 1986)
Introduced by Sen. Bennet (D-CO) on 12/13/11
Amends INA to promote innovation, investment and research in the United States.

Irish Recognition and Encouragement Act of 2011- IRE Act (S. 2005)
Introduced by Sen. Brown (R-MA) on 12/15/11
Authorizes the Secretary of State to issue up to 10,500 E-3 visas per year to Irish nationals.

House Bills

H-2A Improvement Act (H.R. 3232)
Introduced by Rep. Owens (D-NY) on 10/14/11
Includes within the H-2A nonimmigrant category an alien coming temporarily to the United States to work as a sheepherder, goat herder, or dairy worker. The bill also exempts an employer filing a petition to employ such a worker from the requirement to show that the position is of a seasonal or temporary nature.

Deport Convicted Foreign Criminals Act of 2011 (H.R. 3256)
Introduced by Rep. Poe (R-TX) on 10/25/11
Directs the Secretary of Homeland Security to report quarterly to Congress regarding each country that has refused or unreasonably delayed repatriation of an alien. The bill also prohibits the Secretary of State, upon the passage of specified periods of time, from issuing certain nonimmigrant (including certain diplomatic) visas and immigrant visas to a citizen, subject, national, or resident of a listed country.

Haitian Emergency Life Protection Act of 2011- H.E.L.P. Act (H.R. 3297)
Introduced by Rep. Clarke (D-NY) on 11/01/11
Amends the INA with respect to V visa (spouses/children of LPR who come to the United States to wait for completion of immigrant visa process) nonimmigrants to include certain Haitian nationals whose petition for a family-sponsored immigrant visa was approved on or before January 12, 2010.

Foster Children Opportunity Act (H.R. 3333)
Introduced by Rep. Stark (D-CA) on 11/03/11
Requires state plans for foster care and adoption assistance to have procedures to assist alien children in the child welfare system achieve special immigrant juvenile status and LPR status before exiting foster care.

Visa Improvements to Stimulate International Tourism to the United States of America- VISIT USA (H.R. 3341)
Introduced by Rep. Hirono (D-HI) on 11/03/11
Provides qualifying nationals of China (PRC) with a five-year multiple entry/exit visitor visa. The bill also requires such persons to be screened through the automated electronic travel authorization system.

Enhanced Border Security Act (H.R. 3401)
Introduced by Rep. Mack (R-FL) on 11/10/11
Directs the Secretary of State to submit to Congress a counterinsurgency strategy to combat the operations of transnational criminal organizations in Mexico.

American Growth, Recovery, Empowerment, and Entrepreneurship Act- AGREE Act (H.R. 3476)
Introduced by Rep. Hanna (R-NY) on 11/18/11
Amends Internal Revenue Code to extend certain tax expenditure provisions for business taxpayers. Also, amends INA to eliminate the per country cap for employment-based immigrants and increase the per country cap for family-based immigrants to 15% of the total number.

Religious Worker Visa Reciprocity Act of 2011 (H.R. 3557)
Introduced by Rep. King on 12/02/11
Requires the country of origin of certain special immigrant religious workers to extend reciprocal immigration treatment to United States nationals.

Immigration and Naturalization Investment Ventures for Engineering, Science, and Technology- INVEST in America Act (H.R. 3692)
Introduced by Rep. Schiff (D-CA) on 12/15/11
Establishes an entrepreneur-based immigrant category for alien entrepreneurs who have completed or are in the process of completing a degree in Science, Engineering, Math or a technology-related field.

Save Our Small and Seasonal Businesses Act of 2011 (H.R. 3718)
Introduced by Rep. Keating (D-MA) on 12/16/11
Prioritizes certain returning workers for purposes of the numerical limitation on H-2B temporary workers.

New Illegal Deduction Elimination Act- New IDEA Act (H.R. 3720)
Introduced by Rep. King (R-IA) on 12/16/11
Amends the Internal Revenue Code of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income.

H.R. 3761
Introduced by Rep. Thompson (D-CA) on 12/20/11
Amends the INA to protect the well-being of soldiers and their families

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.

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, December 23rd, 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.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of December 1, 2011.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 22 months; for an I-129 L1 Appeal - 22 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 32 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 35 months.

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

The Department of State has released its latest Visa Bulletin.

Click here to view the January 2012 Visa Bulletin.

The January 2012 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

There has been significant forward movement in the EB-2 category for the past 3 visa bulletin issues. We have received some reliable information from Charles Oppenheim, Chief, Immigrant Visa Control and Reporting Division, DOS, that the upcoming advancement of the cutoff dates in EB-2 for India and China will advance again for the next several bulletin issues. We hope that the trend continues.

**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.

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.

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

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 25th, 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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on November 14, 2011 with processing dates as of September 30, 2011.

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

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

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

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

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

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
I have applied to become a lawful permanent resident of the United States, but I have a family emergency outside of the country. Will I have trouble re-entering the United States upon my return?

Answer #1
If you applied for and have a valid Advance Parole (AP) document then you should not experience any issues when re-entering the United States. Carry your advance parole document and your I-485 receipt notice as evidence of your Adjustment of Status filing. If you did not apply for Advance Parole (AP) and you have a valid H-1B nonimmigrant visa, then you should be able to re-enter as an H-1B nonimmigrant. Valid meaning an unexpired visa status and you are currently employed by the H-1B sponsoring employer.

Question #2 – Nonimmigrant Visas
What is the difference between an H-1B and an H-2B visa?

Answer #2
An H-1B is a nonimmigrant Specialty Occupation visa. 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. The H-1B visa allows foreign workers to enter the U.S. and work in a variety of fields ranging from architecture and engineering to teaching and medicine. The H-1B visa offers a wide range of employment possibilities and is a logical first step toward permanent immigration. In order to qualify for H-1B classification, the applicant must have at least a U.S. bachelor’s degree or its foreign equivalent AND the job sought must require at least a bachelor’s degree or its equivalent. This is not a self-petitioning category; therefore the applicant must have a sponsoring employer in the U.S. The period of employment is generally for a period up to three years, and may be extended for up to six years. Extensions may be available beyond the sixth year if green card processing has been initiated on behalf of the individual.

H-2B nonimmigrant visas are available for individuals to perform nonagricultural work of a temporary or seasonal nature, if U.S. workers capable of performing such service or labor cannot be found in the U.S. This classification requires the Sponsoring Employer to conduct active recruitment to determine if U.S. workers are available to fulfill the temporary need. Nonagricultural work includes Amusement Park workers; Bellhops; Bricklayers; Cannery workers; Commercial, Industrial and Residential Cleaners;Construction workers; Cooks; Crab Meat Processors; Fishing Vessel Deckhands;Dining Room Attendants; Electricians; Fast Food Workers; Forest Workers; Game Attendants; Industrial Groundskeepers; Landscapers; Kitchen Helpers; Sales Clerks; Tree Planters and the list goes on. In order to be eligible for H-2B classification, the Employer (Petitioner) should confirm that the job is temporary, that the Department of Labor (DOL) has certified that no U.S. workers are available to perform the job, that the beneficiary’s employment in the U.S. will not harm U.S. workers, and that all requirements have been met. The employer’s need for the services or labor shall be either: (1) a one-time occurrence; (2) a seasonal need; (3) a peakload need; or (4) an intermittent need. The period of employment is generally for a period of 1 year or less, but could be for a specific one-time need of up to 3 years. The foreign national must also be able to demonstrate that they have strong ties to their home country and will return at the end of the season. Nationals from the following countries are eligible to participate in the H-2B visa program: Argentina; Australia; Belize; Brazil; Bulgaria; Canada; Child; Costa Rica; Croatia; Dominican Republic; Ecuador; El Salvador; Ethiopia; Guatemala; Honduras; Indonesia; Ireland; Israel; Jamaica; Japan; Lithuania; Mexico; Moldova; the Netherlands; New Zealand; Nicaragua; Norway; Peru; Philippines; Poland; Romania; Serbia; Slovakia; South Africa; South Korea; Turkey; Ukraine; United Kingdom and Uruguay. Nationals from other countries not listed above may be eligible; however, additional evidence will be required. This is not a self-petitioning category; therefore the applicant must have a sponsoring employer in the U.S.

Question #3 – General
I’ve been told that I can find my case status online. Where would I go to find out my approximate processing time?

Answer #3
The USCIS website provides case status information. You will find the case status online mechanism at www.uscis.gov on the left hand side of the screen. Use your receipt number found on Form I-797 in the upper left hand corner and enter it into the box. If you wish to determine the applicable processing time for your case, you will find a link on the USCIS website on the left hand side of the screen which reads: Processing Times, click on the link and scroll down to the bottom and find the Service Center where your case is undergoing processing. You will find the Service Center where your case was filed on Form I-797. Your Form I-797 will also display the Form type/number that was filed on your behalf in the upper right hand corner.

EAC – Vermont Service Center
SRC – Texas Service Center
WAC – California Service Center
LIN – Nebraska Service Center

Question #4 – Family Based Immigration - Green Card
Can a relative currently living in the United States legally write my affidavit of support?

Answer #4
Yes, if the relative currently living in the United States is willing and able to be a sponsor/joint sponsor and is aware of and understands the responsibilities associated with being a sponsor/joint sponsor.

Question #5 – Employment Based Immigration - Green Card
My wife and I have been working on H-1B for different employers. My employer applied for my green card in 2007 and my I-140 has been approved. My wife's H-1B term ends on Jan 2012. If she wishes to continue her employment with the same employer after Jan 2012, is she required to use her Employment Authorization Documents?

Answer #5
If she is no longer eligible to extend her H-1B nonimmigrant visa status beyond January 2012 , then yes, she will be required to utilize her Employment Authorization Document (EAD) to legally remain working.

Question #6 – Green Card
I am an Indian born citizen, but I have also attained Canadian citizenship. When I am applying for an I-485, which priority dates do I need to regard: Canada or India?

Answer #6
Country of Chargeability is determined by your country of birth. Accordingly, when applying for I-485 you would need to monitor the priority dates for India in the preference category under which your case was filed.

Question #7 – H1B Nonimmigrant Visa
Any H1B visas left under cap?

Answer #7
As of November 2, 2011, there were approximately 14,200 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 #8 – Employment Based Immigration - Green Card
What is AC21 Portability?

Answer #8
AC21 portability allows an individual to change employers while undergoing the Green Card process without having to start the process over from the beginning with a new employer. To qualify for AC21 portability, a foreign national must be the beneficiary of a certified labor application (first step of the green card process), an approved I-140 petition (second step of the green card process) and have an I-485 application (third step of the green card process) pending over 180 days. A new position which is within the “same or similar” occupational classification as listed on the certified labor application would make the applicant eligible for AC21 portability.

Question #9 – Family Based Immigration - Green Card
As a U.S. citizen, for whom can I file Form I-130, Petition for Alien Relative?

Answer #9
As a U.S. citizen, you may file Form I-130, Petition for Alien Relative on behalf of the following relatives:
Immediate relatives (no annual limit/quota) - spouse; unmarried children under age 21; parents

Preference relatives (subject to priority dates/preference categories) – unmarried and married children of any age; siblings.

Question #10 – General
What is the difference between and immigrant and non-immigrant visa?

Answer #10
An immigrant visa is for individuals who intend to permanently live in the United States.

A nonimmigrant visa is for people who enter the United States on a temporary basis – whether for tourism, business, temporary work or study. Once a person has entered the United States in a nonimmigrant visa status, they are restricted to the activity or reason for which they were granted entry.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, November 25, 2011!

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

The Department of State has released its latest Visa Bulletin.

Click here to view the December 2011 Visa Bulletin.

The December 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

There has been significant forward movement in the EB-2 category for the past 3 visa bulletin issues. We have received some reliable information from Charles Oppenheim, Chief, Immigrant Visa Control and Reporting Division, DOS, that the upcoming advancement of the cutoff dates in EB-2 for India and China will advance again for the next several bulletin issues. We hope that the trend continues.

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

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of November 1, 2011.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 22 months; for an I-129 L1 Appeal - 23 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 31 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 35 months.

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

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.

The following immigration-related bills were introduced into the House of Representatives and the Senate in August 2011-October 2011 and summarized below by AILA (American Immigration Lawyers Association):

Senate Bills

S. 1506
Introduced by Sen. Rubio (R-FL) on 8/2/11
Prevents the Secretary of the Treasury from expanding United States bank reporting requirements with respect to interest on deposits paid to nonresident aliens.

S. 1545
Introduced by Sen. Inhofe (R-OK) on 9/13/11
Designates Taiwan as a visa waiver program country under INA Section 217(c).

S. 1576
Introduced by Sen. Landrieu (D-LA) on 9/19/11
Measures the progress of relief, recovery, reconstruction and development efforts in Haiti following the earthquake of Jan. 12, 2010, and for other purposes.

House Bills

Strengthening the Child Welfare Response to Human Trafficking Act of 2011 (HR 2730)
Introduced by Rep. Bass (D-CA) on 8/1/11
Better enables State child welfare agencies to prevent human trafficking of children and serve the needs of children who are victims of human trafficking.

H.R. 2763
Introduced by Rep. McDermott (D-WA); Ros-Lehtinen (R-FL) on 8/1/11
Extends by two years the special rule relating to eligibility for benefits under the supplemental security income program for certain aliens and victims of trafficking. Amends section 402(a)(2)(M) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

H.R. 2771
Introduced by Rep. Rivera (R-FL) on 8/1/11
Amends Public Law 89-732 to increase to 5 years the period during which a Cuban national must be physically present in the United States in order to qualify for adjustment of status to that of a permanent resident

Doctors for Underserved Areas in America Act (H.R. 2805)
Introduced by Rep. Lofgren (D-CA) on 8/5/11
Amends Section 220 of the Immigration and Nationality Technical Corrections Act of 1994 to make the section permanent.

Trafficking Victims Protection Reauthorization Act of 2011 (H.R. 2830)
Introduced by Rep. Smith (R-NJ) on 8/30/11
Authorizes appropriations for fiscal years 2012 and 2013 for the Trafficking Victims Protection Act of 2000.

H.R. 2831
Introduced by Rep. Rivera (R-FL)on 8/30/11
Amends Cuban Refugee Adjustment Act to make ineligible for adjustment of status under Section 1 individuals who return to Cuba after admission or parole into the U.S.

American Specialty Agriculture Act (H.R. 2847)
Introduced by Rep. Smith (R-TX) on 9/7/11
Establishes a H-2C nonimmigrant visa for an alien having residence in a foreign country which he or she has no intention of abandoning and who is coming temporarily (10-month maximum per contract period) to the United States to perform agricultural services, including the pressing of apples for cider on a farm. Requires an employer or employer association to file an H-2C petition.

Compassionate Visa for Medical Treatment Act (H.R. 2878)
Introduced by Rep. Cohen (D-TN) on 9/9/11
Amends INA with respect to temporary admission of nonimmigrant aliens for the purpose of receiving medical treatment.

Legal Workforce Act (H.R. 2885)
Introduced by Rep. Smith (R-TX) on 9/12/11
Makes mandatory and permanent requirements for use of E-Verify for employment verification.

Legal Agricultural Workforce Act(H.R. 2895)
Introduced by Rep. Lungren (R-CA) on 9/12/11
Amends INA to provide for a temporary agricultural worker program.

Chinese Media Reciprocity Act of 2011(H.R. 2899)
Introduced by Rep. Rohrabacher (R-CA) on 9/12/11
Establishes a reciprocal relationship between the number of visas issued to state-controlled media workers in China and in the U.S.

Immigration Backlog Reduction Act of 2011(H.R. 2952)
Introduced by Rep. Hunter (R-CA) on 9/15/11
Provides for expedited removal of certain aliens.

Senior Citizenship Act of 2011 (H.R. 2957)
Introduced by Rep. Nadler (D-NY) on 9/15/11
Amends INA to exempt certain elderly persons (75+ years; 5 years as LPR) from demonstrating an understanding of the English language and the history/government of the United States as a requirement for naturalization. The bill also permits other elderly persons (65+ years; 5 years LPR) to take the history and government examination in a language of their choice.

