H1B Visa Lawyer Blog

The U.S. Citizenship and Immigration Service (USCIS) has announced a free E-Verify webinar on Employee Rights. This free online seminar will be held on Wednesday, June 19 at 12:00am EST (noon). You can register with the link listed below; you will need to include your first name, last name and an email address. Experts for both the Department of Homeland Security (DHS) and the Department of Justice (DOJ) will be going over Form I-9, E-Verify and other related subjects.

Click here to register

E-Verify is a Web-based, free program operated by the DHS that allows businesses to determine the eligibility of their employees to legally work in the United States.

Source of Information:

USCIS.gov, 6/14/13, Email Bulletin
Know Your Rights: Free E-Verify Webinar for Employees

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

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

Our next “Q & A Forum” will take place this Friday, June 21, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Tennessee, Texas, Utah and Vermont.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

To view the state-by-state fact sheets click on the links below:

• Tennessee

• Texas

• Utah

• Vermont

Source of Information:

The Immigration Policy Center (IPC), May 2013, Just the Facts
http://www.immigrationpolicy.org/just-facts

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – U.S. Citizenship
I recently received a Green Card. Next year, I am going to marry my US Citizen Fiancé. How long do I wait to apply for Citizenship?

Answer #1
As it appears, you did not obtain your green card through marriage, as you have yet to be married. Accordingly, you must wait five (5) years to apply for Citizenship. In addition to the time period, there are other eligibility requirements.

Question #2 – U.S. Citizenship
How long does it normally take to become a US Citizen?

Answer #2
It depends. If you received your green card through marriage, then the waiting period is 3 years, subject to additional eligibility requirements. If you received your green card through employment, then the waiting period is 5 years, also subject to additional eligibility requirements.

Question #3 – DACA
Is there a minimum age requirement for DACA applicants?

Answer #3
Yes. Anyone requesting consideration for deferred action under DACA must have been under 31 years old as of June 15, 2012. The applicant must also be at least 15 years or older to request deferred action, unless the applicant is currently in removal proceedings or have a final removal or voluntary departure order.

Question #4 – DACA
If someone has applied for DACA status, can he/she travel outside the US?

Answer #4
Generally no, they may not travel until a decision is made on the DACA application, unless the travel is related to employment, education or humanitarian purposes and the applicant seeks permission directly from the USCIS prior to departure.
Please see below as taken from the USCIS website:
If you travel outside the United States after August 15, 2012 and before your request for deferred action is adjudicated, you will not be considered for deferred action under this process.
Deferred action will terminate automatically if you travel outside the United States without receiving advance parole from USCIS. If USCIS approves your request for deferred action, you may travel outside the United States only if you receive advance parole from USCIS before traveling.
Application procedures for advance parole for individuals with deferred action are being finalized. USCIS expects to incorporate those requirements into USCIS Form I-131, Application for Travel Document, in the near future and will inform the public when the new form is available. Should you have a compelling need to travel outside the United States before the new instructions are issued for reasons related to your current employment, education or humanitarian purposes, you may submit Form I-131 and request advance parole from USCIS by attaching a copy of your DACA approval Form I-797, and a letter that explains your compelling need to travel to your application

Question #5 – H-1B Nonimmigrant Visa
My 6 year period of H1B Visa will expire in Dec 2013 and my labor application is still pending for approval. Am I eligible to apply for a visa extension?

Answer #5
It depends upon several factors.

• Have you ever left the U.S. since your initial arrival in the U.S.? If so, you may be able to recapture the time you spent outside of the U.S. in a recapture/extension petition.
• When was the Labor application filed on your behalf? If it has been in a pending status for 365 days or more, then you may be eligible to file a one (1) year extension based upon AC21.
• Although you are able to submit an extension up to 6 months prior to the expiration of the visa, you may wish to wait to see if your case is approved within the coming months; however, you would still need to file and obtain approval of the I-140 petition.

Question #6 - Employment Based Immigration
For the last 4 years I have been working as a contractor in the IT sector as an EB3 worker. Last May, I completed my MBA. Is it possible to change my category from EB3 to EB2?

Answer #6
You should speak with one of our experienced Immigration Attorneys to determine your eligibility.

Question #7 – Family Based Immigration
If I live out of the US, and apply for an I-130, do I have to come to the US for my interview appointment?

Answer #7
No. Once the I-130 petition is approved, you will have to appear at the nearest Consulate for the interview appointment, once it is arranged with the Consulate through the National Visa Center. This process is called Consular Processing.

Question #8 – Family Based Immigration
My husband recently filed an I-130. We have included all the documentation that was required. How long will it take for USCIS to respond?

Answer #8
Current processing times indicate a period of 6 months for the adjudication of Form I-130. If further evidence is required, a Request for Additional Evidence will be issued, which will further delay the final adjudication of the petition by a USCIS Officer.

Question #9 – General
On the USCIS website, what does it mean if the status of the application states that it is now changed to “post decision activity?”

Answer #9
This means that the government has reached a decision in your case. For example, if you applied for DACA, the govt. has either approved or denied your petition.

Question #10 – Family Based Immigration
My wife came here from France four years ago with a visa waiver. Now that we are married, we filed an adjustment of status. Will she need to return to France for the immigration interview?

Answer #10
No. She will likely attend the interview at a USCIS local field office.

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 21, 2013!

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

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; New York, North Carolina, Rhode Island and South Carolina.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

To view the state-by-state fact sheets click on the links below:

• New York

• North Carolina

• Rhode Island

• South Carolina

Source of Information:

The Immigration Policy Center (IPC), May 2013, Just the Facts
http://www.immigrationpolicy.org/just-facts

USCIS is reopening the FY 2013 Citizenship and Integration Grant Program funding opportunity announcement (DHS-13-CIS-010-002). Applications may be filed through Grants.gov from June 3, 2013 through June 5, 2013 at 11:59:59 PM EDT. USCIS learned after the close of the original application period on May 22, 2013 that Grants.gov rejected a significant percentage of applications to this funding opportunity. Given those rejections, USCIS is reopening this opportunity for a brief period to allow potential applicants to resubmit an application. Organizations that successfully submitted an application through Grants.gov before the May 22, 2013 deadline are not required to resubmit.
For more information, please contact the USCIS Office of Citizenship’s Grants Division at citizenshipgrantprogram@uscis.dhs.gov

Source of Information:
USCIS.gov, (6/3/13), Email Bulletin

These USCIS statistics on DACA cases from 8/15/12 to 4/30/13 show a total of 497,960 DACA requests accepted for processing, 483,907 biometric services appointments scheduled, and 291,859 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 375,568 received to date and 230,821 approved. California was the top state of residence with 141,367 received to date and 87,142 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (May, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 5/17/13)”

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

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

Our next “Q & A Forum” will take place this Friday, June 7, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Now that the New Immigration Reform Bill, S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Reform Act, is finally out of the Senate Judiciary Committee and has been sent to the U.S. Senate for a vote, it is time for you to send your opinions on the bill to the Senators that represent your state. The American Immigration Lawyers Association (AILA) has setup a web page for you to easily find and then send a message to your specific members of congress supporting the New Immigration Reform Bill. Using your zip code or home address, they can find the name and email address of your Representatives in Congress. They have created five templates, including four issue-specific letters on business, family, due process and legalization that you can use or you can write your own message. Enter your zip code and select a message to send to your Senator.

MVP Law Group would like you at this critical time to urge your Senators to pass a workable Immigration Reform Bill. If passed by the Senate the new Immigration Reform Bill will be sent to the U.S. House of Representatives.

Source of Information:
AILA.org, (5/29/13), web site

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Iowa, Kansas, Kentucky and Minnesota.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

To view the state-by-state fact sheets click on the links below:

• Iowa

• Kansas

• Kentucky

• Minnesota

Source of Information:

The Immigration Policy Center (IPC), May 2013, Just the Facts
http://www.immigrationpolicy.org/just-facts

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 5/21/13 with processing dates as of 3/31/13.

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.

“For over two centuries, brave men and women have laid down their lives in defense of our great Nation. These heroes have made the ultimate sacrifice so we may uphold the ideals we all cherish. On this Memorial Day, we honor the generations of Americans who have fought and died to defend our freedom.” -- President Obama

History.com, Video: The history of Memorial Day!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1
Can I apply for a spousal visa, if I am getting married to a green card holder & am currently in H-1B visa status?