Restoring Protection to Victims of Persecution Act (HR 2981)
Introduced by Rep. Stark (D-CA) on 9/21/11
Amends the INA to eliminate the 1-year deadline for application for asylum in the United States.

Illegal Immigration Sentencing Uniformity Act of 2011 (HR 2991)
Introduced by Rep. Culberson (R-TX) on 9/21/11
Disapproves of a certain sentencing guideline amendment submitted by the United States Sentencing Commission, and for other purposes.

Fairness for High-Skilled Immigrants Act (HR 3012)
Introduced by Rep. Chaffetz (R-UT) on 9/22/11
Eliminates the per-country numerical limitation for employment-based immigrants, and increases the per-country numerical limitation for family-sponsored immigrants.

SSI Extension for Elderly and Disabled Refugees Act of 2011(H.R. 3083)
Introduced by Rep. McDermott (D-WA) on 10/3/11
Extends eligibility period for supplemental security income benefits for refugees, asylees, and certain other humanitarian immigrants.

Protecting American Families and Businesses Act of 2011(H.R. 3119)
Introduced by Rep. Lofgren (D-CA) on 10/6/11
Amends the INA to remove the per-country limitation on employment-based immigrant visas and adjusts the per-country limitation on family-sponsored immigrant visas.

Student Visa Reform Act (H.R. 3120)
Introduced by Rep. Lofgren (D-CA) on 10/6/11
Amends the INA to require accreditation of certain educational institutions for purposes of a nonimmigrant student visa.

H.R. 3162
Introduced by Rep. Alexander (R-LA) on 10/12/11
Prohibits the Secretary of Labor from implementing certain rules relating to employment of aliens described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act.

Illegal Alien Crime Reporting Act of 2011 (H.R. 3168)
Introduced by Rep. Jones (R-NC) on 10/12/11
Prohibits the payment of funds to a state under any program by DHS unless the state 1. compiles statistics on persons arrested, charged, convicted or incarcerated, including immigration status and country of origin; 2. reports such statistics monthly to the FBI; and 3. certifies compliance with requirements of this Act.

Source: "AILA InfoNet Doc. No. 11110234 (posted Nov. 2, 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 – General
What is PIMS? What is CLAIMS?

Answer #1
PIMS stands for Petition Information Management System which is an electronic report generated by the Department of State’s (DOS) Kentucky Consular Center (KCC) that collects nonimmigrant visa petition approval information from the USCIS.

CLAIMS stands for Computer Linked Application Information Management System. CLAIMS provides USCIS employees with automated support for adjudicating cases and processing various notices, among other things. CLAIMS capabilities include case tracking, status update, notice reporting, and document production.

Question #2 – H4 – Dependent Visa
My H1B visa was approved and notice sent to Consulate. My wife and child wish to come to U.S. with me. Can I apply for my wife and child during my H1B consulate interview? Please advise.

Answer #2
If the beneficiary or the beneficiary’s spouse/children are outside the United States and the beneficiary wishes to apply for a derivative visa (referred to as an H4 visa) abroad, and the H4 visa application can be made and is available on walk-in basis at the U.S. Consulate abroad along with or after the grant of the H1B approval. No other processing is required for an H4 visa abroad. Contact the consulate abroad or an Information Officer at the United States Department of State Visa Office at 202.663.1225 for the procedures or documents that may be required.

Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain under the CAP?

Answer #3
As of October 21, 2011, there were approximately 18,800 H-1B Regular CAP subject nonimmigrant visas remaining and the H-1B Masters CAP has been reached. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Question #4 – Employment Based Immigration – Green Card
I am a Pakistani National but was born in UAE. Should i be applying for Green Card on the basis of my country of birth or nationality?

Answer #4
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 #5 – Family Based Immigration – Green Card
At what stage of family based green card does the priority date attach?

Answer #5
A priority date is assigned in a family based green card immigration proceeding when the I-130 petition is received by the USCIS.

Question #6 – Employment Based Immigration – Green Card
Has the suspension been lifted for the issuance of Prevailing wage determinations for PERM?

Answer #6
As of October 24, 2011 -
The Office of Foreign Labor Certification provided the following update to the public on its plans for becoming current on issuing prevailing wage determinations:
PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 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. The PWD appeals are being processed as resources allow with priority being placed on becoming current on initial PWD requests in each of the respective program areas.

Question #7 – Employment Based Immigration – Green Card
At what stage of employment based green card does the priority date attach?

Answer #7
A priority date is assigned in an employment based green card immigration proceeding when the labor application is submitted to the Department of Labor (DOL). If no labor application is required for the preference category, then the priority date is assigned when the I-140 Immigrant Petition is received by the USCIS.

Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
We have an employee that has a U.S. Master’s degree; we noticed Masters CAP exemption was reached. Do we have to wait until next year to file for her H-1B work visa? Is there any way around this?

Answer #8
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 the USCIS has received sufficient petitions to reach the advanced degree exemption.

Question #9 – Employment Based Immigration – Green Card
Can you premium processing the GC process?

Answer #9
You may only premium process the I-140 Immigrant Petition, which is the petition that is filed after the labor application is certified by the Department of Labor (DOL). You cannot speed up the process of labor certification with the DOL, nor the process of adjudicating the Adjustment of Status petition with the USCIS.

Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have heard from friends and by reading the forums that the Consulates are very strict and ask for original I-797 approval notice but my employer is not willing to give me the original, they only provide me with bottom portion of original. Can I request USCIS to give me another original to take to Consulate? Is there anything I can do, I do not want rejected based on me not having original I-797 approval?

Answer #10
You do not need the entire original I-797 approval notice to schedule/attend a Consulate interview. Consular Officers are able to verify all approved petitions through the PIMS or CLAIMS system, and therefore the I-797 original notice is not required in order to verify that the petition has been approved. Additionally, the original I-797 notice clearly provides that the bottom portion may be torn off and provided to the applicant to be used for purposes of applying for a visa at a Consulate abroad.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, November 11, 2011!

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

USCIS Director, Alejandro N. Mayorkas has announced that the USCIS will resume the existing process of sending all I-797 original notices to the G-28 Attorney on Record and not the Employer. The Employer will receive only courtesy copies. Director Mayorkas made this decision after receiving valuable feedback from USCIS Stakeholders. Unfortunately, this change will not go into effect for another six weeks due to programming issues.

A year ago, USCIS initiated an internal system change that altered where we send receipt
notices (I-797). Last month, when the change went into effect, we heard from
stakeholders that this change had an unintended negative external impact. We scheduled
a stakeholder meeting, gained an understanding of the impact, and have decided to return
to our previous practice of sending the original notice to the attorney or accredited
representative’s address listed on the Form G-28. A copy will be sent to the address
provided by the applicant or petitioner in the applicable form. This change will take
effect in approximately six weeks due to the need to re-program our system. We
appreciate the feedback you provided.

I look forward to continued collaboration with you on matters of importance to our
nation’s economic prosperity and those whom we serve.

Alejandro N. Mayorkas
Director
U.S. Citizenship and Immigration Services
Department of Homeland Security

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 28th, 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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 18th, 2011 with processing dates as of August 31, 2011.

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

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

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

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

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

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 – General
I was able to file I-485 applications for myself and my wife in July and since then we have received the combined EAD/AP card. Can my wife now apply for a SSN? My health insurance coverage is requesting that she obtain a SSN.

Answer #1
Yes, your wife can now apply for a Social Security Number. She will need to take her valid Employment Authorization Document (EAD), her passport, birth certificate and the completed application to the local Social Security Administration office to apply.

Question #2 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain under H1B CAP? MASTER’S CAP?

Answer #2
As of October 7, 2011, there were approximately 24,000 H-1B Regular CAP subject nonimmigrant visas remaining and 900 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 #3 – Employment Based Immigration – Green Card
Has the suspension been lifted for the issuance of Prevailing wage determinations? Please provide an update.

Answer #3
As of October 14, 2011 – More AILA members are beginning to receive PERM prevailing wage determinations for requests that were submitted in late July 2011 (OES based). Notice has not yet been provided by the DOL that the suspension has been lifted.

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 #4 – Employment Based - Green Card
I would like to ask - i have a pending eb3 application with priority date on May 2007 but a new employment visa is offered to me - h1b. Can i be approved with the said visa even if i have pending eb3 application? Thank you.

Answer #4
It depends. You have not provided enough information to provide a solid answer to your question. The temporary H-1B nonimmigrant visa is a different process than the Employment Based Green Card process. I would recommend that you contact an experienced Immigration Attorney to discuss your eligibility. Please feel free to contact our office to schedule a consultation.

Question #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
We received approval from USCIS for H-1B for our new employee. Our new employee scheduled consulate interview and was denied visa, how is this possible?

Answer #5
Form I-797 indicates that the approval is not a visa, only the U.S. Consulates have the authority to grant or deny a nonimmigrant visa. If an individual has an H1B petition approved by USCIS that does not mean that the U.S. Consular Officer will automatically issue the H1B visa. The Consular Officer may ask a serious of questions and if they believe that the information obtained during the questioning was not information available at the time of the USCIS’s approval of the petition, they will likely issue a denial and provide a written explanation as to why the visa was denied.

Question #6 – Family Based Immigration – Green Card
My wife arrived in the U.S. about three (3) weeks back. She went through Consular Processing and received temporary LPR stamp valid for one year. When should we be receiving her physical Green Card? Do we need to go to Airport again for issuance or will the USCIS send the Green Card to her?

Answer #6
The USCIS should send/mail the Green Card to the address they have listed. If you have not received the Green Card within 60 days from her arrival, contact the USCIS National Customer Service Center (NCSC) at 1-800-375-5283.

Question #7 – Diversity Lottery (DV)
Can I apply for DV now?

Answer #7
Yes, applications for the DV 2013 random lottery are being accepted electronically until Saturday, November 5, 2011.

Question #8 – Temporary Work Visas – H-1B Nonimmigrant Visa
The Processing Time Table indicates it takes about 2 months to process H1B. So I am not sure why I have not received decision yet, my case was filed in June. Can you tell me why it is taking so long?

Answer #8
Although the USCIS processing times may state 2 months, you have to factor in that when it is posted, that data is already 45 days old. Also, due to the FY2012 H-1B CAPS still being available, the USCIS is busy with attempting to adjudicate change of status petitions, extensions and transfers all within the same processing times. Although this explanation is not an excuse, you should be aware of the background with the processing times for the H-1B nonimmigrant visa.

Question #9 – Family Based Immigration – Green Card
What happens if my wife and I do not file to remove the conditions on her permanent residency?

Answer #9
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 #10 – Marriage Based Immigration –Green Card
My spouse and I have been called for Stokes interview. What exactly is a “Stokes” interview?

Answer #10
A “Stokes” interview is the last opportunity the USCIS provides for you and your spouse to prove the bona fides of your marriage. If the USCIS does not think that your marriage is legitimate, they will schedule a “Stokes” interview. The husband and wife are separately questioned by a USCIS Officer regarding their relationship history, daily interactions, relationship in general, and presence on social networking websites, etc. The interview/questioning is recorded and an attorney is permitted to attend.

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 28th, 2011!

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

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.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of October 1, 2011.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 22 months; for an I-129 L1 Appeal - 23 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 29 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 34 months.

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

The Department of State has released its latest Visa Bulletin.

Click here to view the November 2011 Visa Bulletin.

The November 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

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.

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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on September 16th, 2011 with processing dates as of July 31, 2011.

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

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

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

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

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

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!

The Department of State has released its latest Visa Bulletin.

Click here to view the October 2011 Visa Bulletin.

The October 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

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 16th, 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.

The following immigration-related bills were introduced into the House of Representatives and the Senate in July-August 2011 and summarized below by AILA (American Immigration Lawyers Association):

Senate Bills

Immigration Fraud Prevention Act of 2011 - S. 1336
Introduced by Sen. Feinstein (D-CA) on 7/7/11
Summary: Prevents immigration fraud by making it a Federal crime to defraud individuals in connection with any matter arising under immigration laws.

Hinder the Administration's Legalization Temptation (HALT) Act - S. 1380
Introduced by Sen. Vitter (R-LA) on 7/12/11
Summary: Suspends until Jan. 21, 2013 certain provisions of federal immigration law.

Trafficking in Persons Report Improvement Act of 2011 - S. 1362
Introduced by Sen. Webb (D-VA) on 7/13/11
Summary: Simplifies the Trafficking in Persons Report by reducing the number of country categories and ranking countries within each category according to their relative adherence to the minimum standards set forth in TVPA of 2000.

Helping Agriculture Receive Verifiable Employees Securely and Temporarily (HARVEST) Act of 2011 - S. 1384
Introduced by Sen. Chambliss (R-GA) on 7/19/11
Summary: Amends the INA to provide for the temporary employment of foreign agricultural workers.

Humane Enforcement and Legal Protections for (HELP) Separated Children Act - S. 1399
Introduced by Sen. Franken (D-MN) on 7/21/11
Summary: Protects children affected by immigration enforcement actions.

S. 1405
Introduced by Sen. Feinstein (D-CA) on 7/21/11
Summary: Private bill for the relief of Guy Privat Tape and Lou Nazie Raymonde Toto.

House Bills

H.R. 2805
Introduced by Rep. Lofgren (D-CA) on 8/5/11
Summary: Amends Section 220 of the Immigration and Nationality Technical Corrections Act of 1994 to make permanent made by the section.

Strengthening the Child Welfare Response to Human Trafficking Act of 2011- H.R. 2730
Introduced by Rep. Bass (D-CA) on 8/1/11
Summary: Amends Part E of Title IV of the Social Security Act to better enable State child welfare agencies to prevent human trafficking of children and serve the needs of children who are victims of human trafficking.

Hinder the Administration's Legalization Temptation (HALT) Act - H.R. 2497
Introduced by Rep. Smith (R-TX) on 7/12/11
Summary: Suspends until Jan. 21, 2013 certain provisions of federal immigration law.

H.R. 2556
Introduced by Rep. Ryan (D-OH) on 7/15/11
Summary: Suspends the issuance of visas to nationals of Brazil until Brazil amends it laws to remove the prohibition on extradition of nationals of Brazil to other countries.

Humane Enforcement and Legal Protections for (HELP) Separated Children Act - H.R. 2607
Introduced by Rep. Woolsey (D-CA) on 7/21/11
Summary: Protects children affected by immigration enforcement actions.

Military Families Act - H.R. 2638
Introduced by Rep. Filner (D-CA) on 7/25/11
Summary: Authorizes the adjustment of status for immediate family members of individuals who served honorably in the Armed Forces of the United States during the Afghanistan and Iraq conflicts.

Jobs for Americans Act of 2011 - H.R. 2670
Introduced by Rep. Brooks (R-AL) 7/27/11
Summary: Provides that States and local government may pass laws that identify illegal aliens, deter illegal aliens from entering the United States, apprehend illegal aliens, or encourage or otherwise cause illegal aliens to leave the United States.

H.R. 2556
Introduced by Rep. Ryan (D-OH) on 7/15/11
Summary: Prohibits the issuance of a visa to a citizen, subject, national, or resident of Brazil until Brazil has removed the prohibition on extradition of Brazilian nationals to other countries. The bill authorizes the President to waive such prohibition on a case-by-case basis if in the U.S. national interest.

Source: "AILA InfoNet Doc. No. 11082563 (posted Aug. 25, 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 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 under the CAP for FY2012 beginning October 1, 2011?

Answer #1
As of August 12, 2011, there were approximately 39,700 H-1B Regular CAP subject nonimmigrant visas remaining and 5,300 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 – Family Based Immigration – Green Card
My wife and I, USC, are from El Salvador and we are going for vacation this weekend for a few weeks back to El Salvador. We have an adult child who still lives in El Salvador with his wife and children – we are interested in bringing him over here to the United States. Can you let us know what time period we would be looking at for bringing him over here as a Permanent Resident?

Answer #2
According to the September Visa Bulletin which is effective beginning September 1, 2011, the Family Based third preference category (F3) for all chargeability areas except China, India, Mexico and the Philippines, is backlogged, this means, that you must wait until a visa becomes available, until the priority date becomes current. Individuals in that preference category with priority dates of August 22, 2001 and earlier are being serviced. Accordingly, you would be looking at a time period of approximately 10+ years, if not longer, as it all depends upon the availability of immigrant visas. The priority dates in each category and for each country can change each month. However, please note that the priority dates can also stay the same. They can move very slowly or progress by several months or years. They can move forward or backward. Therefore, there is no way to anticipate what the priority date will be in a future month or when a category will become current.

Question #3 – General
I work for a company in San Bernardino, CA, a pharmaceutical company. They have expressed an interest in sponsoring my green card. I have a few friends in Maryland who used your firm for other immigration services and I wanted to know if I could use your firm also to process my green card? With me in California and your firm in Maryland, is it legal, can we do this?

Answer #3
MVP Law Group is an innovative law firm that provides business immigration services to corporations, universities, hospitals, and other organizations, as well as, entrepreneurs and individuals.. Immigration law is federal in nature (i.e., no state or provincial law is involved), therefore, our firm is able to provide U.S. business immigration services to clients located anywhere in the United States and around the world. If you would like to schedule a consultation to discuss your particular situation, please contact our office.

Question #4 – Employment Based Immigration – Green Card
Can a company sponsor my GC as an United Arab Emirates born individual in parallel to H1? (I was born in UAE and I have searched that GC processing depends on your birth country and my GC will be approved in just 6 months).

Answer #4
Based on the general information you have provided, a company is be able to initiate your Employment Based green card filing at the same time as the H-1B filing. Additionally, the priority date for citizens from the UAE in the EB2 preference category is current; however, the priority date for citizens from the UAE in the EB3 preference category is backlogged to November 22, 2005. Accordingly, if you are eligible to file in the EB2 preference category, you should be able to file the I-140 and I-485 petitions concurrently and should receive your GC according to the processing times listed on the USCIS website.

Question #5 – Temporary Work Visa – H2B Nonimmigrant Visa
How many H-2B nonimmigrant visas remain under the 2nd half of FY2011? Under the 1st half of FY2012?

Answer #5
As of 8/12/11, USCIS receipted 30,810 petitions toward the 33,000 H-2B cap amount for the second half of the fiscal year (FY) 2011 (April 1 - September 30). This count includes 29,736 approved and 1,074 pending petitions.

As of 08/12/11, USCIS receipted 3,260 petitions toward the 33,000 H-2B cap amount for the first half of Fiscal Year (FY) 2012, (October 1 - March 31). This count includes 2,516 approved petitions and 744 pending petitions.

Question #6 – Dependent H4 Nonimmigrant Visa
Will my spouse automatically be shifted from F2 to H4 once I receive my approved H1B or do I need to process her case separately?

Answer #6
In this situation, your spouse’s status will not automatically be converted to H4 status, she must file a Form I-539 (Application to Extend/Change Nonimmigrant Status), along with your I-129 visa petition requesting a change of status from F2 to H4. Her case will not need to be processed separately; it can be prepared and filed along with your H-1B visa petition. If you have already filed your H-1B petition, you will have to file her I-539 (H4) petition separately.

Question #7 – Employment Based Immigration – Green Card
It seems like it’s taking a lot longer to conduct recruitment prior to filing the Labor application, what’s the issue?

Answer #7
There are two known reasons for the delay:

(1) 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. After the centralization of this process, it takes approximately 45-60 days to obtain a prevailing wage determination from the DOL. The determinations are issued on a first come, first serve basis.

(2) Currently, 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. They hope to comply with the court order before October 1, 2011.

Question #8 – Family Based Immigration: Marriage – K1 Fiancé Visa
My son is a U.S. Citizen and is engaged to marry his British fiancé. Both have known one another for over nine years and have been engaged for six months. Can my son sponsor his fiancé? What needs to be done?

Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fiancé by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fiancé entering the United States; and (4) you must have met within two years of filing for the visa. Your son should first file a Petition for Alien Fiancé (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate consulate to interview the applicant. Once the applicant attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer.

Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
This is my first time filing for H1B; I just graduated from U.S. University few months ago. My approval notice states that the Consulate has been notified and that I need to appear there to obtain H-1B visa. I thought the approval notice I received was the H-1B visa. What to do?

Answer #9
Before you can commence work with your petitioning employer, an I-9 (Employment Eligibility Verification Form) will need to be prepared and an I-9 requires evidence of a valid and current I-94 (Arrival and Departure Record). If an I-94 has NOT been issued with your approval notice, you must obtain a valid and current I-94. Since you are already in the United States you will need to go back to your home country and obtain an H4 visa and I-94. Or as noted in the Approval Notice, you can file a new H4 petition to seek to change or extend your status based on this petition, if a request was not made or was made and you believe it was improperly or incorrectly denied.

Question #10 – Employment Based Immigration – Green Card
I know there are quite a few GC cases pending and USCIS can only work on cases up to available VISA numbers and once the numbers are consumed, then it could go back with the next VISA bulletin. I think we can call the USCIS and provide details of our case so that based on first come first call; they would process and issue the GC faster.

Answer #10
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. However, your attorney may contact the USCIS via email on your behalf if your I-485 application was filed through the Texas Service Center (TSC). The attorney may send an email to a specific email address to inform the Service Center that their client’s priority date is current. The “streamline” process was created to provide a mechanism for American Immigration Lawyer Association (AILA) members to facilitate TSC processes relating to the identification of EB I-485 applications.

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 2nd, 2011!

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

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on August 17th, 2011 with processing dates as of June 30, 2011.

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

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

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

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

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, 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.

The Department of State has released its latest Visa Bulletin.

Click here to view the September 2011 Visa Bulletin.

The September 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

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

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of August 1, 2011.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 21 months; for an I-129 L1 Appeal - 23 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 31 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 35 months.

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

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 5th, 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.

Changing an address with the various Federal immigration agencies can be confusing, and failure to properly make an address change can lead to denials and other adverse immigration consequences. The Ombudsman's Office encourages immigration benefits applicants and petitioners to promptly notify U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), the U.S. Department of State (DOS), and/or the U.S. Department of Labor (DOL) of any change in address.

USCIS, DOS, EOIR and DOL have separate procedures, filing locations, and timeframes for submitting an address change. A change of address should be reported for each application type, petition, case, and family member with each government agency from which an immigration benefit is being sought. Applicants should use the most permanent address available. To view the chart provided by the Department of Homeland Security, please click here.

USCIS - Change of Address Requirements: Differences between U.S. citizens and non-U.S. citizens

U.S. Citizens
Not required by law, but it's important that you report a change of address for pending cases.

Online: USCIS Online Change of Address
OR
By phone: 1-800-375-5283.

Non-U.S. Citizens
By law, you must complete Form AR-11 to report any change in permanent address within 10 days.

Online: USCIS Online Change of Address (recommended)*
OR
By mail: Download Form AR-11 and Instructions

Note penalty: Willful failure to give written notice to USCIS of a change of address within 10 days is a misdemeanor crime, and could also jeopardize the ability to obtain a future immigration benefit.

*The Ombudsman recommends reporting changes of address online. U.S. citizens will be brought directly to the page where they may update their address for any pending USCIS applications or petitions. Non-U.S. citizens will first be required to report changes of address by completing an electronic Form AR-11 (PDF, 1 page - 370 KB), and thereafter may separately update their address for pending cases.

Information Provided By: U.S. Department of Homeland Security

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 employer appealed my denied labor to BALCA. My employer just got notice that my appeal has been docketed. When will I get a decision?

Answer #1
According to the United States Department of Labor website, it is approximately taking up to two (2) years for a case to be reviewed by BALCA from the date of filing the appeal.

Question #2 – Temporary Travel as a Non-Immigrant
I have an H1B visa stamped on my passport, which expires in Feb. 2012. I am planning to travel outside of the country in Sept. The agency where I work has applied for Adjustment of Status and filed an I-131 form, but I don't have the documents to travel. Can I travel? without this documentation and re-enter just with my H1B visa? Thank you!

Answer #2
Yes, you may travel on your H-1B visa, IF and ONLY IF you are presently still working for your H-1B employer. If so, you may use the H-1B visa stamp and re-enter the U.S. as an H-1B nonimmigrant and resume employment with your H-1B employer. However, you should carry with you a copy of your entire approved petition, along with an updated employment verification letter, most recent paystubs, employment agreement, just to be safe. If not, you must wait for the Advance Parole document to be approved before you may exit the country and attempt to re-enter.

Question #3 – Employment Based Immigration – Green Card
I filed for AOS based on employment. I moved six months after filing concurrently, I-140 and I-485 applications. My fingerprint notice was sent to my old address and then I received a notice in the mail that my I-485 had been denied due to abandonment. (An old friend lives at my old address). I subsequently re-filed the I-485. Some of my friends say this re-filing could have been avoided? How?

Answer #3
If you move while a case is pending with the USCIS, under Section 265 of the Immigration and Nationality Act (8 U.S.C. 1305), you must submit Form AR-11 within 10 days of your move to a specific address provided by the USCIS. If you fail to update your address with the USCIS, correspondence may continue to be sent to your old address and if you fail to respond within a timely manner, it could result in a denial or seriously affect the processing of your case. You could have avoided this situation by simply updating your mailing address online or by submitting Form AR-11 to the USCIS. As explained to you in the I-485 denial, failure to show at a scheduled fingerprint appointment without prior notice is considered abandonment of the application and may result in a denial. With the facts provided, it seems that by the time you received the fingerprint appointment notice and I-485 notice concerning denial, it was beyond the time required to submit a response in a timely manner. Accordingly, you re-filed your I-485 application. Next time, I would recommend you contact an experienced Immigration Attorney.

Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
I had gone for visa stamping and was issued 221(g) blue form. This is the reason given: "Your petition is not currently reflected in the PIMS database. Processing of your case will be suspended until we can verify your petition details." I am worried, is this normal?

Answer #4
It is a normal process and there is no reason to be alarmed, this is a standard procedure, so unfortunately, you must wait until your status/case can be confirmed and then you will receive your visa stamp. As stated below by the DOS, extensions of stay and change of status petitions take longer to verify through the database.

The U.S. Department of State (DOS) has instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS’s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions. Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS’s Computer Linked Applications Information Management System (CLAIMS).

DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, they have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants. Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected.

Question #5 – Employment Based Immigration – Green Card
Please explain to me what “priority date becoming current” means?

Answer #5
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.

Question #6 – Employment Based Immigration – Green Card
My husband received his GC and his last name is spelled wrong on the card. How do I fix it?

Answer #6
You will need to file Form I-90, Application to Replace Permanent Resident Card. If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the “U.S. Department of Homeland Security”) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.

Question #7 – Immigration Options for a Nanny
I am looking to hire a Nanny for my twin daughters who are 18 months. What options are available?

Answer #7
The options for hiring foreign-born nannies are very limited, but there are options. Options available: J-1 Visa, H-2B Visa, and Sponsorship of the Foreign Worker as a Skilled Worker under the EB3 Preference Category (Employment Based Immigrant Visa – Green Card). You should consider each option and the possible benefits and drawbacks of each option. Unfortunately, the EB3 preference category for Skilled Workers is oversubscribed, and accordingly, this option will take years and thus may not be the best available option considering your children may be 10 years old by the time an Immigrant Visa number becomes available for the sponsored Nanny.

Question #8 – Visa Bulletin
I always check the visa bulletin and the movement varies. One time, there was a 3 month movement and the next time it was just 22 days, then a month. Why is that so?

Answer #8
Each month, the State Department issues the visa bulletin, usually in the middle of the month. When the bulletin is issued, it will provide information that will take effect on the first day of the following month. Depending on the availability of immigrant visas, the priority dates in each category and for each country can change each month. However, please note that the priority dates can also stay the same. They can move very slowly or progress by several months or years. They can move forward or backward. Therefore, there is no way to anticipate what the priority date will be in a future month or when a category will become current.

Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
One of our employees is going on vacation from 08/15-09/10 and we are getting his h1b ext. in October and he has to go for visa in home country and he is requesting us to premium process his H1 ext. and wondering whether we can do it right now and can get approval before he leaves and he wants to appear for Visa with the new one. Please suggest whether we can do it right now or can we do it after he comes back from the vacation.

Answer #9
The answer to your question depends upon the specifics of your case; whether an end client will need to be obtained and if it can be obtained within the time period, whether forms and filing fees can be returned within a reasonable time; whether the LCA will be certified within the time frame given; etc. There are many circumstances that will need to be considered before a final decision is made on whether to prepare and file the extension now or wait until the return of the beneficiary to the U.S. We can file cases with the USCIS within 6 months of the current visa's expiration. Therefore, if his current H-1B expires on 10/2011, you could prepare and file the extension case now. Knowing the above information, please consider all of the circumstances of the case before you make a decision to proceed forward.

Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain under the CAP?

Answer #10
As of July 15, 2011, there were approximately 44,500 H-1B Regular CAP subject nonimmigrant visas remaining and 7,200 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.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, August 5th, 2011!

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

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on July 20th, 2011 with processing dates as of May 31, 2011.

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

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

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

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

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, 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.

The Department of State has released its latest Visa Bulletin.

Click here to view the August 2011 Visa Bulletin.

The August 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

The following immigration-related bills were introduced into the House of Representatives and the Senate in June 2011 and summarized below by AILA (American Immigration Lawyers Association):

Senate Bills

Protect Our Workers from Exploitation and Retaliation (POWER) Act (S. 1195)
Introduced by Sen. Menendez (D-NJ) on 6/14/11
Summary: Amends the INA to exclude from the definition of "immigrant" under such Act a nonimmigrant alien who files a petition for status if the Secretary of Homeland Security (DHS) determines that the alien: (1) has suffered abuse or harm as a result of having been a victim of criminal activity; (2) has suffered substantial abuse or harm related to specified labor or employment violations related to a workplace claim (workplace violation); (3) is a victim of specified criminal activity and would suffer extreme hardship upon removal; (4) has suffered a workplace violation and would suffer extreme hardship upon removal; (5) has been helpful to a local judge, DHS, the Equal Employment Opportunity Commission (EEOC), the Department of Labor, or the National Labor Relations Board (NLRB) or to other authorities investigating, prosecuting, or seeking civil remedies for workplace violation; or (6) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim and reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process by the employer in relation to acts underlying or related to the filing of the claim.
Authorizes the Secretary of DHS to permit certain aliens to remain temporarily in the United States. Sets forth protections in an enforcement action leading to a removal proceeding taken against certain aliens.

Accountability Through Electronic Verification Act (S. 1196)
Introduced by Sen. Grassley (R-IA) on 6/14/11
Summary: Expands the use of E-Verify.

Refugee Protection Act of 2011 (S. 1202)
Introduced by Sen. Leahy (D-VT) on 6/15/11
Summary: Amends the INA to reaffirm the United States' historic commitment to protecting refugees who are fleeing persecution or torture.

Border Tunnel Prevention Act of 2011 (S. 1236)
Introduced by Sen. Feinstein (D-CA) on 6/20/11
Summary: Deters the construction and use of border tunnels to reduce the trafficking of drugs and to prevent human smuggling across the Southwest Border.

S. 1258
Introduced by Sen. Menendez (D-NJ) on 6/22/11
Summary: Provides for comprehensive immigration reform.

Trafficking Victims Enhanced Protection Act of 2011 (S. 1259)
Introduced by Sen. Durbin (D-IL) on 6/22/11
Summary: Amends the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to prohibit the provision of peacekeeping operations assistance to governments of countries that recruit and use child soldiers.

Trafficking Victims Protection Reauthorization Act of 2011 (S. 1301)
Introduced by Sen. Leahy (D-VT) on 6/29/11
Summary: Authorizes appropriations for fiscal years 2012 to 2015 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in person

House Bills

IDEA Act of 2011 (H.R. 2161)
Introduced by Rep. Lofgren (D-CA) on 6/14/11
Summary: Immigration Driving Entrepreneurship in America Act of 2011. Amends the INA to promote innovation, investment, and research in the United States.

Legal Workforce Act (H.R. 2164)
Introduced by Rep. Smith (R-TX) on 6/14/11
Summary: Amends the INA to make mandatory and permanent requirements relating to the use of an electronic employment eligibility verification system.