Answer #1
Yes; however, you must first marry your spouse. After marriage, your green card holder (Lawful Permanent Resident) spouse, may then prepare and submit an I-130, Petition for Alien Relative on your behalf to the USCIS for processing.

Question #2
Are employers required to post a notice of filing of LCA at the end-client location? Why can’t we just post at our offices?

Answer #2
Yes. Pursuant to the regulations, notices are to be posted in two conspicuous locations at the actual location where the work is to be performed. Therefore, posting at the employer’s office only is not sufficient.

Question #3
If I have less than six months before my passport will expire, how can I file an H-1B petition?

Answer #3
You can still file an H-1B petition. However, your passport should be current at all times. If visa stamping is needed, then you should have a valid passport for a validity period of longer than six months.

In most cases, to enter the United States, you must have a passport that is valid for at least six months after the date you enter or reenter. Many countries will allow you to renew your passport while in the United States. The other alternative is to renew your passport when you return home for a visit. You may want to delay leaving the United States until you have renewed your passport. You will not be able to reenter the United States without a valid passport.

If your expired passport has a valid visa, you can still use it if you kept the old passport. Present the old passport, along with the new passport when you reenter the country.

Question #4
I have my Green Card and I will be traveling outside of the US this summer. What documents do I need to travel outside the United States?

Answer #4
Your Green Card. However, be certain to not take trips longer than 6 months in duration outside of the U.S., if you intend to apply for Citizenship in a few years, as it will disrupt the continuous residence requirement. Furthermore, please take note not to make any trips outside the U.S. of one year or longer without possessing a valid re-entry document in addition to your Green Card.

Question #5
If I am a Green Card holder and plan to be outside of the US for more than a year to care for my ailing mother, what should I do?

Answer #5
You should apply for a re-entry permit with the USCIS.

Question #6
If I lost my Green Card, how do I replace it? What are the costs?

Answer #6
You must file Form I-90, Application to Replace Permanent Resident Card with the USCIS. The USCIS filing fee is $365.00 plus biometrics $85.00, total of $450.00

Question #7
Once I get my H-1B transfer, is there any time restriction to join my new employer?

Answer #7
Pursuant to AC21, H-1B transferring employees are able to begin working with the new sponsoring employer upon submission of the case to the USCIS; however, the applicant may only begin working with the new employer if the LCA and I-129 cover the beginning date of employment.

Question #8
Is there a limit of how many times someone can transfer an H-1B Visa?

Answer #8
No, there is no limit of how many times someone may transfer their H-1B to a new employer.

Question #9
Can I change my status from an H-4 to an F-1? I am enrolling in college this Fall.

Answer #9
Yes, if you are eligible to change status from H4, dependent status to F1, student status.

Question #10
While we were staying in the US with my H-1 Visa, my wife had a baby boy. Do I need to get a Visa or a US Passport to travel with him out of the country?

Answer #10
If your baby boy was born in the United States, he is automatically a U.S. Citizen. Therefore, yes, you will need to apply for a U.S. Passport for your son in order to travel with him outside of the country.

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 7, 2013!

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

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Delaware, Florida, Hawaii and Illinois.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

To view the state-by-state fact sheets click on the links below:

• Delaware: http://www.immigrationpolicy.org/just-facts/new-americans-delaware

• Florida: http://www.immigrationpolicy.org/just-facts/new-americans-florida

• Hawaii: http://www.immigrationpolicy.org/just-facts/new-americans-hawaii

• Illinois: http://www.immigrationpolicy.org/just-facts/new-americans-illinois

Source of Information:

The Immigration Policy Center (IPC), May 2013, Just the Facts
http://www.immigrationpolicy.org/just-facts

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of May 2, 2013.

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 processing time for an I-129 H-1B Appeal is current; for an I-129 L1 Appeal is current. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is current; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 9 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, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, May 24, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Immigration Policy Center Releases Updated State-by-State Fact Sheets!

The Immigration Policy Center (IPC) has released the first twenty updated state-by-state fact sheets with accompanying info graphics. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. debates Comprehensive Immigration Reform, we thought that it would be an appropriate time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Alabama, Arizona, California and Connecticut.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

To view the state-by-state fact sheets click on the links below:

• Alabama: http://www.immigrationpolicy.org/just-facts/new-americans-alabama

• Arizona: http://www.immigrationpolicy.org/just-facts/new-americans-arizona

• California: http://www.immigrationpolicy.org/just-facts/new-americans-california

• Connecticut: http://www.immigrationpolicy.org/just-facts/new-americans-connecticut

Source of Information:

The Immigration Policy Center (IPC), May 2013, Just the Facts
http://www.immigrationpolicy.org/just-facts

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1
If I am working in the US with an H-1 Visa, can I obtain a driver’s license right away? What do I need to show them at the Motor Vehicle place?

Answer #1
Yes. You must present necessary supporting documents required to verify legal presence in the United States. Generally, a nonimmigrant should be prepared to present the following: Valid passport with visa (if applicable); Form I-94, “Arrival/Departure Record”; Form I-20 (for an F or M student) or Form DS-2019 (for a J exchange visitor); EAD card (Form I-766 “Employment Authorization Document”), if on post-completion OPT; Form I-797, “Notice of Action,” in cases of a change of status (e.g., from F-1 to H-1B); Social Security number (SSN) on a Social Security card. To determine what is specifically required in your state, you will need to check the DMW website or contact a local DMV office

Question #2
How do I become categorized as STEM worker? I would like to find a job in the US. Right now, I live in Prague and have my Master’s Degree in Computer Science.

Answer #2
In order to become categorized as a STEM worker, an applicant must receive an accredited U.S. degree in one of the STEM fields – Science, Technology, Engineering and Math.

Question #3
I work for Toyota as a head mechanical specialist and my company wants to transfer me to a plant in the US. Would I qualify for an L-1 Visa?

Answer #3
The L-1 visa allows companies operating both in the U.S. and abroad to transfer certain types of employees from its overseas office to the U.S. office for up to seven years. This visa comes in the following categories: L-1A - for executives and managers; and L-1B - for personnel with specialized knowledge.
Businesses that function both in the United States and in their home country gain the benefits of the best of both areas. The L-1 visa is open to international organizations with offices in the U.S. who transfer employees to the U.S. office for temporary periods of time. This visa is sometimes referred to as the 'intra-company transferee' visa.
To obtain an L-1 visa, you must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge. The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a U.S. office, subsidiary or affiliated company.

Question #4
What date does my company have to start using the new I-9 form?

Answer #4
Beginning May 7, 2013, Employers must ONLY use the newly revised Form I-9 with revision date 3/08/2013 appearing in the lower left hand corner of the Form.

Question #5
What is an EB-5 visa?

Answer #5
In short, The EB-5 visa is for Immigrant Investors. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a "Targeted Employment Area" - high unemployment or rural area), creating or preserving at least ten (10) jobs for U.S. workers excluding the investor and their immediate family.

For more information on the EB-5 Immigrant Investor visa, please contact our office.

Question #6
My family has vacation plans to travel back to India in August 2013. Can I file my H-1B extension petition prior to my leaving for vacation?

Answer #6
You may file your H-1B extension up to 6 months prior to the expiration of your current H-1B visa. You should file as early as possible, as we do not recommend that you travel outside of the U.S. while your H-1B extension petition is pending with the USCIS.

Question #7
What does it mean when a Priority Date becomes current?

Answer #7
When your Priority Date becomes "Current", it means that there are visa numbers available for your particular nationality, for your situation, for your particular preference category, (i.e. India, Employment Based, Third Preference). When your Priority Date becomes current, you may then proceed to the Adjustment of Status or Consulate Processing phase of the Green Card process.

Question #8
If my Green Card is expiring the end of this year, how soon should I apply to renew it?

Answer #8
You can apply up to six months prior to the expiration date of your card (indicated on the front of the card).

Question #9
I’m a U.S. Citizen and engaged to marry my Irish fiancé. We have known one another for over five years and have been engaged for three months. Can I sponsor my fiancé? What are the requirements?

Answer #9
If you petition for a fiancé(e) visa, you must show that:
• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.

Question #10
If I am residing in the US with an H4 Visa, can I apply for a Social Security card?

Answer #10
You cannot apply for a Social Security card, as an H4 dependent under current immigration laws.

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 24, 2013!