Protect Our Workers from Exploitation and Retaliation (POWER) Act (H.R. 2169)
Introduced by Rep. Chu (D-CA) on 6/14/11
Summary: Amends the INA to exclude from the definition of "immigrant" under such Act a nonimmigrant alien who files a petition for status if the Secretary of Homeland Security (DHS) determines that the alien: (1) has suffered abuse or harm as a result of having been a victim of criminal activity; (2) has suffered substantial abuse or harm related to specified labor or employment violations related to a workplace claim (workplace violation); (3) is a victim of specified criminal activity and would suffer extreme hardship upon removal; (4) has suffered a workplace violation and would suffer extreme hardship upon removal; (5) has been helpful to a local judge, DHS, the Equal Employment Opportunity Commission (EEOC), the Department of Labor, or the National Labor Relations Board (NLRB) or to other authorities investigating, prosecuting, or seeking civil remedies for workplace violation; or (6) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim and reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process by the employer in relation to acts underlying or related to the filing of the claim. Authorizes the Secretary of DHS to permit certain aliens to remain temporarily in the United States. Sets forth protections in an enforcement action leading to a removal proceeding taken against certain aliens.

Refugee Protection Act of 2011 (H.R. 2185)
Introduced by Rep. Lofgren (D-CA) on 6/15/11
Summary: Amends the INA to reaffirm the United States' historic commitment to protecting refugees who are fleeing persecution or torture.

Deport Convicted Foreign Criminals Act (H.R. 2199)
Introduced by Rep. Poe (R-TX) on 6/15/11
Summary: Prohibits the issuance of certain visas to nationals of a country that denies or unreasonably delays the repatriation of a national ordered removed from the United States to such country.

Child Trafficking Victims Protection Act (H.R. 2235)
Introduced by Rep. Roybal-Allard (D-CA) on 6/16/11
Summary: Provides enhanced protections for vulnerable unaccompanied alien children and female detainees.

Border Tunnel Prevention Act of 2011 (H.R. 2264)
Introduced by Rep. Reyes (D-TX) on 6/21/11
Summary: Deters the construction and use of border tunnels to reduce the trafficking of drugs and to prevent human smuggling across the Southwest Border.

Torture Victims Relief Reauthorization Act of 2011 (H.R. 2404)
Introduced by Rep. Smith (R-NJ) on 6/28/11
Summary: Amends the Torture Victims Relief Act of 1998 to authorize appropriations to provide assistance for domestic and foreign programs and centers for the treatment of victims of torture.

Source:"AILA InfoNet Doc. No. 11070672 (posted Jul. 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, July 8th, 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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on June 13th, 2011 with processing dates as of April 30, 2011.

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

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

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

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

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, 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 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
Potential employers keep telling me USCIS is no longer accepting H1B Visa petitions. I had the same answer from more than one employer. How can it be possible if the 2012 cap has not been reached? They told me I have to apply for an O1 visa...

Answer #1
I am not sure where these employers are obtaining their information from, as the H1B Regular Cap and Masters Cap for FY2012 remain open and petitions are readily accepted and processed by the USCIS for employment beginning October 1, 2011.

Question #2 – Employment Based Immigration – Green Card
Hi, I have a pending 485 application in EB3 category with a priority date of Oct 2006. I am interested in porting my EB3 application to EB2. Can I do this?

Answer #2
If you have the necessary education and experience you may qualify to port your earlier EB3 I-140 priority date to the new EB2 I-140 petition.

Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H1 nonimmigrant visas remain under the CAP?

Answer #3
As of June 1st, 2011, there were approximately 51,400 H-1B Regular CAP subject nonimmigrant visas remaining and 10,700 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 h1bvisalawyer blog.

Question #4 – General
I work for a company in San Diego, California, a computer company. They have expressed an interest in sponsoring my green card. I have a friend in Maryland who used your firm for other immigration service and I wanted to know if I could use your firm to process my green card? With me in California and your firm in Maryland, can we do this, is it legal?

Answer #4
MVP Law Group is an innovative law firm that provides business immigration services to corporations, universities, hospitals, and other organizations, as well as, entrepreneurs and individuals. Immigration law is federal in nature (i.e., no state or provincial law is involved), therefore, our firm is able to provide U.S. business immigration services to clients located anywhere in the United States and around the world. If you would like to schedule a consultation to discuss your particular situation, please contact our office.

Question #5 – Employment Based Immigration – Green Card
Is it true that once I got the I-140 I can find another company to sponsor me beyond my 6 years in case my current company will no longer continue my employment?

Answer #5
The American Competitiveness in the 21" Century Act of 2000 (AC21), which amends §204(j) of the Immigration and Nationality Act (INA) provides:

Job flexibility for long delayed applicants for adjustment of status to permanent residence. —A petition under subsection (a)(1)(D) for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained un-adjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or similar occupational classification as the job for which the petition was filed.

This provision allows employment-based adjustment of status applicants (from any nonimmigrant status) whose I-485s have been pending for 180 days or more to change jobs or employers without invalidating the underlying Petition for Alien Worker (Form I-140) or certified Application for Alien Employment Certification (ETA Form 9089), as long as the new job is in the same or similar occupational classification as the one for which the Petition was filed.

Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am not sure what is going on. I have an H-1B application pending since February 2011, no RFE issued yet. Can I contact USCIS for them to look further into the case and why it is taking so long. Is it true?

Answer #6
For a pending I-129 petition, the Petitioner/Authorized Representative or an Attorney for the Petitioner/Applicant should contact the USCIS National Customer Service Center, which can be reached at 1-800-375-5283, to initiate the service request for a petition that is outside of the normal processing time.

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, the applicant’s full name, your complete company mailing address, the applicant’s complete mailing address, the applicant’s date of birth, the applicant’s receipt number for the pending application/petition, and the filing date of the applicant’s pending application/petition. If your case is outside of the normal processing time, the Officer/Agent should 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 #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
My I-140 was denied and my employer has appealed the decision. My H1 is due to expire next January 2012 as I am currently in my 6th year. Can we apply for H1 extension based on pending I-140 appeal? If yes, for 3 years or for 1 year?

Answer #7
Under AC21, yes you may be eligible to file an H-1B extension beyond the six year period if you appealed the denied I-140 in a timely manner (before the deadline). An applicant is eligible to file for H-1B one-year extensions if they have a pending I-140 petition appeal at the Administration Appeals Office (AAO).

Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have to go for visa stamp in India. What documents should I have?

Answer #8
We recommend that you take the following with you to your visa appointment (by having all of this documentation you should be fully prepared and able to answer any questions that may arise concerning your petition) - all the required documents for any non-immigrant visa Plus; I-797 -- the original notice of approval; two (2) copies of the complete I-129 petition submitted by your prospective employer including the Labor Condition Application (LCA); the originals, plus one copy, of your university diplomas, mark sheets and any certificates you may have. (Secondary school information is not required); Letter from petitioning employer confirming employment; Original, plus one copy, of your work experience letters from your previous employers; Pay slips from current or most recent place of employment; Names and current phone numbers of the personnel managers at the applicant's present and past jobs; Photographs of the inside and outside of current or most recent employer's place of business; Names and contact information of two co-workers from your current or most recent place of employment; Names and contact information of two co-workers from past jobs; A complete resume/bio-data and cover letter describing current job duties in detail; Personal bank records for the last six months; and US company information: photographs of the inside and outside of the company's offices, prospectus, brochures, and annual report.

Question #9 – Family Based Immigration
My Grandfather (Dad's Dad) was a US citizen and he had filed an I-130 petition (Immigrant petition for relative, fiancé, or orphan) for my dad in Feb 2007. Unfortunately, my grandfather passed away this April. My dad's sisters are U.S. citizens and they are willing to take over the case, if we can transfer the petition. I would like to know if there anything that can be done with this petition now? Or is it a closed chapter?

Answer #9
Under regulation 8 C.F.R. § 205.1(a)(3)(i)(C)(2), an I-130 petition is automatically revoked upon the death of the petitioner, unless:
USCIS determines, as a matter of discretion exercised for humanitarian reasons in light of the facts of a particular case, that it is inappropriate to revoke the approval of the petition. USCIS may make this determination only if the principal beneficiary of the visa petition asks for reinstatement of the approval of the petition and establishes that a person related to the principal beneficiary in one of the ways described in section 213A(f)(5)(B) of the Act is willing and able to file an affidavit of support under 8 C.F.R. part 213a as a substitute sponsor.

Only a spouse, parent, mother in law, father in law, sibling, child, son, daughter, son in law, daughter in law, brother in law, sister in law, grandparent, grandchild or legal guardian of the principal beneficiary is eligible to be a substitute sponsor. A substitute sponsor must also be a U.S. Citizen/national or Lawful Permanent Resident (LPR), be at least 18 years of age, be domiciled (live) in the U.S. and meet all of the financial requirements of a sponsor.

Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
I just got my H-1B extension approved and they gave me valid I-94. Do I need to go home to obtain visa stamp in order to work?

Answer #10
If the beneficiary has been issued a valid I-94 but the beneficiary does not have a valid H1B visa in the passport, they can commence work with the petitioning employer. The beneficiary does not need current visa in their passport unless the beneficiary desires to travel. The beneficiary will probably be required to go to the beneficiary’s home country to obtain the H1B 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, June 24th, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

The Department of State has released its latest Visa Bulletin.

Click here to view the July 2011 Visa Bulletin.

The July 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

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.

To help create a more safe, secure and timely way of delivering immigration documents, US Citizenship and Immigration Services (USCIS) recently implemented the Secure Mail Initiative (SMI).

The new SMI was created through a partnership between USCIS and USPS which utilizes priority mail and delivery confirmation of permanent resident cards, documents for travel and employment authorization. Additionally, SMI allows individuals to track and stay up-to-date on the status of their package through USPS tracking. Once an individual has been notified of an approval, they can call the USCIS Customer Service Center at 800-375-5283 to request tracking information. After receiving the tracking number, individuals can log on to www.usps.com to track their package.

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 20th, 2011, there were approximately 52,700 H-1B Regular CAP subject nonimmigrant visas remaining and 11,500 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 prepared to file my I-485, what are the associated USCIS filing fees? Do I have to pay for EAD and AP?

Answer #2
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 #3 – 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 #3
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.

Question #4 – Family 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 #4
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 #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
One of our employees is going on vacation from 06/25/2011 – 07/28/2011 and we are getting his h1b ext. in June, as he expires in September and he has to go for visa in home country and he is requesting us to premium process his H1 ext. and wondering whether we can do it right now and can get approval before he leaves and he wants to appear for Visa with the new one. Please suggest whether we can do it right now or can we do it after he comes back from the vacation.

Answer #5
The answer to your question depends upon the specifics of your case; whether an end client letter will need to be obtained and if it can be obtained within the time period, whether forms and filing fees can be returned within a reasonable time; whether the LCA will be certified within the time frame given; etc. There are many circumstances that will need to be considered before a final decision is made on whether to prepare and file the extension now or wait until the return of the beneficiary to the U.S. We can file cases with the USCIS within 6 months of the current visa's expiration. Therefore, if his current H-1B expires on 9/2011, you could prepare and file the extension case once the beneficiary returns and it will still be deemed a timely filing. Knowing the above information, please consider all of the circumstances of the case before you make a decision to proceed forward.

Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
I went for visa stamping and was issued 221(g) form. This is the reason given: "Your petition is not currently reflected in the PIMS database. Processing of your case will be suspended until we can verify your petition details." According to the visa officer, I should get my passport in 14 days. I am worried, is this a normal thing? What can my employer do to speed things up?

Answer #6
It is a normal process and there is no reason to be alarmed, this is a standard procedure, so unfortunately, you must wait until your status/case can be confirmed and then you will receive your visa stamp. Your employer has no control or authority over this process; therefore, there is nothing they can do to assist. As stated below by the DOS, extensions of stay and change of status petitions take longer to verify through the database.

The U.S. Department of State (DOS) has instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS’s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions. Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS’s Computer Linked Applications Information Management System (CLAIMS).

DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, they have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants. Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected.

Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have been considering teaching for a while as a way to give back to my community and was wondering being on H1-B, would I be able to hold a part-time teaching position at a university or college, if given the opportunity?

Answer #7
You would be able to hold a part-time teaching position at a university or college; however, the University or College must be willing to sponsor your H-1B visa. The University or College would have to go thru the normal process of preparing and filing the necessary forms and paying the necessary USCIS filing fees, if applicable, as well as paying all legal fees involved.

Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
What is the grace period on an H1B extension? I reside in California, my current H1 visa expires on 6/25/2011 and I’ve filed for an extension on 4/9/2011. I got receipt already.

Answer #8
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 #9 – Employment Based Immigration – Green Card
My priority date is current as of the June 2011 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 #9
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 #10 – Temporary Work Visa – H-1B Nonimmigrant 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 #10
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.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, June 10, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on May 17, 2011 with processing dates as of March 31, 2011.

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

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

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

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

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

The Department of State has released its latest Visa Bulletin.

Click here to view the June 2011 Visa Bulletin.

The June 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

*Section D explains that the determination of the June cut-off dates was delayed in order to monitor the demand by applicants to "upgrade" their status from Employment Third to Employment Second preference.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

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.

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.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of May 1, 2011.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 18 months; for an I-129 L1 Appeal - 22 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 30 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 32 months.

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

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.

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 29th, 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.

Eighth part of our ten part series examining the American Immigration Lawyers Association’s (AILA) publication of “What to Watch Out for on Immigration in 2011.”

Topic #8: Restrictions on Immigration That Hurt Families
Throughout history, the majority of legal immigration into the United States has comprised of individuals reuniting with their family members and workers obtaining jobs in American businesses. Both business and family immigration have benefited the country greatly in times of economic hardship.

Immigration law currently allows U.S. citizens and lawful permanent residents to sponsor other family members for immigrant visas, but because of the lack of immigration reform, there are tremendous backlogs. These backlogs can keep families from being reunited for up to 20 years.

Legislation is currently being proposed by lawmakers that would further restrict and even try to eliminate the family visa system. If passed, the legislation would dramatically alter U.S. immigration policy. The support of family helps immigrants better integrate and assimilate into American society. Families also benefit the overall U.S. economy by paying taxes, starting businesses, expanding our tax base, and broaden tax revenues. Additionally, the proposed laws would only send the message that the U.S. punishes individuals that have followed the law and worked to enter the country legally to be reunited with their family.

A points system was proposed in 2007 that would have replaced the need for family and employer sponsorship. Points would have been awarded for certain characteristics such as age, skills, education and English proficiency – then if you had enough points you could apply for a green card. AILA disagreed with the points system and found many inherent problems with it. If it had been passed it would have changed the fundamental immigration system, been difficult to implement and very vulnerable to fraud. Also, with the points system all immigrants are put into one lumped group, they are not separated by skill level which favors higher skilled workers and hurts family immigration. Lastly, the system would have given too much authority to the federal government to select who is best for jobs; as employers would no longer be the ones recruiting individuals based on specialized skills and knowledge.

AILA believes a policy is needed that recognizes the importance and economic contribution of family immigration.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on April 18, 2011 with processing dates as of February 28, 2011.

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

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

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

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

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

The Department of State has released its latest Visa Bulletin.

Click here to view the May 2011 Visa Bulletin.

The May 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

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.

As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.

In general, if the government shuts down for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?

USCIS Update: USCIS has confirmed to AILA Liaison that it will be operating, except for E-Verify, if the government does shut down.

DOS Update: DOS confirmed to AILA Liaison that if there is a shutdown, the only visa processing will be for "life or death" emergencies. In prior budget-related shutdowns, DOS has continued to provide diplomatic visas and has been wont to say "a really, really important business meeting is not life or death."

CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.

EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.

DOL Update: OFLC confirmed that it would cease processing all applications in the event of a government shutdown. DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries.

Other agencies will be added, and the above updated, as AILA obtains more information.

Information Source: "AILA InfoNet Doc. No. 11040730 (posted Apr. 8, 2011)"

The following information has been provided by AILA, the American Immigration Lawyers Association.

As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.

In general, if the government shuts down for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?