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, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, May 10, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

The U.S. Department of State, Bureau of Consular Affairs has released updated factsheets containing FY2012 selected immigrant and nonimmigrant visa statistics. These factsheets contain vision representations of the data by using graphs and tables, which makes them much easier to read and understand. I have provided the links to the six updated factsheets below for your review.

Immigrant Visas Issued at Foreign Service Posts by Country of Birth/Chargeability (FY 2012)

Immigrant Visa Issuances at Top Posts (FY 2012)

Immigrant Visa Issuances by Applicants' Area of Birth/Chargeability - Regional Breakdown (FY 2012)

Nonimmigrant Visas Issued by Nationality (FY 2012)

Nonimmigrant Visa Issuances at Top Posts (FY 2012)

Nonimmigrant Visa Issuances by Applicants' Nationality - Regional Breakdown (FY 2012)

Note: The source web page for the six updated factsheets also includes ten Multi-Year Graphs (FY2007 to FY2012) on selected visa statistics for you information.

Source of Information:

Travel.State.Gov, Web Site, (4/26/13) Posting:
Visa Statistics, Graphs

These USCIS statistics on DACA cases from 8/15/12 to 3/31/13 show a total of 472,004 DACA requests accepted for processing, 456,843 biometric services appointments scheduled, and 268,361 requests approved.

The data also shows the number of accepted and approved requests from the top countries of origin and the top states of residence. Mexico was the top county of origin with 354,002 received to date and 209,978 approved. California was the top state of residence with 134,167 received to date and 73,104 approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (April, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 4/12/13)”

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

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

Our next “Q & A Forum” will take place this Friday, April 26, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of April 2, 2013.

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 processing time for an I-129 H-1B Appeal is current; for an I-129 L1 Appeal is current. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is current; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 9 months.

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

The U.S. Department of Labor, Office of Foreign Labor Certification (OFLC) has released updated factsheets containing Second Quarter FY2013 selected program statistics. These factsheets contain vision representations of the data by using graphs and tables, which makes them much easier to read and understand. I have provided the links to the five updated factsheets below for your review.

Permanent Labor Certification Program

Prevailing Wage Determination Program

H-1B Temporary Visa Program

H-2A Temporary Agricultural Visa Program

H-2B Temporary Non-agricultural Visa Program

Source of Information:

OFLC's Web Site, (4/11/13) Announcement:
April 11, 2013. Quarter 2 FY 2013 Selected Statistics by Program

View the links below for more detail on the subject:
OFLC's Performance Data

**The hearing date has been re-scheduled for April 19th at 10:00am (EST).

Senator Leahy, the Senate Judiciary Committee Chairman has announced that a full committee hearing on comprehensive immigration reform has been scheduled for April 17th. The Senate hearing will be held at Dirksen Senate Office Building in Washington, D.C. This hearing is a result of the proposed legislation being worked on by the bipartisan “Gang of Eight”. The only witness listed to testify at this initial hearing is Secretary Janet Napolitano, Department of Homeland Security.

MVP Law Group would like our blog readers to email us with your own questions or comments about Comprehensive Immigration Reform. We may include them in future blog posts on the subject! Remember, MVP Law Group always invites Immigration related questions for our bimonthly Immigration Q&A Forum!

View the links below for more detail on the subject:

nbcnews.com (4/10/13) Article:
Leahy: Hearing on comprehensive immigration reform set for April 17

Senate Judiciary Committee (4/10/13) Hearing Schedule:
Hearing on Comprehensive Immigration Reform Legislation

Now that all of the new H-1B visas for the 2014 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?

Here are some creative solutions to this problem:

OPT – STEM Extension
If the company is registered for E-Verify, the database that enables employers to verify the legitimacy of work authorization and identity documents at the time of hire, those who have been granted 12 months of Optional Practical Training after graduation, are eligible for a STEM extension of an additional 17 months of work authorization.

O-1 Visa
The O-1 visa is suited for individuals of extraordinary ability or achievement. The O classification is a useful and flexible alternative to the H-1B program because there is no overall limit on time in the classification and there is no cap. O-1 beneficiaries in the sciences, arts, education, business, or athletics must have extraordinary ability “demonstrated by sustained national or international acclaim.”

E-3 Visa
The E-3 visa classification is limited to Australian Professionals. The E-3 visa is a “specialty occupation” visa similar to the H-1B visa. Therefore to be eligible for the visa, the Australian citizen must possess a bachelor’s degree or higher (or its equivalent) in the specialty and the specialty occupation must require the degree. There is a 10,500 annual limit on the E-3 visa.

L-1 Visa
The L-1 visa is an option for international organizations with offices in the United States who transfer employees to the United States for temporary periods of time. In order to be eligible for an L-1 visa, the petitioning entity must prove that the beneficiary of the visa has worked for the non-U.S. based sister company/subsidiary for at least one full year within the last three years as an executive, manager or employee with specialized knowledge.

H-1B Visa for FY2015
WAIT for the H-1B FY2015 Quota. The H-1B FY2015 Quota will open on April 1, 2014 with employment beginning on October 1, 2014. 65,000 visas are annually allocated to foreign nationals who possess a bachelor’s degree or higher (or its equivalent) in the specialty and the specialty occupation must require the degree. We can begin to prepare cases for the annual quota now; however, no cases will be filed with the USCIS towards the CAP until after April 1, 2014.

Contact MVP Law Group for more information!

Naturalization is the process by which U.S. citizenship is granted to foreign citizens or nationals after fulfilling the requirements established by Congress in the Immigration and Nationality Act (INA). After naturalization, foreign-born citizens enjoy nearly all the same benefits, rights and responsibilities that the Constitution gives to native-born U.S. citizens, including the right to vote.

The Office of Immigration Statistics Annual Flow Report presents information on the number and characteristics of foreign nationals aged 18 years and over who were naturalized during FY 2012.

The Department of Homeland Security (DHS) report states that in FY2012 a total of 757,434 persons were naturalized. The leading countries of birth of new naturalized citizens were Mexico (102,181), the Philippines (44,958), India (42,928), the Dominican Republic (33,351), and China (31,868). The largest number of persons naturalized lived in the states of California (158,850), Florida (100,890), and New York (93,584). Read the report linked here for more details, “U.S. Naturalizations: 2012”.

Source of Information:

DHS.gov, web page:
http://www.dhs.gov/publication/us-naturalizations-2012

DHS Office of Immigration Statistics, Annual Flow Report - March 2013:
U.S. Naturalizations: 2012

DHS.gov, Data Tables including supplemental tables (XLS files):
Naturalization (FY2012) Data Tables

For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption.

On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

The agency conducted the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.

As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013. .

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated FY 2014 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to: extend the amount of time a current H-1B worker may remain in the U.S.; change the terms of employment for current H-1B workers; allow current H-1B workers to change employers; and allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields including, but not limited to: scientists, engineers, or computer programmers.

For more information on USCIS and its programs, please visit www.uscis.gov

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.

After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

“Unless you are one of the first Americans, unless you are a Native American, you came from someplace else. That’s why we’ve always defined ourselves as a nation of immigrants. And we’ve always been better off for it.”
– President Obama

President Obama and his staff are looking for stories of why individual Americans are supporting Immigration Reform. The White House web site has added a new web page to collect these stories. They plan to use them in their push for immigration reform, which the President stated is a top priority! Your story could help reform immigration in this country! Use the link below to post your story; you can even include a photo.

Share your immigration story today and be part of this debate:

http://www.whitehouse.gov/issues/immigration/stories

A legal permanent resident (LPR) or “green card” recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United States. Permanent resident status confers certain rights and responsibilities. For example, LPRs may live and work permanently anywhere in the United States, own property, and attend public schools, colleges, and universities. They may also join certain branches of the Armed Forces and may apply to become U.S. citizens if they meet certain eligibility requirements.

The Office of Immigration Statistics Annual Flow Report presents information obtained from applications for LPR status on the number and characteristics of persons who became LPRs in the United States during 2012.

The Department of Homeland Security (DHS) report states that in FY2012 a total of 1,031,631 persons became LPRs. The report points out that nearly (66%) of the LPRs granted permanent resident status were based on a family relationship with a U.S. citizen or legal permanent resident. The three leading countries of birth for new LPRs were Mexico (14%), China (7.9%) and India (6.4%). Read the report linked here for more details, “U.S. Legal Permanent Residents: 2012”.