USCIS (United States Citizenship and Immigration Services): A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. AILA will update this information as they get more information.

DOS (Department of State): If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."

CBP (Customs and Border Patrol): Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.

EOIR (Executive Office for Immigration Review): EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.

DOL (Department of Labor): DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. AILA does not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available.

Other agencies will be added, and the above updated, as AILA obtains more information.

Source of Information - AILA InfoNet Doc. No. 11040730 (posted Apr. 7, 2011)

Sixth part of our ten part series examining the American Immigration Lawyers Association’s (AILA) publication of “What to Watch Out for in Immigration in 2011.”

Topic #6: Limiting the Opportunity for a Fair Hearing and Due Process

One of the most basic and fundamental rights we as citizens have been afforded is access to the court system and equal judgment under the law. In the immigration system, the idea of due process and the right to a fair trial have been disregarded.

Since 1996, legislation has been passed prohibiting the rights of both legal and undocumented immigrants in the court system. The passing of such laws has allowed individuals to be removed by the Department of Homeland Security (DHS) without as much as a court hearing. Even now the decisions made by DHS concerning the removal and judicial treatment of immigrants are only able to be narrowly reviewed by federal district courts. Further, restrictions have been proposed recently that if passed would prohibit individuals applying for citizenship from appealing their case to the federal courts and would expand summary deportations.

AILA outlined some pertinent reasons to ensure both undocumented and legal immigrants are granted the right to a fair hearing and due process. Limiting the rights of immigrants eliminates the “checks” in the “checks and balances” of our government. Additionally, it gives too much responsibility to immigration officers who can change the lives of immigrants instantly with a decision to deport them. The number of deportations of asylum seekers and individuals who should rightfully remain in the U.S. will also rise with the increase in use of summary deportations.

If you have any ideas on how best to fix our broken immigration system, we welcome your comments and suggestions…

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of April 1, 2011.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 17 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 29 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 32 months.

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

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
If my priority date is June 2008 under the EB-3 category and my H-1B visa will expire in October 2012 (using up my 6 years), should I move to a different company so I can re-file my green card application under EB-2? Or should I wait until I renew my H-1B until 2012 before moving?

Answer #1
If you have an approved I-140 and a valid offer of employment, you may move to the new company by filing an H-1B extension for three years based on the approved I-140; however, it can complicate your green card application. If you move, the previous employer could withdraw your approved I-140 and you would have to begin the Labor process from scratch and lose your priority date. This is an important factor that you will have to consider and discuss with your current employer.

Question #2 – Employment Based Immigration – Green Card
My husband is on H-1B is waiting for his I-485 (EB-3 Mexico with a July 11, 2008 priority date). I am currently on H4 and also have a degree in Economics, so I was wondering if I could apply for a TN visa without jeopardizing my chance to get a green card?

Answer #2
Has an I-485 application been filed on your behalf? By applying for a TN visa, you are not jeopardizing your chances, as long as you are eligible for the visa and have a sponsoring employer.

Question #3 – Employment Based Immigration – Advance Parole
We have advance parole expiring on Sep 29th, 2011. And we would like to renew our Advance parole within 120 days of expiration date. What is the earliest date that we may apply without being rejected?

Answer #3
You may apply on or after June 2, 2011.

Question #4 –Temporary Work Visas – H-1B Nonimmigrant Visa
I’d like to apply for an H-1B visa under the H-1B CAP. Is the H1B Visa Quota still available for the year 2011?

Answer #4
No, the H-1B FY2011 CAP opened on April 1, 2010 and the quota was reached in January of 2011. The H-1B FY2011 runs from October 1, 2010 until September 30, 2011. FY stands for Fiscal Year. 65,000 visas have already been allocated for FY2011.

The H-1B 2012 CAP opens today April 1, 2011 and will remain open until a sufficient amount of visa petitions are received to reach the quota. The H-1B FY2012 runs from October 1, 2011 until September 30, 2012.

Question #5 –Temporary Work Visas – H-1B Nonimmigrant Visa
Can your firm sponsor my H-1B or find a company to sponsor me? I am ready to come to the U.S. and work; I have a BS in Computer Science

Answer #5
We are a law firm that will help you prepare the paperwork (Forms and documents) for your H-1B non-immigrant petition once you find an employer willing to sponsor you for employment; however, we cannot find you H-1B sponsorship. In summary, once you have secured an H-1B sponsor (U.S. employer), we can then assist you with the process.

Question #6 – General
I am not sure what is going on with my pending I-140 application. I heard through the various immigration forums that I can contact USCIS and make a request for them to look further into my case and see why it is taking so long. Is this true? How do I do it? Does my employer need to contact them?

Answer #6
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 #7 – Employment Based Immigration – Advance Parole
We would like to file for renewal Advance Parole document. Please confirm if this is going to be an issue if we travel to India during June or August. During that time we will have current Advance parole (Exp August 28,2011) and future advance parole in pending status.

Answer #7
As long as you file the advance parole renewal prior to your departure and return prior to the expiration of your current AP document 8/28/2011, you should not encounter any issues.

Question #8 – Employment Based Immigration – Green Card: Biometrics
I believe the fingerprints that the USCIS have on file for my 485 application are old. Additionally, my wife has received her fingerprint appointment notice, should I just go and get my done with her, I haven’t got my notice yet. Should I take Info pass appointment to give them a new set of fingerprints?

Answer #8
USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

Question #9 –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.

Answer #9
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. 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 #10 – Family Based Immigration – Green Card – Marriage Based (K1)
What are the restrictions on a 'conditional green card”? Once my husband gets his GC, can he travel (internationally)?

Answer #10
Yes, he can 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, the USCIS wants 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 will 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.

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 15th, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

Fifth part of our ten part series examining the American Immigration Lawyers Association’s (AILA) publication of “What to Watch Out for in Immigration in 2011.”

Topic #5: Punitive Enforcement Approaches

In the 112th Congress violations of immigration laws are expected to have stricter penalties and further legislation is likely to be proposed in connection to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) that was passed in 1996.

These proposed radical enforcements include mass deportation of any individual in the US illegally, deportation for lawful permanent residents who commit even minor crimes, deportation for visitors who stay past the visa expiration date as well as punishment for individuals who use fake passports and visas. Additionally, many lawmakers also wish to expedite hearings and take away individuals legal right to a fair trial. Although consequences are needed for those individuals who break the law, the legislation proposed is not proportionate to the crimes and would be difficult to implement.

Both the Bush and Obama administration worked to enforce immigration law effectively during fiscal year 2010 through the Emergency Border Security Supplemental Appropriations Act as well as increased border security agents and surveillance technology.

Those who favor a more stricter immigration policy feel more officers on the border is one of the only ways to limit the number of illegal immigrants in the US. However opponents, both democrats and republicans alike, feel the mass deportation approach is too unrealistic. Additionally, according to the Center for American Progress deporting all the undocumented workers in the US over five years would cost approximately $41.2 billion each year. The deportation of all illegal immigrants who currently live in the U.S. would also tremendously harm the U.S. economy.

In 2005, the House passed legislation that would have made it a criminal offense for someone to be in the U.S. while on an invalid visa or without green card; currently this is only a violation of civil immigration laws. Many have raised their concerns over this legislation because the conditions of a visa can easily be violated without it being criminal, for example, a college student not taking enough credits under their visa. Passing the legislation would also push the illegal immigrants further away from society and authorities out of fear for deportation. Not to mention the fact that the bill would create an increase in immigration cases in the court system, currently overwhelmed with present cases.

We desperately need an answer; however, deporting our entire illegal immigrant community is not the best nor most economical approach. If you have any ideas on how best to fix our broken immigration system, we welcome your comments and suggestions…

MVP "Immigration Q & A Forum" - This Friday, April 1st, 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, 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 1st, 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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on March 14, 2011 with processing dates as of January 31, 2011.

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

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

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

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

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

MVP "Immigration Q & A Forum" - This Friday, March 18th, 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, 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 18th, 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.

The Department of State has released its latest Visa Bulletin.

Click here to view the April 2011 Visa Bulletin.

The April 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

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.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of March 1, 2011.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 16 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 28 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 31 months.

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

MVP "Immigration Q & A Forum" - This Friday, March 4th, 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, March 4th, 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, 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 – Nonimmigrant Visa
Can I travel on my current nonimmigrant visa or do I need to get advance parole?

Answer #1
If you have a valid nonimmigrant visa stamp in your passport and copies of your approval notice and a copy of the petition, you should be able to travel on your nonimmigrant visa. Advance Parole is a separate creature that you may apply for once you are able to file an I-485 petition for either a family based or employment based green card. The Advance Parole document allows you to travel outside the country while your I-485 application is pending.

The nonimmigrant visa and advance parole are two separate and distinct items, you may have both if you are applying for adjustment, but if you only have a valid nonimmigrant visa stamp in your passport, you should be able to travel.

Question #2 –Green Card
How long can you live outside the United States and still keep your green card valid?

Answer #2
One should be able to use one's green card to return from trips abroad of up to one year. However, anytime a green card holder leaves the U.S., he or she is subject to being accused by the Customs and Border Patrol (CBP) of having abandoned the intention of living in the U.S., and is subject to having the green card taken away--on the spot. Staying longer than one year may also affect the naturalization process if and when you attempt to apply.

Question #3 – Temporary Work Visa
I am interested in coming to the United States and being sponsored by a religious organization. I know that the H-1B cap is closed, so you can tell me about the R-1 visa and what requirements it has?

Answer #3
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. To qualify: 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.

Question #4 – Nonimmigrant Visa
What is the TN Visa and how can I qualify for it?

Answer #4
The TN Visa is a product of NAFTA, the North American Free Trade Agreement. Under the North American Free Trade Agreement (NAFTA), certain citizens of Canada and Mexico are eligible to enter the U.S. under the nonimmigrant TN status. The TN Visa enables Canadian and Mexican citizens to temporarily work in the U.S. in a NAFTA-approved professional occupation.

Question #5 – General
How long can you lawfully stay in the United States before returning home after a visa expires?

Answer #5
Generally, it depends on the visa issued. We recommend a period of two weeks after the expiration of your visa to get your affairs in order for your departure. However, if you remain in the U.S. longer than 180 days after the expiration of your visa, you most likely will be subject to the 3 year or 10 year bar from returning to the U.S., unless certain circumstances prevented your departure.

Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am interested in filing for an H-1B visa but I know the cap just closed so when can I file my case for the next year’s cap?

Answer #6
The H-1B FY2012 CAP will open on April 1, 2011 with employment beginning October 1, 2011. For more information contact MVP Law Group, P.A.

Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
If I am on an H-1B visa, do my wife and children automatically receive H-4 status or do they have to apply for it?

Answer #7
No, they would have to apply for the H4 visa status. If the beneficiary’s spouse/children are in the United States on another status other than H status, e.g. student status, an application to change their status to an H status should be filed. If the beneficiary or the beneficiary’s spouse/children are outside the United States and the beneficiary wishes to apply for a derivative visa (referred to as an H4 visa) abroad, and the H4 visa application can be made and is available on walk-in basis at the U.S. Consulate abroad along with or after the grant of the H1B approval, no other processing is required for an H4 visa abroad. Contact the consulate abroad or an Information Officer at the United States Department of State Visa Office at 202.663.1225 for the procedures or documents that may be required.

Question #8 – General
If my case was issued an RFE, what does that mean? Does it automatically mean that my case will be denied? What chance do I have of getting my visa granted if an RFE was issued?

Answer #8
A Request for Evidence (RFE) is issued when additional evidence is required, as the adjudicator believes that it cannot make a decision based on the initial evidence/documentation provided. A USCIS adjudicating officer could issue an RFE pertaining to the alien applicant's eligibility, the Petitioner’s financials, the legitimacy of the Petitioner’s company, etc. Many cases do receive RFE’s, and after submission of additional legal arguments, explanations, and evidence, the cases are often approved. Receiving an RFE on a submitted case does not automatically mean that the case will be denied.

Question #9 – Family Based Immigration – Green Card
As a US citizen, who can I file a Form I-130, Petition for Alien relative on behalf of? Do the people I can petition on behalf of change if I am only a legal permanent resident?

Answer #9
As a U.S. Citizen (USC), you may petition on behalf of the following individuals: Immediate relatives of U.S. citizens may immigrate to the United States in unlimited numbers - Spouses of U.S. citizens (including widows and widowers of U.S. citizens who were married to U.S. citizens for at least two years and are applying for a green card within two years of the U.S. citizens’ death); Unmarried children of U.S. citizens that are under the age of 21; Parents of U.S. citizens. The U.S. citizen petitioner must be 21 years of age.

These individuals will most likely have to wait in line, possibly for many years, prior to being able to obtain a green card - Unmarried children, any age, of U.S. citizens; Married children of U.S. citizens; Sisters and brothers of U.S. citizens. The U.S. citizen must be at least 21 years of age.

As a Lawful Permanent Resident (LPR), you may petition on behalf of the following individuals: Spouses and unmarried children (under the age of 21) of green card holders; and Unmarried sons and daughters of green card holders, who are at least 21 years old.

Question #10 – Employment Based Immigration – Green Card - EAD Renewal
I filed for my EAD renewal back in November of 2010 and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD since my card is expiring? What can I do I can’t risk losing my current job?

Answer #10
When an EAD renewal has been pending for 75+ days, you may initiate an ‘outside the processing times’ Service Request with the USCIS. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work. You MUST wait for your EAD card to arrive in the mail before you can begin to work again.

You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.

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 4th, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on February 14, 2011 with processing dates as of December 31, 2010.

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

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

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

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

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

MVP "Immigration Q & A Forum" - This Friday, February 18th, 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, February 18th, 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.

The Department of State has released its latest Visa Bulletin.

Click here to view the March 2011 Visa Bulletin.

The March 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of February 1, 2011.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 15 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 27 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 30 months.

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

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
My company petitioned on behalf of a foreign national back in 2008. The national arrived in 2009 and has since obtained her PT license. Back in 2008 we filed her as a PT assistant. Is there anything we need to do now other than file a new LCA?

Answer #1
This sounds like a material change in duties, salary and possibly location and will require not just a new LCA but an amended H-1B petition will need to be filed with the USCIS. A new LCA alone will not update the records with the USCIS; it only creates a new record with the Department of Labor (DOL). If you are interested in placing this individual at a new client site based on her PT qualifications, a new petition will definitely need to be filed with the USCIS, not just the filing of a new LCA.

Question #2 – Employment Based Immigration – Green Card
I appealed my denied my labor application to BALCA. My employer just got notice that my appeal has been docketed. When can I expect a decision?

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

Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
Is the H-1B FY2011 CAP still open?

Answer #3
NO. As of January 26th, 2011 USCIS reported that they have received a sufficient number of H-1B nonimmigrant visa petitions to reach the 65,000 annual CAP. The H-1B FY2012 CAP will open on April 1, 2011 with employment beginning October 1, 2011. For more information contact MVP Law Group, P.A.

Question #4 – 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 #4
They are separate and distinct creatures. Therefore, to put it simply, an approved I-765 is not an indication that the I-485 is getting closer to being approved.

Question #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have a student on OPT currently working for my company. 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?

Answer #5
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 #6 – Family Based Immigration – Green Card
My father is a U.S. Citizen and agreed that he would sponsor my GC. He currently makes roughly $21k annually. Can he sponsor me for my GC?

Answer #6
To qualify as a sponsor, he must demonstrate that his income is at least 125 percent of the current Federal poverty guideline for his household size. Please refer to the Federal Poverty Guidelines to determine if he could be the primary sponsor for your family based GC application.

Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am presently working on H1 for an exempt University and have found an employer willing to sponsor me in the private sector. Now that the cap has been reached, do I have any options? Can I leave my present employer?

Answer #7
According to a letter dated May 23, 2007 from the Chief of Business and Trade Services of the USCIS, an H-1B applicant may port from a cap-exempt employer to a cap-subject employer if no H-1B visas are available as long as the cap-subject H-1B application is eventually approved and the LCA covers the entire period of employment.