Source of Information:

DHS.gov, web page:
http://www.dhs.gov/publication/us-legal-permanent-residents-2012

DHS Office of Immigration Statistics, Annual Flow Report - March 2013:
U.S. Legal Permanent Residents: 2012

DHS.gov, Data Tables including supplemental tables (XLS files):
LPR (FY2012) Data Tables

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 4/1/13 with processing dates as of 1/31/13.

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

Revision: The processing date for Form I-360 VAWA classification at the VSC has been changed to 11/6/11.

**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.

The USCIS National Customer Service Center (NCSC) is introducing new public hours of operation for their toll-free number at 800-375-5283. Effective immediately, USCIS will eliminate Saturday hours of operation. Beginning April 1, the NCSC will be open from 8 a.m. to 6 p.m., Monday through Friday, in all four time zones in the contiguous United States. This adjustment will allow USCIS to better serve customers during peak contact hours and respond more quickly to customer needs.

As always, customers can check the status of their case, change their address, or submit an e-request 24 hours a day by visiting www.uscis.gov. In the coming months, USCIS plans to launch a number of additional customer service enhancements to further improve the quality of their customer service.

To summarize, the USCIS NCSC will be reducing their call in hours on their live customer service line, Monday through Friday by two hours and eliminating Saturday hours.

Source of Information:

USCIS.gov (3/22/13) News Alert:
USCIS Revises Public Hours of National Customer Service Center

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 3/22/13 with processing dates as of 1/31/13.

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

Question #1 – H-1B Nonimmigrant Work Visa
Are applicants with Master Degree’s given preference when filing for an H-1B under the yearly Cap?

Answer #1
The cap (the numerical limitation on H-1B petitions) for FY 2014 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.

*The applicant must have a U.S. Master’s degree or higher.

Question #2 – H-1B Nonimmigrant Work Visa
I recently read the H-1B cap quota may be filled in the first 5 days. When do my employer & I expect to be notified if my H-1B is accepted?

Answer #2
According to the USCIS FY2014 H1B CAP website:

Based on feedback from a number of stakeholders, USCIS anticipates that it may receive more petitions than the H-1B cap between April 1, 2013 and April 5, 2013. USCIS will monitor the number of petitions received and notify the public of the date on which the numerical limit of the H-1B cap has been met. This date is known as the final receipt date. If USCIS receives more petitions than it can accept, USCIS will use a lottery system to randomly select the number of petitions required to reach the numerical limit. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap. The lottery for the H-1B cap was last used in April 2008.

H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions, in order to avoid delays in processing and possible requests for evidence.

Expect to be notified within the month of April 2013.

Question #3 – H-1B Nonimmigrant Work Visa
If my H-1B is not processed during the quota, what can I do to remain in the US?

Answer #3
Shortly after the quota is reached, our office will post a blog about other options – for instance, L1 nonimmigrant visa, O1 nonimmigrant visa, F1 student visa, etc. For more information about other options, please stay posted to our blog.

If you are interested in learning about other options now, please contact our office for more information.

Question #4 – H-1B Nonimmigrant Work Visa
What is the normal processing time for an H-1B visa? Does it change during the Cap?

Answer #4
Regular processing takes approximately 3-4 months from the date of receipt of filing. Premium processing takes 15 calendar days from the date of receipt of filing, for an additional USCIS filing fee of $1225.00.

Question #5 – H-1B Nonimmigrant Work Visa
My employer filed my case using Premium Processing. Will it help my case?

Answer #5
According to the USCIS FY2014 H1B CAP website:
Filing an H-1B petition requesting premium processing will not increase the chances of obtaining an H-1B under the quota. If you request premium processing and the case is accepted for processing, the 15 day premium processing window will start on April 15, 2013, according to the USCIS press release issued 3/15/2013. Please note that one perceived benefit of filing a cap subject H-1B petition with a request for premium processing is that a receipt notice may be issued faster than if filed under regular processing. Therefore, the petitioner and beneficiary may confirm sooner that the petition has been chosen in the lottery.

Question #6 – H-1B Nonimmigrant Work Visa
What is an LCA? Does my employer file it for me?

Answer #6
An LCA stands for a Labor Condition Application. It is a document that a sponsoring H-1B employer files with the Department of Labor (DOL) – Employment & Training Administration (ETA), when it seeks to employ nonimmigrant workers in a specific job occupation in an area of intended employment for not more than three years.

Question #7 – H-1B Nonimmigrant Work Visa
How can I check on the status of my H-1B case?

Answer #7
Once you receive a receipt number, you can go online and check the status of your case by going to http://www.uscis.gov and using the receipt number. The case status mechanism is located on the left hand side of the website.

Question #8 – H-1B Nonimmigrant Work Visa
My current H-1B is going to expire in 4 months. Can my employer file an extension for me to remain on H-1B?

Answer #8
Yes, if you are eligible for an extension. Extensions and transfers are not subject to the Annual CAP. Your employer may submit an extension filing up to 6 months in advance of the current expiration of your visa.

Question #9 – H-1B Nonimmigrant Work Visa
Right now, I am on a Student Visa and my employer has filed for an H-1B Visa for me. May I leave the country to attend my sister’s wedding?

Answer #9
Our law firm strongly recommends that you do not travel once your H-1B visa petition has been submitted to the USCIS.

For more information, or to discuss your particular situation, we recommend a scheduled consultation with one of our Attorneys.

Question #10 –H-1B Nonimmigrant Work Visa
While on an H-1B visa, can I immigrate permanently to the U.S.?

Answer #10
The H-1B nonimmigrant visa is a temporary work visa, only granted in 3 year increments for a period not to exceed 6 years, unless you have initiated the Green Card process prior to your 6th year in H-1B nonimmigrant visa status. The H-1B nonimmigrant visa is the only nonimmigrant visa that allows you to possess ‘dual intent’, to work on a temporary work visa and then eventually seek permanent residence 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, April 12, 2013!

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, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 29, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

These USCIS statistics on DACA cases from 8/15/12 to 3/14/13 show a total of 453,589 DACA requests accepted for processing, 442,041 biometric services appointments scheduled, and 245,493 requests approved.

The data also shows the number of accepted requests from the top ten countries of origin and the top ten states of residence. Mexico was the top county of origin with 338,334 received to date. California was the top state of residence with 128,412 received to date.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (March, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 3/15/13)”

President Obama and members of his senior staff met last Friday (3/8/13) with a diverse group of religious leaders from across America. I have included the list of participants below. The White House meeting was held to update these leaders on the progress of immigration reform and to give them a chance to voice their concerns. The discussions were off-the-record; however, it was reported the discussions involved “Family-based Immigration”, “Path to Citizenship”, LGBT rights and many others. One participant, Dieter Uchtdorf from the Church of Jesus Christ of Latter Day Saints stated, “We were a very small group, and so everyone had a chance to say their piece”. Uchtdorf also stated, “The President was very warm and friendly, and seemed interested in what we had to say.”

MVP Law Group realizes that humanity is a hard thing to legislate! We feel the President is on the right path by including as many perspectives as possible in the discussion.

Participants in the meeting included:

• Leith Anderson, National Association of Evangelicals
• Stephan Bauman, President and CEO, World Relief
• Bishop Minerva Carcaño, United Methodist Church
• Rev. Luis Cortés, President, Esperanza
• Barrett Duke, Southern Baptist Convention
• Bishop Orlando Findlayter, Senior Pastor, New Hope Christian Fellowship
• Archbishop José Horacio Gomez, Archdiocese of Los Angeles
• Mark Hetfield, President and CEO, Hebrew Immigrant Aid Society
• Rev. Kathryn Lohre, National Council of Churches
• Imam Mohamed Magid, President, Islamic Society of North America
• Rev. Samuel Rodriguez, President, National Hispanic Christian Leadership Conference
• Rev. Gabriel Salguero, President, National Latino Evangelical Coalition
• Dieter Uchtdorf, Second Counselor, Church of Jesus Christ of Latter Day Saints
• Jim Wallis, President and CEO, Sojourners

View the links below for more detail on the subject:

Whitehouse.gov (3/8/13) Press Release:
Readout of the President’s Meeting on Commonsense Immigration Reform

Ncccusa.org (3/9/13) Released Statement:
Obama invites NCC, religious leaders to discussion of immigration reform

Deseretnews.com (3/8/13) Article:
President Uchtdorf, faith leaders counsel President Obama on Immigration

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

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

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

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

Source of Information: USCIS.GOV

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – General
What jobs are considered STEM occupations?

Answer #1
STEM (Science, Technology, Engineering and Math) careers are concentrated in the following fields: Computer and Informational Sciences; Engineering and Engineering Technologies; Biological and Biomedical Sciences; Mathematics and Statistics; Physical Sciences and Technologies.

Question #2 – General
What is an EAD?

Answer #2
An Employment Authorization Document (EAD) is a document issued by the USCIS to authorize an alien to work in the U.S. for a temporary period of time. It is also referred to as a work permit. With a valid EAD, an alien may legally work in the United States for any employer.

Question #3 – Green Card
How long do I have to live and work in the United States before I can apply for my Green Card?

Answer #3
There is no set period of time that you must live and work in the United States before you may apply for a Green Card or have a U.S. employer sponsor your Green Card.

Question #4 – General
I was able to file I-485 applications for myself and my wife in November and since then we have received the combined EAD/AP card. Can my wife apply for a SSN now? My health insurance coverage is requesting that she obtain a SSN.

Answer #4
Yes, your wife can 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 #5 – H-1B Nonimmigrant Visa
Right now, I am living in the US with my husband who has an H-1B Visa. I would like to start working myself. Do I need my own H-1B?

Answer #5
Yes. I am assuming that you are presently on H4 status which does not allow you to work. In order to work, you will need to find a sponsoring employer willing to file an H-1B petition on your behalf.

Question #6 – H-1B Nonimmigrant Visa
If I have an H-1B Visa, but I want to work for a different employer, do I change my job and then submit the new H-1B papers?

Answer #6
NO. You will need to have your new employer submit an H-1B transfer/extension petition with the USCIS before you are able to move to the new employer.

Question #7 – General
I am reading in the online forums and read things mentioned as PIMS and CLAIMS. Can you tell me what these mean?

Answer #7
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 #8 – H-1B Nonimmigrant Visa
If I’m currently training on an F-1 Visa, when should I file my H-1B petition?

Answer #8
If you mean, you are currently utilizing your OPT, the answer will depend upon when your OPT will expire. If expiring between now and March 31, 2014, you should submit your H-1B petition under the FY2014 CAP opening on April 1, 2013 with H-1B employment beginning on October 1, 2013.

Question #9 – H-1B Nonimmigrant Visa
What is CAP GAP? And Am I subject to the CAP GAP?

Answer #9
As provided on the USCIS website, Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire through the start date of their approved H-1B employment period. This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students.

Question #10 –H-1B Nonimmigrant Work Visa
I am an international student with F1- status and Associate degree that I obtained here in US. Am I qualified to change my status to h1B VISA?

Answer #10
Unfortunately, you are not, unless you possess qualifying work experience. You can combine your education and experience to satisfy the Bachelor’s degree requirement if you have the requisite years of experience. To be eligible to obtain an H-1B visa, you must possess a Bachelor’s degree in a Specialty Occupation field, and the position for which you are being sponsored must require at a minimum the attainment of a Bachelor’s degree in a specific specialty occupation field.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, March 29, 2013!

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

Various proposals for Immigration Reform have included a “Pathway to Citizenship” for the estimated 11 million undocumented immigrants already living in this country. There are many misconceptions about this group; we call “undocumented immigrants”!

I recently read an article entitled, “5 need-to-know facts about undocumented immigrants”. I have included the five questions from the article below. Think about how you would answer these questions before you read the article. I think you will be surprised by the answers that the article provides. The questions and answers were based on research conducted by the Pew Research Hispanic Center. Hopefully, we can all learn something from this Q&A.

MVP Law Group would like our blog readers to email us with your own questions or comments about Immigration Reform. We may include them in future blog posts on the subject! Remember, MVP Law Group always invites Immigration related questions for our bimonthly Immigration Q&A Forum!

Here are the five questions answered by the article:

1) Who are the undocumented?

2) Where do undocumented immigrants live?

3) What jobs do undocumented immigrants work?

4) How many undocumented immigrants leave?

5) What does the public want when it comes to immigration reform?

View the links below for more detail on the subject:

Nbclatino.com (1/30/13) Article:
5 need-to-know facts about undocumented immigrants

Businessweek.com (2/12/13) Video:
Immigration: Facts and Figures You Must Know

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

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

Our next “Q & A Forum” will take place this Friday, March 15, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

About 300 farmers gathered on Wednesday (2/27/13) in Raleigh, NC at the North Carolina State Legislative Building. They were there for a press conference and the release of the North Carolina Farm Bureau's (NCFB) “North Carolina Agriculture Workforce Report – February 2013”. The NCFB conducted a farm labor survey of approximately 50,000 farms in North Carolina.

One major problem they found was that 61% of the farmers were having trouble finding workers to pick their crops and work their fields. The NCFB advocates an enhanced Guest Worker Program as part of overall U.S. Immigration Reform. The farmers are worried that the NC Legislature will make E-Verify mandatory for temporary farm workers without a reliable guest worker program in place. As of July 1, 2013 NC employers with 25 or more employees will be required to use E-Verify to check work authorization for all new hires. Seasonal temporary workers are exempt but NC farmers are worried this will soon change.

Doug Patterson, owner of Patterson Farm, Inc. which employees about 300 people stated, “We feel that if nothing is done in the next few years, we will reduce acreage or get out of the fruit and vegetable farming business altogether. North Carolina will have to decide to import our workers or import our food.” Patterson added, “If the state passes and implements a mandatory E-Verify system without a viable, affordable federal guest worker program in place, then many farmers will be forced to quit.”

The U.S. does have a guest worker program for Temporary Agricultural Workers, the H-2A visa. There were 65,345* of these visa granted in FY2012. The problem is that U.S. farms hired an estimated million or more undocumented immigrants to fill needed seasonal (temporary) jobs during this same time period! The farmers complain that the existing H-2A program has too much bureaucratic paperwork and requires them to pay inflated wages and benefits. All these things add up and affect their bottom line and in some cases their actual existence!

View the links below for more detail on the subject:

NCFB.org (2/27/13) Press Release:
NCFB Report Reveals an Unstable Agriculture Workforce and Signs of a Broken System

NCFB.org (2/27/13) Report:
North Carolina Agriculture Workforce Report – February 2013

WRAL.com (2/27/13) Video:
Farmers ask lawmakers to ease up on immigration rules

WRAL.com (2/27/13) Article:
NC farmers want help on immigration solution

Globalpost.com (3/1/13) Article:
North Carolina Farmers Wary of E-Verify Mandate

Washingtonpost.com (2/26/13) Article:
Republicans, Democrats agree on need to rework agricultural worker program

*Worldwide NIV Workload by Visa Category FY 2012 (U.S. Dept. of State)

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of March 1, 2013.

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 processing time for an I-129 H-1B Appeal is current; for an I-129 L1 Appeal is current. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is current; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 12 months.

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

Jeb Bush, the former Republican Governor of Florida has co-written a new book, “Immigration Wars: Forging an American Solution”. This is not a review of the book, which will not be released until Wednesday, March 6th but a reminder for you to watch for all the discussion that the book generates. Jeb Bush and his co-author Clint Bolick, VP for Litigation, Goldwater Institute and a research fellow with the Hoover Institution are touring the country speaking on TV Morning Shows and doing book signings and discussions. The book is billed as a non-partisan solution for comprehensive immigration reform. One major point that is different from the proposals being made by Congress and the President is NO path to citizenship for the estimated 11 million undocumented immigrants. Gov. Bush does suggest a form of legal residency for any of the estimated 11 million undocumented immigrants who meet his suggested requirements. Everyone will not agree with his proposals but he brings an interesting perspective to the ongoing immigration reform discussion.

View the links below for more detail on the subject:

Read an excerpt from the book, “Immigration Wars: Forging an American Solution” by Jeb Bush and Clint Bolick

NBCNEWS.com (3/4/13): Jeb Bush: No pathway to citizenship for illegal immigrants

Video: NBC Today Show, Interview with Jeb Bush and Clint Bolick (3/4/13): http://www.today.com/video/today/51034262#51034262

U.S. Immigration and Customs Enforcement (ICE) have released several hundred detained illegal immigrants from detention centers across the country. The reason given for this large number of early releases was the forced budget cuts caused by the federal budget sequestration, which is set to start March 1st. The exact number of those released has not been published but it is estimated to be around 300. According to the National Immigration Forum, the current cost to detain an undocumented immigrant is approximately $164 per day.