Question #8 – General
My father is in the U.S. on B2 visa obtaining medical treatment for a rare disease. It is unsafe for him to return to his country at this time, plus his treatment isn’t finished. He would like to renew/extend his visa. Can he and how can he?

Answer #8
If your father wants to extend his stay in the U.S., he will have to file an extension with the USCIS. He will need to file Form I-539, Application to Extend/Change Non-immigrant Status before his current status expires (look to the date on his I-94 document). The USCIS recommends that individuals apply to extend their status at least 45 days before the status expires. He will need to provide documentation evidencing the reason for the extension along with the Form I-539.

Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B work, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

Answer #9
Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours + per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.

Question #10 – Employment Based Immigration – Green Card
My husband and daughter have received their Green Cards but I didn’t get mine. I filed for our green cards through my employer. Is there a problem with my case?

Answer #10
Based on the information provided, it seems like there may be an issue with the production/issuance/mailing of your Green Card. Your husband and daughter would not have received their Green Cards if there was a pending issue with your case. From the information you provided, you are the primary applicant and your husband and daughter are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 60 days from the date your husband and daughter received their GCs by calling the National Customer Service Center at 1-800-375-5283.

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, February 18th, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

After taking the oath and becoming a Unites States Citizen (USC), it is important to be aware of the newfound rights and responsibilities that come along with Citizenship.

All American citizens enjoy the following rights: freedom of expression and worship, right to vote in elections, right to a just and speedy trial, ability to apply for federal employment, and of course the freedom of “life liberty and the pursuit of happiness.” The rights guaranteed to individuals who are citizens by choice and by birth also come with responsibilities that they are expected to uphold. Responsibilities include: participating in a democracy, respecting the beliefs and opinions of others, reporting for jury duty, paying taxes, supporting the local community, and being ready to defend the country if the need arises.

Now that you are a citizen, it is also important to make sure you update your Social Security Record because it establishes your eligibility to receive benefits and obtain a job. You can call 1-800-772-1213 or visit www.socialsecurity.gov to locate the nearest office but remember to make sure you bring your Certificate of Naturalization or Passport with you.

If you do not have a U.S. passport but would like one, you are eligible to apply for one now that you are a U.S. citizen. For information on how to apply visit: www.Travel.State.Gov.

Additionally, if you have a child who is younger than 18 years old on the day you were naturalized, they automatically acquire your citizenship status and you may apply for a U.S. passport for them as well.

U.S. citizens can also petition for relatives to become lawful permanent residents by becoming their sponsor. For more information visit: www.uscis.gov/howdoi or contact MVP Law Group.

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
Is the H-1B FY2011 CAP still open?

Answer #1
YES! As of January 14th, 2011 60,700 H-1B Regular CAP subject nonimmigrant visa petitions had been filed with the USCIS toward the 65,000 annual CAP. 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.

Question #2 – 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 #2
Once you have married and have submitted your paperwork to the USCIS, it is taking approximately 3-4 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 #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have been considering teaching for a while as a way to give back and was wondering being on H1-B, would I be able to hold a part-time/adjunct teaching position at a university, if given the opportunity?

Answer #3
You would be able to hold a part-time/adjunct teaching position at a university; however, the University must be willing to sponsor your H-1B visa. The University would have to go thru the normal process of preparing and filing the necessary forms and paying the necessary USCIS filing fees, if applicable, as well as paying all legal fees involved.

Question #4 – Temporary Work Visa – L1 Intra-company Transferee
What is the grace period on an L1A extension? I reside in California, my current L1A visa expires on 3/25/2011 and I’ve filed for an extension on 12/17/2010. I got a receipt for it.

Answer #4
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 #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
I had gone for visa stamping and was issued 221(g) blue form. This is the reason given: "Your petition is not currently reflected in the PIMS database. Processing of your case will be suspended until we can verify your petition details." According to the visa officer, I should get my passport in 10 days. I am worried, is this normal?

Answer #5
It is a normal process and there is no reason to be alarmed, this is a standard procedure, so unfortunately, you must wait until your status/case can be confirmed and then you will receive your visa stamp. As stated below by the DOS, extensions of stay and change of status petitions take longer to verify through the database.

The U.S. Department of State (DOS) has instructed consular posts that approvals of H, L, O, P and Q visa petitions must be verified through the Petition Information Management Service (PIMS) before a nonimmigrant visa can be issued. PIMS is an electronic report generated by DOS’s Kentucky Consular Center that collects nonimmigrant visa petition approval information from USCIS. PIMS contains data on initial petition approvals and on L blanket petitions that were approved in 2004 or later. PIMS does not contain information on approvals of extension of stay or changes of status petitions. Consular officers adjudicating visa applications must consult PIMS to verify the approval of the underlying nonimmigrant visa petition. If the petition approval cannot be verified through PIMS, the officer must contact the Kentucky Consular Center, which in turn attempts to verify the approval through USCIS’s Computer Linked Applications Information Management System (CLAIMS). DOS officials state that PIMS verification typically takes no more than 24 hours and that verification through CLAIMS typically takes two business days. Most cases involving initial nonimmigrant visa petitions are verified within these timeframes. However, they have received many reports of longer processing times for extension of stay and change of status cases. These cases must be verified with the assistance of the Kentucky Consular Center and can take longer to be processed. DOS has indicated that there are no current plans to include extension and change of status approval information in PIMS, which may result in significant delays for many applicants. Foreign nationals who will be applying for nonimmigrant visas should expect longer processing times due to the new PIMS and CLAIMS verification requirement. How long the electronic process will take may vary from case to case. However, same-day and next-day visa issuance should not be expected.

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 answer.

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
The Processing Time Table indicates it takes about 2 months, as on 31/10/2010 update. So I wasn't sure what that 2 months meant, and above all it was last updated on 31/10/2010. Can you tell me why it is taking so long?

Answer #7
Although the USCIS processing times may state 2 months, you have to factor in that when it is posted, that data is already 45 days old. Also, due to the FY2011 H-1B CAP still being available, the USCIS is busy with attempting to adjudicate change of status petitions, extensions and transfers all within the same processing times. Although this explanation is not an excuse, I just want you to be aware of the background with the processing times for the H-1B nonimmigrant visa.

Question #8 – Employment Based Immigration – Green Card
My I-140 Immigrant petition has been approved. My next step is to apply to adjust status to permanent resident. What kind of documents do I need to have for AOS application?

Answer #8
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, including: 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 #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
I've been working on this product that i want to launch, if all goes well, sometime this year. This will be an E-Commerce business. With regards to me being on H1-B, would I be able to start up my own small company?

Answer #9
As a temporary H-1B nonimmigrant worker, you are NOT ALLOWED to start up your own small company. There are other types of visas available if you are seriously interested in starting your own company, but you are not allowed to start up your own small company on your H-1B visa status. If you are interested in other possible options, please contact our office to speak with one of our experienced Immigration Attorneys.

Question #10 – Marriage Based Immigration –Green Card
What is a “Stokes” interview?

Answer #10
A “Stokes” interview is the last opportunity the USCIS provides for you and your spouse to prove the bona fides of your marriage. If the USCIS does not think that your marriage is legitimate, they will schedule a “Stokes” interview. The husband and wife are separately questioned by a USCIS Officer regarding their relationship history, daily interactions, relationship in general, presence on social networking websites, etc. The interview/questioning is recorded and an attorney is permitted to attend.

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, February 4th, 2011! Please remember to submit your questions/comments on our h1bvisalawyerblog.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on January 14, 2011 with processing dates as of November 30, 2010.

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

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

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

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

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

The US Citizenship and Immigration Services (USCIS) is offering a Spanish-language only event called “Enlace” where agency updates will be given, a presentation will be shown, and an open forum for general questions will be conducted.

The topic for the event is “How Do I Help My Relative Become A Permanent Resident in the United States?”

The engagement is to be held on Saturday, January 29, 2011 at the USCIS Washington Field Office, 2675 Prosperity Avenue in Fairfax, Virginia, 20598 from 1:00pm to 2:30pm (EDT).

To participate in the event, email Public.Engagement@dhs.gov with the word “ENLACE” in the subject line. If you cannot attend the event, you can participate from anywhere in the U.S. online at www.uscis.gov/espanol or via telephone by calling 1-888-323-9701 and using the password “SERVICIO.”

MVP Law Group urges Spanish-speaking individuals interested in the immigration process to attend the Enlace event either in person, online, or by telephone. Additionally, MVP offers numerous services to assist individuals in obtaining temporary work visas and green cards. For more information visit: www.mvplg.com.

The Global Entry Trusted Traveler Pilot Program launched by the US Customs and Border Protection (CBP) announced on December 27, 2010 that membership has surpassed 100,000 individuals.

The Global Entry program was launched by CBP in hopes of streamlining the process at airports for pre-approved travelers through the use of self-service kiosks. Currently the kiosks are located at 20 major airports around the United States and help to reduce waiting times by approximately 70 percent. In order to qualify for the Global Entry program and become a pre-approved traveler, an individual must either be a US citizen or lawful permanent residents able to pass an intensive background check. The Netherlands has an agreement set up that links the US’s Global entry program with Amsterdam’s Privium program allowing citizens of the Netherlands to apply as well. Applications must be submitted online at www.globalentry.gov in addition to a fee of 100 dollars to cover a five-year membership. To finish the process, the individual must go to any of the 20 airport sites in order to complete an in person interview and fingerprint data collection.

Once a member of the Global Entry Program, upon arriving at an airport an individual only has to insert their passport or lawful permanent resident card into a kiosk, provide fingerprints to compare with the fingerprints on file, and answer customs declaration questions. More information on the Global Entry program including detailed requirements and available locations can be found at www.cbp.gov/travel.

The Department of State has released its latest Visa Bulletin.

Click here to view the February 2011 Visa Bulletin.

The February 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Have you already applied in EB3, thinking about filing in EB2...are you eligible to file in another category?...contact MVP Law Group online.

Did you file in EB3 or EB2 and still waiting...and/or married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

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
Is the H1B CAP still available?

Answer #1
As of December 31st, there were approximately 7,700 H-1B Regular CAP subject nonimmigrant visas remaining. As of December 31, 2010 a sufficient number of Masters CAP cases have been received by the USCIS. 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. For continuous FY2011 H-1B Cap updates, please refer to www.mvp.com.

Question #2 – Employment Based Immigration – Green Card
My priority date is current as of the January 2011 visa bulletin. I heard we could call them (USCIS) and provide details of our case so that based on first come first call they would process and issue the GC.

Answer #2
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 #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have exhausted my 6 years on H-1B visa and returned to my home country. I have been here for 180 days; 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 immediately.

Answer #3
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 an H-1B nonimmigrant visa.

Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
One of our employees is going on vacation from 02/03-03/10 and we are getting his h1b ext. in June and he has to go for visa in home country and he is requesting us to premium process his H1 ext. and wondering whether we can do it right now and can get approval before he leaves and he wants to appear for Visa with the new one. Please suggest whether we can do it right now or can we do it after he comes back from the vacation.

Answer #4
The answer to your question depends upon the specifics of your case; whether an end client will need to be obtained and if it can be obtained within the time period, whether forms and filing fees can be returned within a reasonable time; whether the LCA will be certified within the time frame given; etc. There are many circumstances that will need to be considered before a final decision is made on whether to prepare and file the extension now or wait until the return of the beneficiary to the U.S. We can file cases with the USCIS within 6 months of the current visa's expiration. Therefore, if his current H-1B expires on 6/2011, you could prepare and file the extension case now. Knowing the above information, please consider all of the circumstances of the case before you make a decision to proceed forward.

Question #5 – 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 2011.

Answer #5
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.

Question #6 – Temporary Work Visas – H-1B Nonimmigrant Visa
One of our employees is nearing his 6th year on H-1B visa status, and he has an approved I-140 in the EB2 category filed by a different company. Can we use that approved I-140 to get a three year extension with our company?

Answer #6
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 #7 – Employment Based Immigration – Green Card: Biometrics
The fingerprints that the USCIS have on file are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

Answer #7
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

Question #8 – Employment Based Immigration – Green Card
My husband received his GC and his DOB is wrong on the card. How do I fix this?

Answer #8
You will need to file Form I-90, Application to Replace Permanent Resident Card. If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the “U.S. Department of Homeland Security”) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.

Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can you sponsor my H-1B or find a company to sponsor me? I am ready to come to the U.S. and work; I have BS in Computer Science and three year experience in computer programming. What’s the process?

Answer #9
We are a law firm that will assist in the preparation of the paperwork (Forms and documents) for your H-1B non-immigrant petition once you find an employer willing to sponsor you for employment; however, we cannot find you H-1B sponsorship. In summary, once you have secured an H-1B sponsor (U.S. employer), we can then assist in the process.

The normal process for H-1B sponsorship starts when you or your employer contacts our office to initiate the process. You or your employer would contact our office, sign a legal agreement detailing the legal fees associated with the preparation and filing of the H-1B visa petition, 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 case. Once your forms have been prepared and thoroughly reviewed, we email the final documents to your sponsoring employer for their review and signatures. 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.

Question #10 – Employment Based Immigration – Employment Authorization Document (EAD)/Advance Parole Document (AP)
My EAD and AP are expiring this year. When is the earliest that I can file my renewal petitions?

Answer #10
According to the USCIS, you can petition for an EAD renewal no more than 120 days in advance of the expiration of your current EAD. For instance, if your current EAD card expires on October 16, 2011, the earliest you can file is on or after June 19, 2011.

According to the USCIS, you can petition for AP renewal no more than 30 days in advance of the expiration of your current AP or the USCIS could issue an RFE requesting your current AP document before issuing a new AP document.

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, January 21st, 2011! Please remember to submit your questions/comments on our h1bvisalawyerblog.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of January 1, 2011.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 15 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 26 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 29 months.

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

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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on December 15, 2010 with processing dates as of October 31, 2010.

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

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

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

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

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

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.

On November 15th, the House of Representatives passed legislation to aid US service members who marry foreigners.

The bill was created in response to the case of Hotaru Ferschke, a Japanese woman, who married an US marine that was killed in Iraq. Since she was not a US citizen, Ferschke could not immigrate to the US in order to raise their son. The bill passed would prevent foreigners married to US service members from having to consummate their marriage in order to qualify for US citizenship. Hotaru and Michael Ferschke were married over the phone in July 2008, learned Ferschke was pregnant shortly after he deployed from Okinawa and a month later he was killed in Baghdad. Hotaru was denied paperwork for legal immigration to the US because the Department of Homeland Security stated their marriage wasn’t in accordance with US law.
Many senators and representatives are working to get the bill passed in both houses, the bill’s sponsor Rep. John J. Duncan (R-TN) said, “any person looking at this case can see that this loophole is tragic and deserved to be closed.” It’s still unclear when the bill will make it to the senate.

The Department of State has released its latest Visa Bulletin.

Click here to view the January 2011 Visa Bulletin.

The January 2011 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Have you already applied in EB3, thinking about filing in EB2...are you eligible to file in another category?...contact MVP Law Group online.

Did you file in EB3 or EB2 and still waiting...and married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of December 1, 2010.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 15 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 25 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 28 months.

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

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
Is the H1B CAP still available? If so, can I still file and get accepted before the cutoff?

Answer #1
As of November 26, 2010, there were approximately 14,600 H-1B Regular CAP subject nonimmigrant visas remaining and approximately 1,600 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.mvplg.com.

Question #2 – Employment Based Immigration, Green Card – Labor Certification
We filed a labor application and it was approved for a software engineer. We have not received the certified labor application in the mail (approved several weeks ago) and wish to move to the next step, file the I-140. What can we do?

Answer #2
Generally, there are two options available to you; however, both are rather similar. The recommended route is to file the I-140 petition with a request that the United States Citizenship and Immigration Service (USCIS) obtain the certified Labor from the Department of Labor (DOL) itself. The other option is to write a letter to the DOL notifying them that the USCIS will be requesting the certified Labor from them directly for purposes of filing the I-140 petition.

Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am planning on traveling to Canada during the Winter Holidays. I have heard through various people that when I attempt to pass the border back to the US, Customs may change my I-94 expiration date. Is this true?