These individuals are being released but the charges against them will not be dropped. ICE has stated that the people released did not commit serious crimes, mostly misdemeanor traffic offenses. ICE will still track these people but with cheaper methods.

Republicans are concerned about the release of criminals and the Democrats are questioning why these people were detained in the first place for such minimal offenses.

MVP Law Group recognizes there will be other sequestration budget cuts which will affect the immigration process and our clients. We will be following this subject closely and we will report it to you, our blog readers.

View the links below for more detail on the subject:

AP.org (2/26/13):
DHS releasing illegal immigrants before sequester

Opposingviews.com (2/26/13):
What Impact Will Sequestration Have on Immigration

Immigrationforum.org (pdf):
The Math of Immigration Detention

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H-1B Nonimmigrant Visa
Can my spouse apply for an H-1B or does she have to apply for an H-4?

Answer #1
Your spouse may only apply for an H-1B if she has a U.S. employer willing to sponsor her H-1B temporary work visa. Otherwise, if she does not have a bona fide offer of employment from a U.S. employer willing to sponsor her, then, yes in order to accompany you and stay with you in the U.S., she would need to apply for an H4 visa. Individuals in H4 dependent visa status are NOT authorized for employment, they are NOT allowed to work.

Question #2 – Deferred Action for Childhood Arrivals
What is DACA?

Answer #2
It is a policy that will defer action for Children who qualify, who are otherwise unlawfully present in the U.S. through no fault of their own.
As listed on the USCIS website: As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, including individuals convicted of crimes with particular emphasis on violent criminals, felons, and repeat offenders, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

Question #3 – H-1B Nonimmigrant Work Visa
How long does my H-1B Visa last? What if it is about to expire? How do I re-apply?

Answer #3
An H-1B visa will last for the validity period as provided on Form I-797 (I-129 Approval Notice). A typical H-1B visa is approved for a period of three years, and may be extended once for an additional three years, totaling 6 years in H-1B nonimmigrant visa status; however, certain circumstances do exists that will make an H-1B applicant eligible for H-1B extensions beyond the six year limit.

If your H-1B visa is about to expire, you need to know how much time you have remaining in H-1B nonimmigrant visa status. If you have time remaining, you will need to file an H-1B extension with the USCIS requesting an additional period of time, not to exceed three years. If you do not have any time remaining, you will have to leave the U.S. for a period of one (1) year, and after one (1) year you will become subject to the H-1B Annual Cap and will need to apply for a new H-1B to return to the U.S.

Question #4 – Temporary Nonimmigrant Work Visas
My company is in the process of setting up a United States office. They would like for me to transfer to the US to oversee their daily operations. I am not sure how long I will be staying. Do I apply for an H-1B or L-1 Visa?

Answer #4
I cannot answer case specific questions in this forum, therefore, I have provided below, basic information concerning the H-1B and L1 visa. We recommend that you speak with an experienced Immigration Attorney to determine which visa will be most suitable for your situation.
The H-1B non-immigrant worker visa is subject to numerical limitations imposed by Congress. Each fiscal year, beginning on April 1, 65,000 visas are available for those who qualify for ‘Specialty Occupations.’ Specialty Occupations are defined as those that require a theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The laws regarding the H-1B visa are in constant flux and applicants seriously considering this category as a means of working in the U.S. on a temporary basis should stay informed and updated as much as possible. Due to the fact that an applicant’s circumstances and the circumstances of his/her dependent family members may require special attention, the following information is not tailored to any one individual but provides general information about this category. 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 spouse and unmarried children below the age of 21 are allowed to accompany or join the H-1B worker as H-4 dependents. However, they cannot work unless they qualify for a work visa. H-4 dependents can enroll and attend schools in the U.S. without obtaining a student visa.
The L-1 visa allows companies operating both in the U.S. and abroad to transfer certain types of employees from its overseas office to the U.S. office for up to seven years. This visa comes in the following categories: L-1A - for executives and managers; and L-1B - for personnel with specialized knowledge. Businesses that function both in the United States and in their home country gain the benefits of the best of both areas. The L-1 visa is open to international organizations with offices in the U.S. who transfer employees to the U.S. office for temporary periods of time. This visa is sometimes referred to as the 'intra-company transferee' visa. To obtain an L-1 visa, you must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge. The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a U.S. office, subsidiary or affiliated company. Spouses and unmarried children under the age of 21 qualify for L2 status. Spouses may seek employment by filing form I-765. Children may attend school.

Question #5 – General
I am from Jamaica and have always wanted to live and work in the United States. My friend and I thought about applying for work at Disney World. What kind of Visas would we need?

Answer #5
You would need to speak with a Representative at Disney World, as they have several international exchange programs available for international applicants. They have a J1 Cultural Exchange Program that may suit your needs.

Question #6 – Temporary Nonimmigrant Work Visas
Can a Canadian native apply for an H-1B? Or do they only qualify for a TN Visa?

Answer #6
Anyone may apply for an H-1B nonimmigrant work visa so long as they meet the educational requirements. Only Canadians citizens and Mexican citizens may take advantage of the TN visa.

Question #7 – Temporary Nonimmigrant Work Visas
I am a Brazilian Soccer player. A few teams in the United States have contacted me to come & play for them. I am interested in traveling to the US to play. What are the differences between the 0-1 and 0-2 Visas?

Answer #7
The O-1 Visa is reserved for those with Extra-ordinary ability in the Sciences, Arts, Education, Business or Athletics and for those who have demonstrated records of extraordinary achievement in the Motion Picture or Television Industry. To be considered an outstanding individual, an applicant should be highly regarded in their particular field, and may only work in the U.S. in that specific area of expertise. The O-1 Visa is for outstanding individuals. This visa enables individuals with extraordinary ability in the sciences, arts, education, business, athletics, motion picture and television industry to enter the U.S. for temporary periods of time. USCIS loosely defines this category, and the spectrum of eligible individuals also includes chefs, carpenters and lecturers. The O-1 Visa must be petitioned by a US employer, U.S. agent or foreign employer through a U.S. agent. The spouse and/or unmarried children under the age of 21 may join the applicant in the U.S. under O-3 status. While they may not work while in the U.S., immediate family members are allowed to attend school or college. To qualify for an O-1 in the Sciences, Education, Business or Athletics, a person must demonstrate either of the following:

1. Receipt of a major, internationally-recognized award (e.g. the Nobel Prize), or
2. At least three (3) of the following apply to him/her:

- Receipt of nationally or internationally recognized prizes or awards for excellence in his/her field.
- Membership in an association in the field which requires outstanding achievements of its members, as judged by national or international experts in the field.
- Published material in professional or major trade publications or major media about the person, concerning the person's work in the field.
- Participation on a panel, or individually, as a judge of the work of others in the field.
- Scientific, scholarly, or business-related contributions of major significance in the field.
- Authorship of scholarly articles in the field in professional journals or other major media.
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
- High salary or other remuneration commanded by the person for services

The O-2 Visa enables the support personnel of an artist or athlete (O-1 visa holder) to accompany and assist the performer in a specific event or performance. The presence and support of the O-2 personnel must be essential to the successful performance of the O-1 visa holder. O-2 visas are offered to support personnel of O-1 Visa holders in the fields of athletics, entertainment, science, business or education. This status is not applicable to personnel in the motion picture and television industry. The O-2 Visa must be petitioned by a U.S. employer, U.S. agent or foreign employer through a U.S. agent. The spouse and/or unmarried children under the age of 21 are permitted to accompany the applicant to the U.S., under an O-3 status. The dependents of the applicant must be able to prove immediate family relation to the applicant. Dependents are not allowed to work while in the U.S., although they may attend school or college. More than one O-2 application may be included on the same petition, if all parties are helping the same O-1 applicant for the same events or performances, during the same period of time and at the same location.

Question #8 – Family Based Green Card
My fiancé and I have been dating for 2 years and we plan to get married in the next year. He is from Peru and is currently using a Student Visa. Can he apply for a Fiancé Visa now or should he wait until after we are married to get a Spousal Visa?

Answer #8
I cannot answer case specific questions in this forum. We recommend that you speak with an experienced Immigration Attorney to determine which process will be most suitable for your situation.