Answer #3
Although you may have a valid visa that was approved by the USCIS, the Customs and Border Patrol (CBP) Officers operate under their own set of rules. If you have legitimate/bona fide paperwork evidencing your employment and a valid work visa or other proof of your eligibility to be in the US when you attempt to cross the border from Canada to the United States, the CBP Officer should stamp the new I-94 with the expiration date of your current valid visa.

Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
My I-140 was denied and my employer has appealed the decision. My H1 is due to expire next May 2011 as I am currently in my 6th year. Can we apply for H1 extensions based on my pending I-140 appeal? If yes, for 3 years or for 1 year?

Answer #4
Under AC21, yes you may be eligible to file an H-1B extension beyond the six year period if you appealed the denied I-140 in a timely manner (before the deadline). An applicant is eligible to file for H-1B one-year extensions if they have a pending I-140 petition appeal at the Administration Appeals Office (AAO).

Question #5 – Employment Based Immigration – Green Card
I have a US green card, but I came to India without filling re-entry permit form as due to recession time not getting jobs even in three months, can I fill from it on India?

Answer #5
If you have a US Green Card, you do not have the have a re-entry permit (the green card itself is your authorization to be in the US), you have the status of a Lawful Permanent Resident and may enter and exit the country based on your U.S. Green Card. Re-entry documents are requested by applicants when their Adjustment petitions (I-485) are pending with the USCIS. Therefore, once you obtain a U.S. Green Card, you are allowed to travel inside and outside the U.S. without having a re-entry permit (Advance Parole document).

Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
I got my H1B approved in 2009. Recently I saw that my I-797C form, states that my "Valid from" is from10/1/2009 to 3/29/2012. This is strange, since most of my buddies have it till 9/29/2012. Is this an error. Can I legally stay till Sep, i.e. till H1B is renewed? Kindly help me as this is bothering me a lot. Thanks in advance.

Answer #6
The USCIS can decide the date of the expiration of your H-1B visa status on their own. You may request an end date, but the USCIS will give you the date they wish. However, it could have been a typo/misunderstanding, therefore, you can contact the USCIS National Customer Service at 1-800-375-5283 and make a service request so that your case will be re-opened and reviewed to determine if the expiration date is correct or needs to be changed. Additionally, if a Work Order/Purchase order was included in your petition to the USCIS, they may have relied solely upon the end date of the work order/purchase order. These are issues you may wish to investigate before contacting the National Customer Service number.

Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
Are your fees included in the fees to go to USCIS for filing an H-1B petition?

Answer #7
No, our legal fees are separate and distinct from the filing fees paid to the USCIS for the processing of the H-1B petition. The USCIS filing fees have increased as of November 23, 2010, please see below:

USCIS filing fees:
$325 for Form I-129
$750/$1500 for Form I-129DC (depends upon amount of employees of company)
$500 for Fraud Fee
$1225 for Premium Processing (entirely OPTIONAL)
$2000 new fee ONLY if employer has over 50 employees with over 50% of them on a nonimmigrant visa (H or L)

Question #8 – Family Based Immigration
My Grandfather (Dad's Dad) was a US citizen and he had filed an I 130 petition (Immigrant petition for relative, fiancé, or orphan) for my dad in Feb 2007. Unfortunately, my grandfather passed away this April. My dad's sisters are US citizens and they are willing to take over the case, if we can transfer the petition. I would like to know if there anything that can be done with this petition now? Or is it a closed chapter?

Answer #8
Under regulation 8 C.F.R. § 205.1(a)(3)(i)(C)(2), an I-130 petition is automatically revoked upon the death of the petitioner, unless:
USCIS determines, as a matter of discretion exercised for humanitarian reasons in light of the facts of a particular case, that it is inappropriate to revoke the approval of the petition. USCIS may make this determination only if the principal beneficiary of the visa petition asks for reinstatement of the approval of the petition and establishes that a person related to the principal beneficiary in one of the ways described in section 213A(f)(5)(B) of the Act is willing and able to file an affidavit of support under 8 C.F.R. part 213a as a substitute sponsor.

Only a spouse, parent, mother in law, father in law, sibling, child, son, daughter, son in law, daughter in law, brother in law, sister in law, grandparent, grandchild or legal guardian of the principal beneficiary is eligible to be a substitute sponsor. A substitute sponsor must also be a U.S. Citizen/national or Lawful Permanent Resident (LPR), be at least 18 years of age, be domiciled (live) in the U.S. and meet all of the financial requirements of a sponsor.

Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
For a part time H-1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

Answer #9
40 hours + per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time. The regulations do not provide a minimum number of hours per week or days per week to be considered a part time H-1B worker. The I-129 petition and certified LCA must cover the jurisdiction of employment, hours per week and pay per hour. If the position becomes full time, an amended H-1B petition would need to be filed with the USCIS

Question #10 – Family Based Immigration
I am a US Citizen. I have a sister that lives in Antwerp, Belgium. I would like for my sister to have a Green Card and she can live with me in the US. With my sister case she is married and her husband is a Belgium Citizen. All I know is I would like my sister to come to the United States and obtain a Green Card. I would like to sponsor or bring my sister to come to the United States. I know that if I would like to sponsor my sister I need to file Form I-130, Petition for Alien Relative, Form I-864, Affidavit of Support, and Form I-485, Application to Register Permanent Residence or Adjust Status. I was wondering is there any better approach for my sister come to the US and what would you recommend me to do. Thank you for your time and I hope to hear from you soon.

Answer #10
In order to sponsor an applicant for lawful permanent residency, a sponsoring relative must provide evidence of the following: They are a United States citizen or a Lawful Permanent Resident of the U.S.; they can support the dependent relative at 125% above the mandated poverty line; and they must also establish proof of their relationship to the dependent relative. If you are a U.S. Citizen, then the family fourth preference category is what you would file under.
A sponsoring relative should first submit an immigrant visa petition, (Form I-130, Petition for Alien Relative). This form should be accompanied by proof of the relationship between the sponsoring relative and the dependent foreign applicant, along with the Affidavit of Support (AOS) and then the I-485 petition once the underlying I-130 petition has been approved.

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, December 17th, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

On October 28, US Citizenship and Immigration Services (USCIS) commenced their first quarterly public engagement in Spanish. The series are part of an effort to communicate with the many different people USCIS services and each event will focus on a specific topic related to immigration or citizenship. In addition, live question-and-answer sessions via USCIS officials will be available to anyone.

“How to Help Your Relative Become a Legal Resident” was the theme of the first engagement which was held on October 28 from 1:00pm to 2:30pm. The rest of the series is planned to be held on January 21, April 28, and July 28. If you would like to find out how to participate in the next engagement visit www.uscis.gov or call 1-800-375-5274(toll-free).

MVP "Q & A Forum" - This Friday, December 3rd, 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 3rd, 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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on November 18, 2010 with processing dates as of September 30, 2010.

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

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

Please be aware that the data given above is approximately 45 days old at the time of posting. If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

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

United States Citizenship and Immigration Services (USCIS) issued a reminder that its new application and petition fees go into effect November 23, 2010.

The new fees increase application and petition fees by approximately 10 percent but naturalization fees will remain the same.

To review the increased USCIS filing fees, please click here.

The Department of State has released its latest Visa Bulletin.

Click here to view the December 2010 Visa Bulletin.

The December 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Have you already applied in EB3, thinking about filing in EB2...are you eligible to file in another category?...contact MVP Law Group online.

Did you file in EB3 or EB2 and still waiting...and married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing.

Questions, contact MVP Law Group or toll free at 1-800-447-0796.

MVP "Q & A Forum" - This Friday, November 19th, 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 19th, 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.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of November 1, 2010.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 15 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 24 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 27 months.

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

Even though the District of Columbia legalized same sex marriage earlier this year, the federal government doesn’t recognize the marriages and therefore same sex couples do not receive the same benefits as heterosexual couples. Erwin de Leon and Rev. John Beddingfield are just one of the many couples in the District who experience limitations. Leon is an immigrant from the Philippines on a student visa that expires next year and because he and Beddingfield do not receive the same immigration benefits as heterosexual couples, he can not apply to become a U.S. citizen. According to a census taken by the UCLA’s Williams Institute, there are an “estimated 25,000 same sex couples in the US that [have] one partner [that] is foreign born.” The introduction of Senators Leahy (D-VT) and Menendez (D-RI) Comprehensive Reform Act of 2010 may be the immigration reform needed because it encompasses the Uniting American Families Act (UAFA) which would grant citizenship to same-sex couples.

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
Is the H-1B quota still open?

Answer #1
As of October 29, there were approximately 19,400 H-1B Regular CAP subject nonimmigrant visas remaining and approximately 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 FY2011 H-1B Cap updates, please refer to www.mvplg.com.

Question #2 – Temporary Work Visas – H-1B Nonimmigrant Visa
Do non-profits come under the same category as far as H1B is concerned?

Answer #2
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 #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
One yr ago I employed someone on HIB 3yr visa. I found out he has applied for job in Australia. What recourse do I have?

Answer #3
Generally, employers are rather limited in what they can do to H-1B employees who transfer employment, unless your employment agreement/contract provided for liquidated damages or other alternatives in case the employee would decide to terminate the employment prior to the end of the validity period of the visa. If you are terminating the H-1B employee, you are responsible for paying for the nonimmigrant’s travel back to his/her home country.

Question #4 – Employment Based Immigration – Green Card
I just received my Green Card, what do I do now?

Answer #4
USCIS maintains a useful web page on the topic “Now That You Are A Permanent Resident.” It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.

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

Answer #5
No, applications for the DV 2012 random lottery were accepted from Tuesday, October 5, 2010 through Wednesday, November 3, 2010.

Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
Hello, I have a question about a H1B visa application. My situation is as follows: A H1B application was submitted by employer-with assurances that it would go through, however the legal representation was being provided pro-bono and as a result (in my opinion) not enough attention was paid to it…thus, this week the petition was denied: in retrospect, the application was weak. What should I do next? Should I appeal? I believe the process may be lengthy and perhaps unfavorably viewed on the back of a weak initial submission. Is it legitimate to start over and submit a new petition with clearer job description and more accurate information? Many thanks in advance.

Answer #6
You will need to have your employer contact our experienced Immigration Attorneys to discuss the details of the denial and determine your options moving forward, whether it would be better to just re-file or file an appeal. I cannot provide you with advice moving forward without fully reviewing your case and the evidence that was initially submitted.

Question #7 – 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 #7
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: (1) a completed Form I-751; (2) USCIS filing fee of $545.00; (3) certified copy of front and back of permanent resident card; (4) evidence of a bona fide relationship; and a (5) detailed cover sheet indicating the contents of the package.

Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have a valid H1B through Aug2011. But I would like to move to L2 visa. Is it possible to cancel my h1B visa? If so then how long will it take and what is the process?

Answer #8
Notify your employer that you wish to cancel your H-1B visa. They will write a letter to the USCIS requesting that the USCIS withdraw your H-1B visa. You will have to apply for the L2 status with the USCIS and wait for the approval or obtain the L2 visa at a consulate with proof of your eligibility. *You will want to apply for the L2 visa status prior to your employer writing the letter to cancel your H-1B visa so that you can maintain an authorized valid presence in the United States.

Question #9 – Temporary Work Visas – H-1B & L1A/L1B Nonimmigrant Visas
I am the President of a small business in Texas. 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 #9
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 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 #10 – Temporary Work Visas – H-1B & L1A/L1B Nonimmigrant Visas
Does the new public law apply to transfer and extension petitions?

Answer #10
Under Public law 111-230, petitioners subject to the new fees must submit the fee with an H-1B or L-1 petition filed (1) initially to grant an alien nonimmigrant status; or (2) to obtain authorization for an alien having such status to change employers. Therefore, the fee must be submitted with any initial H-1B filings and any transfers, but extensions with the same employer do not require the new fee.

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, November 19th, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

After statements made by immigration officers were released, that claimed there is an increasing amount of pressure on employees of US Citizenship and Immigration Service (USCIS) to approve more visas even when there is suspicion of fraud, Senator Chuck Grassley (R-IA ) asked the Secretary of Homeland Security and the Inspector General on October 15 to investigate. Agency insiders have continued to come forward and provide evidence that suggests USCIS Director Alejandro Mayorkas is responsible for the encouragement to approve as many visas as possible in the California Service Center. Senator Grassley first began looking into USCIS’s practices when accusations arose that supervisors told employees “to find a way” to approve applications. Grassley says his main concern and reason behind brining this issue to attention is to ensure that, “the rule of law isn’t being undermined by political leaders.”

The American Immigration Lawyers Association (AILA) writer David Leopold posted an article on AILA’s blog October 18th in response to Senator Grassley’s proposal for investigation into UCIS’s practices. Leopold argues against the legitimacy of Grassley’s information, citing the fact that the allegations have only been brought by a small group of insiders. Leopold offers a solution to Grassley’s upset, suggesting he submit his own petition to USCIS in order to get a better picture of USCIS’s visa approval procedures. According to Leopold, what Grassley fails to understand about USCIS’s policy of “finding a way” is that the USCIS officers must find the applicant eligible by a “preponderance of evidence.” The applicants must be able to prove the warranting of a visa. He goes on further to say USCIS is in reality far stricter on applicants than Grassley is aware of, he mentions the denial of many visa applicants as a result of flawed assessment by USCIS officers.

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.

Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced The Comprehensive Immigration Reform Act of 2010 into the Senate on September 29. This bill is the first comprehensive immigration bill that has been introduce in the Senate since 2007. It also combines key Democratic and Republic viewpoints and elements. Menendez and Leahy’s legislation proposes enhanced border security, mandatory employee verification, revisions to visa systems, a legalization plan for undocumented individuals in the US, and harsher penalties for illegal immigration.

To improve the security at our borders it specifically calls for improved training and more accountability for border/immigration officers, further cooperation with Canada and Mexico to improve border security, and reiterates that immigration power solely resides with the federal government. If passed, visa waiver privileges would be denied to certain countries, the waiting period would stop for refugees/asylees trying to obtain a green card, as well as increased penalties for immigration and visa fraud. Social Security cards would become “tamper-resistant” under the new bill to prevent fraud and the Social Security Administration (SSA) would be required to design a new more secure way of verifying social security numbers. Labor protections would also be expanded under H-2A, H-2B, H-1B, and L-1 visas in addition to preventing the expiration of green cards due to processing delays and establishment of certain exemptions from the quotas. A Lawful Prospective Immigrant (LPI) status for undocumented immigrants with no criminal background would be put into effect and it entails submission of data, security checks, and a $500 application fee for the LPI status of four years. Additionally, the Comprehensive Immigration Reform Act of 2010 would include the DREAM Act and institute programs to help immigrants learn English and US civics. Click here to read the full text of the bill or to find out more information.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 14, 2010 with processing dates as of August 31, 2010.

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

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

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

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

The Department of State has released its latest Visa Bulletin.

Click here to view the November 2010 Visa Bulletin.

The November 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Have you already applied in EB3, thinking about filing in EB2...if you are eligible, contact MVP Law Group.

Did you file in EB3 or EB2 and still waiting...and married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

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!

On September 23, 2010 The U.S. Citizen and Immigration Services (USCIS) announced a final rule to adjust fees for immigration applications and petitions effective November 23. Due to USCIS’s large differential between costs and expected revenue, the final rule is necessary to bridge this gap. It will increase overall cost by an average of approximately 10 percent but doesn’t increase the cost for the naturalization application. With the USCIS being a primarily fee based organization it is required to conduct fee reviews every two years and the final rule wraps up the review that began in 2009.

Other new fees included in the final rule include: regional center designations under the Immigration Investor (EB-5) Pilot Program, civil surgeon designation, recovery of USCIS costs to process visas granted. Certain applications are also now applicable for fee reduction and new availability due to the final rule. Furthermore the final plan eliminates fees completely for armed forces members and veterans who wish to file an application for naturalization, application for certificates of citizenship, and requests for hearing on a decision in naturalization proceedings. Due the large amount of public remark over the final rule, the Department of Homeland Security (DHS) allowed for a 45 day comment period after its release and received 225 comments. For further information about the public comments or the details of the final rule visit USCIS and the Federal Registrar.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of October 1, 2010.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 14 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 23 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 26 months.