Question #9 – H-1B Nonimmigrant Work Visa
I have applied for an H-1B Visa. My wife has applied for a H4 Visa. Do we need to apply for an H4 Visa for all of our children? 2 of our children are under 3. The other one is 6 years old.

Answer #9
If your children are not U.S. citizens, then yes you will need to include them. Your children should have been included in your wife’s H4 application (Form I-539).

Question #10 – Employment Based Green Card
For the past 7 years, I have been attending medical school and working as a resident at some of the local hospitals. I would like to stay in the US and find a permanent position as a doctor. How do I get my Green Card and how long does it take?

Answer #10
In many cases, individuals find a permanent position with a company willing to sponsor their Green Card process. The length of the process depends upon which preference category you fit under and your country of birth.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, March 15, 2013!

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, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 1, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

These USCIS statistics on DACA cases from 8/15/12 to 2/14/13 show a total of 423,634 DACA requests accepted for processing, 411,739 biometric services appointments scheduled, and 199,460 requests approved.

The data also shows the number of accepted requests from the top ten countries of origin and the top ten states of residence. Mexico was the top county of origin with 313,722 received to date. California was the top state of residence with 119,466 received to date.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (February, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 2/15/13)”

The USCIS will celebrate Presidents’ Day (2/18/13) by welcoming thousands of new citizens in special naturalization ceremonies across the nation. These special ceremonies take place across the country at different locations. The link below will display all the locations! The ceremonies began on Friday, February 15, 2013 and will end on February 22, 2013.

Please visit the USCIS.gov website for a full list of President's Day Special Naturalization Ceremonies

Source of Information: "USCIS News Release (2/13/2013)"

MVP Law Group would like to congratulate these new citizens! Special ceremonies like these are not only a good way to celebrate a national holiday but a great way to let legal immigrants know how important they are to our society.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H-1B Non-Immigrant Visa
Who is included in the H-1B CAP?

Answer #1
The H-1B CAP that opens every year on April 1, only applies to new H-1B recipients – individuals graduating from a U.S. university; those who live abroad and have found work in the U.S.; those changing status from H4 to H1B, L1 to H-1B, TN to H-1B, etc.

Recipients of H1B Extensions, Transfers and Amendments are not subject to the Annual H1B Cap.

Question #2 – Employment Based Immigration
How can I qualify for an H-1B with a company, but not a Green Card with that company?

Answer #2
The H-1B program is entirely different from the Green Card process. With the H-1B program, one is able to combine both education and experience to satisfy the requirement of having the equivalent of a U.S. Bachelor’s degree in a specific field. However, with the Green Card process, education and experience cannot be combined for education equivalency to satisfy the employer’s minimum requirements for the position.

Question #3 – H-1B Non-Immigrant Visa
What is your projection of the H-1B CAP Season?

Answer #3
The Fiscal Year 2014 H-1B season is quickly approaching and has been projected to be the shortest season since the start of the Great Recession. In the past few seasons, as H-1B visa numbers dwindled, the rate of filings of Cap-subject H-1B visa petitions increased. For this reason, we predict the H-1B quota will be reached in the first two to three weeks.

This will be the shortest H-1B Season since FY 2009, when 165,000 H-1B petitions were filed within the five-day filing period at the beginning of April, 2008 and a lottery was needed to select the petitions that would be awarded a place within the Cap. After the start of the Great Recession, however, the demand for H-1B visas decreased dramatically, resulting in significantly longer H-1B seasons: the FY 2010 H-1B Cap was reached December 21, 2009; the FY 2011 H-1B Cap was reached January 27, 2011; the FY 2012 H-1B Cap was reached November 22, 2012; and the FY 2013 H-1B Cap was reached June 11, 2012. Many see the markedly higher demand for H-1B visa petitions this season as indicative of an improving job market and economy in the U.S.

Question #4 – Marriage Based Immigration
I married a U.S. Citizen after 4 years of dating and an autistic child, received my conditional green card and am now eligible to remove my conditions. My situation is a bit complicated and I may be facing a divorce. Can I, and Can you advise me on what to do?

Answer #4
You may be able to remove the conditions by filing a waiver. The questions and answers in this forum are limited to those of a general nature. We recommend that you contact one of our experienced Immigration Attorneys to further discuss the specifics of your situation.

Question #5 – H-1B Non-Immigrant Visa
Is there any limit to how many times I can apply for an H1B transfer?

Answer #5
No, you can apply as many times as you want.

Question #6 – DACA
Will I be able to get a driver’s license with DACA? What about in-state tuition?

Answer #6
The answer is dependent on the state.

Question #7 – H-1B Non-Immigrant Visa
I applied for an H-1B visa back in 2008, it was approved and I worked for two years and then returned to my home country to deliver my first child. I have found another work opportunity with a new employer in the US and would like to return. Am I subject to the Annual CAP?

Answer #7
If you have a I-797 approval notice indicating that your H-1B was approved within the past six years, and there is time remaining on your 6 year H-1B limit, then YES, you may return to the US upon receipt of a new I-797 approval notice with a new sponsoring employer.

Question #8 – Comprehensive Immigration Reform (CIR)
Will a new legalization program simply lead to more illegal immigration?

Answer #8
No: not if the new program contains all the appropriate elements and is implemented properly. Please stay tuned to our h1bvisalawyer blog, Facebook and Twitter for the latest updates concerning Comprehensive Immigration Reform.

Question #9 – H-1B Non-Immigrant Visa
My H-1B was approved in September 2011. Went for visa stamping in January 2012 and was denied. Consulate returned my petition to the USCIS in March 2012, still no response. What is going on? What’s going to happen next? I’m stuck in my home country until I receive some news.

Answer #9
Normally, when the Consulate/Department of State (DOS) returns a case to the USCIS, the USCIS has the authority to review the response from the Consulate/DOS and either re-affirm their previous decision or issue a Notice of Intent to Deny. The burden is then on the Petitioner to overcome any allegations presented in the Notice of Intent to Deny. Cases returned to the USCIS from the DOS are not given top priority and are worked on/reviewed as time and resources allow.

Question #10 – DACA
Will DACA let me travel internationally?

Answer #10
You would need to apply for an Advance Parole document in order to travel internationally. Please be advised that the Department of Homeland Security has stated that it will only grant Advance Parole for “humanitarian, education or work purposes.”

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

Our next “Immigration Q & A Forum” is scheduled for Friday, March 1, 2013!

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, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, February 15, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on February 5, 2013 with processing dates as of December 31, 2012.

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

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

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

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

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

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of February 1, 2013.

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 processing time for an I-129 H-1B Appeal is current; for an I-129 L1 Appeal is current. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is current; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 14 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. 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 employer. When should we begin to prepare our H-1B CAP subject cases? Once prepared, can we submit them prior to April to ensure our petitions are accepted?

Answer #1
MVP Law Group has already begun accepting and working on H1B cap-subject cases. The U.S. Citizenship and Immigration Services (USCIS) will start accepting H1B cap-subject filings for Fiscal Year 2014 (FY14) on Monday, April 1, 2013. We are advising employers and individuals who are in need of H1B cap-subject filings that it is time to start preparing for the H1B cap.

The cap filings may be filed as of April 1, 2013, NOT BEFORE. It is vital to file on the first day. Last year, FY13, the H-1B CAP was reached by June 12, 2012.

Question #2 – L1 Nonimmigrant Visa
How long does it take to get an L1?

Answer #2
Current processing times indicate a period of 1 month if the application is filed with the California Service Center or the Vermont Service Center.

Question #3 – Employment Based Immigration – Green Card
I would like to know more about moving my application from EB3 to EB2 status.

Answer #3
Please contact an experienced Immigration Attorney to learn more.

Question #4 – Employment Based Immigration – Green Card
My employer appealed my labor application to BALCA. My employer just received notice that my appeal has been docketed by BALCA. When can I expect a decision?

Answer #4
According to the United States Department of Labor website, it is taking up to two (2) years for a case to be reviewed by BALCA from the date of filing the appeal.

Question #5 – L1 Nonimmigrant Visa
Can spouses and children of L1 visa-holders work in the USA?

Answer #5
Spouses of L-1 workers may apply for work authorization by filing a Form I-765, Application for Employment Authorization. Children may attend school.

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
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 #7
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 #8 – 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 #8
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) requesting a change of status from F2 to H4. Her case can be processed separately or 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 #9 – 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 #9
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.

Question #10 – H-1B Nonimmigrant Visa
Can an employee pay any of the costs associated with obtaining an H-1B visa? Or can the employee reimburse the employer for these costs?