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

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!

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of September 1, 2010.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 14 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 23 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 26 months.

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

The Fourteenth Amendment to the Constitution guarantees the right that any person born in the United States is a citizen no matter the status of their parents. Over the years the Supreme Court has upheld birthright citizenship in cases like Plyler v. Doe and Unites States v. Wong Kim Ark. Recently, this right has been questioned by the anti-immigrant groups who have been introducing bills in Congress that would end the right to birthright citizenship.

The elimination of birthright citizenship would only make the growing problem of illegal immigrants worse and also make it harder for Americans to prove their citizenship. If the new laws proposed were passed, the children born in the United States to illegal immigrants would not have U.S. citizenship nor the citizenship of their parent’s country creating even more problems. This issue would not only affect illegal immigrants but also temporary workers in the United States on H-1B, F1, E1, E2, L1, L2, and many other temporary visa status’, not to mention those awaiting a Green Card on another status such as AOS/EAD.

Comprehensive immigration reform that solves the root causes of undocumented immigration is necessary to resolve our immigration problems, not amending the U.S. Constitution.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on September 15, 2010 with processing dates as of July 31, 2010.

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

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

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

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

Question #1 – Employment Based Immigration – Green Card - EAD Renewal
I filed for my EAD renewal back in August 2010 and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD since my card is expiring? What can I do I can’t risk losing my current job?

Answer #1
When an EAD renewal has been pending for 75+ days, you may initiate an ‘outside the processing times’ Service Request with the USCIS. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work. You MUST wait for your EAD card to arrive in the mail before you can begin to work again.

You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.

Question #2 – Employment Based Immigration – Green Card
I heard there are quite a few cases and USCIS staff can work on cases only up to available VISA numbers and once the numbers are consumed, then it could go back with the next VISA bulletin. I heard we could call the USCIS and provide details of our case so that based on first come first call; they would process and issue the GC.

Answer #2
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. However, your attorney may contact the USCIS via email on your behalf if your I-485 application was filed through the Texas Service Center (TSC). The attorney may send an email to a specific email address to inform the Service Center that their client’s priority date is current. The “streamline” process was created to provide a mechanism for American Immigration Lawyer Association (AILA) members to facilitate TSC processes relating to the identification of EB I-485 applications. The email should only contain the applicant’s A# so the Service Center can efficiently identify and distribute work to the floor.

Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am currently working for a company, but I got an offer from 2 buisness men to start a new business with them as an equal partner. I really want to pursue that venture but I am not sure about a few things. Would it be better for me to change my status to self employed and than apply for the H1B visa for self sponsership?

Answer #3
To put it simply, the H-1B nonimmigrant visa is an employment based temporary nonimmigrant work visa. This means that you must first have a sponsoring employer willing to sponsor you before you may petition for and obtain an H-1B nonimmigrant visa. The H-1B regulations do not allow for self sponsorship.

Question #4 – General
What are the benefits of registering my company with E-Verify?

Answer #4
Several links have been provided below which: explain the program; provide a link to the website for enrollment, list the Dos and Don’ts of the program, and point out the potential drawbacks of the program.
What is E-Verify?
I-9 Employer Handbook
DOs and DONTS
Potential drawbacks

Question #5 – Family Based Immigration: Marriage – K1 Fiancé Visa
My daughter is a U.S. Citizen and is engaged to marry her German fiancé. Both have known one another for over seven years and have been engaged for two months. Can my daughter sponsor her fiancé? What needs to be done? What’s required?

Answer #5
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fiancé by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fiancé entering the United States; and (4) you must have met within two years of filing for the visa. Your daughter should first file a Petition for Alien Fiancé (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate consulate to interview the applicant. Once the applicant attends the consular interview and is approved for the visa, he may travel to the United States to marry your daughter. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer.

Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
My 6th year H-1B status expires next year and I have approved I-140 through different company. Can I use the approved I-140 to get a three year extension with my current employer?

Answer #6
Yes. Pursuant to AC21 law, an H-1B immigrant may extend his or her status beyond the 6 year limitation 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 #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can I still file for an H-1B?

Answer #7
As of September 10, 2010, there were approximately 27,600 H-1B Regular CAP subject nonimmigrant visas remaining and approximately 6,300 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 FY2011 H-1B Cap updates, please refer to www.mvp.com.

Question #8 – Employment Based Immigration – Green Card
My priority date is current and I want to file my I-485 application. How much are the filing fees?

Answer #8
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. 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.

Question #9 – Temporary Work Visas – H-1B Nonimmigrant Visa
I’m on H-1B visa status, I am planning on traveling out of the US for a visit to my country; I want to make sure I don’t run into issues upon return. What documentation do I need to have for traveling?

Answer #9
If you MUST travel on H-1B status, we recommend that you have the following: at least two month’s worth of pay stubs, a copy of the approved H-1B petition, an original employment verification letter on company letterhead with an official signature, the original approval notice, and any other documentation relating to the company that would demonstrate compliance with the laws governing the H-1B program and the establishment of a bona fide job opportunity.

Question #10 – Temporary Work Visas – H-1B Nonimmigrant Visa
I recently got a new project in Northern Virginia. I have North Carolina listed in my labor application. Do I need to file a new labor in Virginia?

Answer #10
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.

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 1, 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.

MVP "Q & A Forum" - This Friday, September 17, 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 17, 2010. Act now and submit your questions!

THANK YOU!

The Department of State has released its latest Visa Bulletin.

Click here to view the October 2010 Visa Bulletin.

The October 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Have you already applied in EB3, thinking about filing in EB2...if you are eligible, contact MVP Law Group.

Did you file in EB3 or EB2 and still waiting...and married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing.

Questions, contact MVP Law Group online or toll free at 1-800-447-0796.

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.

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!

Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

Answer #1
Simply put, yes more than one employer can file a temporary part-time H-1B visa application for you during the same time period, as long as a certified LCA covering the jurisdiction of employment is obtained and the I-129 petition and additional supporting documentation reflects this part-time period. 40 hours per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time.

Question #2 – Employment Based Immigration – Green Card
We have traveled to India about 2 months back (in June). My husband got a job transfer to India, and I resigned my job in the US to move here with my family. Since we are not there in the US, do you know if the green cards will go back to the USCIS? Or to my forwarding address in the US?

Answer #2
If you do intend to come back to the U.S. in the near future - they will not send your permanent resident cards to India, therefore, you will need to contact the USCIS and provide your new U.S. mailing address so that they will be sent there. The USCIS DOES NOT forward mail, so if you have your mail being forwarded, your cards will be returned to the USCIS and the USCIS case status will indicate that your cards have been returned as undeliverable until you can provide the USCIS with an updated U.S. mailing address for them to be re-sent.

Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
What is the minimum time period for which an H1B visa can be issued? Can it be less than 3 years? If yes, what is the minimum number of years for which my employer can sponsor me for an H1B visa?

Answer #3
The maximum time period that an H-1B visa can be issued for is three (3) years. Therefore, if your position does not require your placement for the entire three year period, your employer can request any time period from six (6) months to three (3) years.

Question #4 – Employment Based Immigration – Green Card
I just received my Green Card, what do I do now?

Answer #4
USCIS maintains a useful web page on the topic “Now That You Are A Permanent Resident.” It can be found at http://uscis.gov this is the USCIS home page, click on After a Green Card is Granted under the Green Card (Permanent Residence) heading. Then look to the right side and under More Information you will find valuable information on, among other topics, how not to lose your status as a permanent resident. Additionally, if you look to the left side under After a Green Card is Granted you will find numerous resources on different topics relating to your status as a Permanent Resident.

Question #5 – General – Social Security Card
How and when can I get a Social Security Card?

Answer #5
Generally, you may obtain a Social Security Card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, an Alien Registration Card (Green Card), or receipt of temporary evidence of Green Card status (as established by presentation of an I-551 stamp in your passport). You will need to file an application for a Social Security Number in person at the Social Security Office. When filing this application at the Social Security Office, you should bring the following documents with you: your original birth certificate, passport, and employment authorization document, stamped passport or Green Card. Call 1-800-772-1213 for further information including the address of your local Social Security office, or visit their website at www.ssa.gov.

Question #6 – Employment Based Immigration - Green Card
My co-worker, a U.S. citizen worker showed me a brochure he receives from the SSA. It provides the credits he receives each year for the work he does. Does this apply to me, should I be receiving the brochure? Please advise what I need to do…

Answer #6
If you have a Social Security number, you should check to make sure you received credits under Social Security for any taxable work you did before you got your Green Card. Sometimes the Social Security Administration misplaces the records if you did not have a valid card, and this is the time to unscramble the records. Request a form SSA-7004, Request for Earnings and Benefit Estimate Statement, from Social Security to check these records. In fact, you should check your earnings statement every three to four years because errors more than four years old usually cannot be corrected.

Question #7 – Employment Based Immigration – Labor Certification
What is the difference between the old process for obtaining labor certification and the new PERM process?

Answer #7
In 2005, the Department of Labor (DOL) drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as “PERM”) and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed. Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the DOL. The employer is required to retain this documentation for a period of five years. Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as “fast-track,” since these types of cases were given priority handling), and traditional or non–Reduction in Recruitment (non–RIR) cases. These two classifications have been done away with. However, occupations are now classified as “professional” or “nonprofessional” and each classification has different recruitment requirements.

Question #8 – Employment Based Immigration - Green Card
The Social Security card I have states that it is not valid for employment, but I just received my Green Card in the mail…can I continue to use my Social Security card or can they re-issue me a card without the restriction on it?

Answer #8
If you already have your Social Security card, but it is annotated indicating that it is not valid for employment without a USCIS employment authorization document, you should contact Social Security with your evidence of permanent resident status to have the restrictions removed.

Question #9 – Employment Based Immigration – Green Card
My priority date is current. How long do I have to wait, we’ve already waited 5 years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card??

Answer #9
Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process.

Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H1 nonimmigrant visas are left?

Answer #10
As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 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 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 3, 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.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on August 18, 2010 with processing dates as of June 30, 2010.

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

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

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

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

MVP "Q & A Forum" - This Friday, August 20, 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, August 20, 2010. Act now and submit your questions!

THANK YOU!

The Department of State has released its latest Visa Bulletin.

Click here to view the September 2010 Visa Bulletin.

The September 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Have you already applied in EB3, thinking about filing in EB2...if you are eligible, contact MVP Law Group.

Did you file in EB3 or EB2 and still waiting...and married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing.

Questions, contact MVP Law Group toll free at 1-800-447-0796.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of August 1, 2010.

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 13 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 24 months; for an I-140EB3 Appeal for a Skilled or Professional Worker is 25 months.

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

Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
My H1b visa got approved in 2009 which was filed by my previous employer.I did not get chance to travel to USA and even my visa is not stampted. Now I am with other employer.
Can I transfer my H1b?

Answer #1
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the US and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.

Question #2 – Employment Based Immigration – Green Card: Biometrics
I think the fingerprints that the USCIS has on file for my GC are set to expire soon. Should I take Info pass appointment to give them a new set of fingerprints?

Answer #2
As written on the I-797C, Notice of Action, in some types of cases USCIS requires biometrics. In such cases, USCIS will send you an appointment notice with a specific date, time and place for you to go to a USCIS Application Support Center (ASC) for biometrics processing. You must WAIT for that appointment notice and take it to your ASC appointment along with your photo identification.

Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa: Traveling
I am planning on traveling out of the US for a vacation; however, 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. Please advise.

Answer #3
If you MUST travel on H-1B status, we recommend that you have the following: at least two month’s 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.

Question #4 – Employment Based Immigration – Green Card
My child has received his Green Card and his birth date is wrong on the card. Do I need to fix this? How do I fix this?

Answer #4
You will need to file Form I-90, Application to Replace Permanent Resident Card. If you believe this was an administrative error on the part of the USCIS, you will need to check box d in Part 2, number 2 of the application. Along with the Form I-90 and accompanying filing fee of $290.00 plus $80.00 for biometrics, please attach the incorrect card and evidence of the correct information (original birth certificate; passport; previous approval notices, etc). You will need to submit the USCIS filing fees (made payable to the “U.S. Department of Homeland Security”) even though you believe it was an administrative error. If you send the form with accompanying documentation without the filing fees, the case will be returned until you provide those fees. If the USCIS agrees that the error was administrative in nature, they will issue a new card and return the filing fees.

Question #5 – Employment Based Immigration – Green Card
My spouse and child have received their Green Cards but I have not. I filed for our GCs through my employer. What do I need to do? Is there a problem with the processing of my case? Could my GC be denied? Please advise.

Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and child would not have received their Green Card if there was a pending issue with your case. From the information you provided, you are the primary applicant and your spouse and child are your derivatives. Therefore, the USCIS would not approve the I-485 Application to Adjust status for the derivatives without first approving it for the primary applicant. Follow up with the USCIS after 30 days from the date your spouse and child received their Green Cards by calling 1-800-375-5283.

Question #6 - Employment Based Immigration – Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 with the NSC and it is still pending. My current EAD expires next week. What are my options moving forward - can I expedite the EAD renewal process since my card is expiring next week, can I continue to work with the receipt notice?

Answer #6
To my knowledge you normally cannot expedite an EAD renewal request; however, I have heard from my colleagues that after an EAD renewal has been pending for 75+ days at the NSC an Attorney may contact the Service Center directly to notify them of the situation. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval.

You may file an EAD renewal request up to 120 days in advance of the expiration of your current EAD and should be aware of the Service Center processing times well in advance of filing so that you can obtain an approval of the EAD to continue working.

Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
What document determines how long I can stay in the United States: my visa, my I-94 card or the expiration of my current passport?

Answer #7
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.

Question #8 – Family Based Immigration: Marriage – K1 Fiancé Visa
My son is U.S. Citizen and would like to marry his Pakistani fiancé. Both boy and girl know each other over three years and have been engaged for 8 months already. Can my son file a petition for his fiancé? How long is it taking?

Answer #8
U.S. Citizens who are engaged to be married to a foreign national may petition the USCIS on behalf of their fiancé by way of the K-1 visa. To be eligible for this visa: (1) you must be legally able to marry; (2) the marriage must be a bona fide marriage with good intent; (3) you must be willing to marry within 90 days of the fiancé entering the United States; and (4) you must have met within two years of filing for the visa. The K-1 visa is valid for only one entry into the United States. Therefore, reentering with it is not possible. You also cannot renew a K-1 fiancé visa. Your son should first file a Petition for Alien Fiancé (Form I-130) with the USCIS. Once the petition is approved, the USCIS will forward the approved petition to the appropriate American consulate to interview the beneficiary. Once the beneficiary attends the consular interview and is approved for the visa, she may travel to the United States to marry your son. A petition for K-1 status is valid for four months from the date of USCIS action, and may only be revalidated by the consular officer. Currently, it is taking approximately 5 months to obtain approval for the Petition for Alien Fiancé.

Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
I was on H-1B status from 2006-2009 and now currently utilize my EAD. My sponsoring H-1B employer did not pay me what was listed in my LCA. Can I do anything now about this?

Answer #9
If your employer has not paid you in accordance with the certified LCA, then they are most likely in violation of the The Fair Labor Standards Act (FLSA), The FLSA prescribes standards for the basic minimum wage and overtime pay which affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

You may wish to check out the following link regarding how to move forward when attempting to file suit to obtain any back payment of wages, etc.


Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can you let me know how many visas remain under the H-1B Cap?

Answer #10
As of July 30, 2010, there were 37,700 H-1B Regular CAP subject nonimmigrant visas remaining and 8,400 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, August 20, 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.

MVP "Q & A Forum" - This Friday, August 6, 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, August 6, 2010. Act now and submit your questions!

THANK YOU!

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on July 15, 2010 with processing dates as of May 31, 2010.

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

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

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

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

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!

The Department of State has released its latest Visa Bulletin.

Click here to view the August 2010 Visa Bulletin.

The August 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

**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.

Have you already applied in EB3, thinking about filing in EB2...if you are eligible, contact MVP Law Group.

Did you file in EB3 or EB2 and still waiting...and married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing.

Questions, contact MVP Law Group toll free at 1-800-447-0796.