Answer #10
An Employer is responsible for the legal fees and USCIS filing fees associated with the H-1B nonimmigrant visa. The Employer is responsible for the legal fees and the $325.00 fee associated with Form I-129; the $500.00 one-time fraud fee; the $750.00 or $1500.00 fee associated with the Form I-129DC; as well as the $2000.00 Public Law fee, if applicable. The only USCIS filing fee that may be paid by the employee is the premium processing fee of $1225.00.

The Employee may not pay for the associated costs listed above, except for the premium processing fee of $1225. However, if an H4 petition is filed, the employee may pay the costs associated with the H4 legal fee and H4 USCIS filing fee.

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 15, 2013!

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

Starting Friday, Feb. 1, those who receive an immigrant visa package from a U.S. consulate or embassy abroad will be required to pay a new $165 immigrant fee.

We are aware of the effect that any new fee has on the communities we serve. However, the fee is necessary to cover the costs of producing and delivering permanent resident cards.

Important Points to Remember
• Starting on Feb. 1, 2013, applicants must pay both the Department of State (DOS) application fee and the USCIS Immigrant Fee.
• To simplify and centralize the collection of this new fee, we will require immigrants to pay online through the USCIS website.
• Applicants must submit their payment online after they receive their visa package from DOS and before they depart for the United States.

Children who enter the United States under the Orphan or Hague adoption programs, Iraqi and Afghan special immigrants, returning residents (SB-1s), and those issued K visas are the only immigrant visa cases exempt from paying the new fee.

Please see the following page on our website for more information: http://www.uscis.gov/immigrantfee

Source of Information: “The Beacon, the official blog of USCIS (Posted 1/28/13)”

MVP Law Group understands the need to collect reasonable fees, but we are worried about the effect even a small increase can have on our clients and their families. We feel they should be kept to a minimum!

Eight high ranking U.S. Senators, four Democrats and four Republicans have developed and agreed on a framework for Immigration Reform. This newly released outline is entitled, “Bipartisan Framework for Comprehensive Immigration Reform”. The first sentence of the framework is “We recognize that our immigration system is broken.” This sentence tells all about the need for comprehensive immigration reform in this country.

This framework is built on four main points which they call the “four basic legislative pillars” to achieve the goal of immigration reform. We have listed these “pillars” below. Each pillar is then taken individually and explained in more detail as part of the framework. We have also included links to the complete transcript of this document and to some Frequently Asked Questions (FAQs) from Senator John McCain’s web site.

We at MVP Law Group feel that this is a real start! Just having a bipartisan agreement between the Senators is a great achievement but to have a framework for immigration reform shows that there could be actual movement in this important area.

Four Basic Legislative Pillars:
1. Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;
2. Reform our legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families;
3. Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers; and,
4. Establish an improved process for admitting future workers to serve our nation's workforce needs, while simultaneously protecting all workers.

Transcript: Bipartisan Framework for Comprehensive Immigration Reform is available from ABC News/ Univision.

Frequently Asked Questions (FAQs) about the Bipartisan Framework from Senator John McCain’s web site.

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

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

Our next “Q & A Forum” will take place this Friday, February 1, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

As we posted on 1/17/13, “USCIS Begins Transition to Online Centralized Policy Manual”, the USCIS has started the transition to a centralized online policy manual. The first phase of the policy manual covers Citizenship and Naturalization. They have been offering webinars on the subject during the month of January. There is still one webinar left for this month, Wednesday, January 30 (1 – 2 p.m.). For complete information and how to sign-up please view the USCIS Outreach web page on the subject. If interested I would hurry; they have been filling up fast.

Related PDF files:

Meeting Invite

Presentation

These USCIS statistics on DACA cases from 8/15/12 to 1/17/13 show a total of 394,533 DACA requests accepted for processing, 371,103 biometric services appointments scheduled, and 154,404 requests approved. The data also show the number of accepted requests from the top countries of origin and states of residence.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (January, 2013)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Performance Data (Posted 1/18/13)”

Secretary of Homeland Security Janet Napolitano announced the posting of a final rule that reduces the time U.S. citizens are separated from their immediate relatives, who are in the process of obtaining visas to become lawful permanent residents of the United States under certain circumstances. The final rule establishes a process that allows certain individuals to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin. The process will be effective on March 4, 2013.

“This final rule facilitates the legal immigration process and reduces the amount of time that U.S. citizens are separated from their immediate relatives who are in the process of obtaining an immigrant visa,” said Secretary Napolitano.

For more information please read the Department of Homeland Security (DHS) Alert on the subject.

The MVP Law Group agrees with Secretary Janet Napolitano efforts to reduce the hardship to U.S. citizens and their families. By establishing this final ruling, she reduces the time that the families in these qualified cases are separated.

Today is a very special day for the United States of America. First, we as a nation are celebrating the life of Dr. Martin Luther King, Jr. and his goals of equality for all Americans by marking this day as a Federal Holiday. On this same day, we as a nation are witnessing the second Inauguration of President Barack Obama and the 57th Presidential Inauguration. Here, we celebrate the same goal of equality for all Americans by the peaceful passing of power from one American Citizen to another or in this case the re-election of that citizen.

“Fourscore and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.” - Abraham Lincoln

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H-1B Nonimmigrant Visa
My employer somehow lost my original I-797 H1 approval notice and I need it to renew my driver’s license and get visa stamping in the future when I travel. Can I get a new approval notice?

Answer #1
Your employer will need to submit Form I-824 to the USCIS along with the USCIS filing fee of $405.00 to request a duplicate approval notice.

Question #2 – Family Based Immigration
If my child is a U.S citizen can I obtain legal status in the U.S?

Answer #2
The U.S. citizen petitioner must be 21 years of age in order to petition on behalf of their parents.

Question #3 – General
I am a national of Singapore; I have a Master’s degree and am looking for work in the United States. I want to live in the U.S. Can you please help me?

Answer #3
Our office cannot assist with your employment search. Once you find a willing sponsor/employer, we can assist with explaining the various Immigration options and with preparing and filing the necessary paperwork with the USCIS.

Question #4 – Visa Waiver Program
What exactly is the Visa Waiver Program?

Answer #4
As provided on the U.S. Department of State website… The Visa Waiver Program (VWP) enables nationals of 37 participating countries to travel to the United States for tourism or business (visitor [B] visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Nationals of VWP countries must meet eligibility requirements to travel without a visa on VWP, and therefore, some travelers from VWP countries are not eligible to use the program. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) prior to travel, are screened at the port of entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT program.

Question #5 – Nonimmigrant Work Visa
What’s the difference between an E work visa and an L work visa?

Answer #5
The E-1 visa allows individuals to enter the U.S. temporarily to engage in substantial trade. There are strict requirements as to the nationality of individuals and the level of trade necessary to qualify for the visa. As an advantage to this category, individuals may apply directly at a U.S. Consulate. The E-1 Visa is issued to individuals known as 'treaty traders'. A treaty trader is defined as a national of a country with which the United States maintains a treaty of commerce and navigation. An applicant should be coming to the U.S. to carry on substantial trade, or to develop and direct the operations of a business in which they have invested or will soon invest a substantial amount of capital. An applicant must be a national of a treaty country and must be involved in international trade. An applicant’s spouse and/or children may accompany them under the same status. An applicant’s employees, or the employees of the treaty company, may also be eligible to receive E-1 visas.
The E-2 visa allows foreign entrepreneurs from treaty nations to enter the U.S. temporarily to carry out substantial investment and trade activities. To qualify for this visa, the applicant must be a key employee of their company and a national of a country that has an investor treaty with the U.S. The E-2 visa is available for individuals known as 'treaty investors'. A treaty investor is a national of a country with which the United States maintains a treaty of commerce and navigation. A treaty investor should be coming to the U.S. to involve themselves in a substantial investment. The investment may be less than that demanded for the EB-5 ($500,000). However, if the investment becomes equal or greater than $500,000, the treaty investor may petition for permanent immigration status. The treaty investor's spouse and/or children under the age of 21 may accompany him/her under E-2 status. The treaty investor's employees may also be eligible for the E-2 Visa.
The L-1 visa allows companies operating both in the U.S. and abroad to transfer certain types of employees from its overseas office to the U.S. office for up to seven years. This visa comes in the following categories: L-1A - for executives and managers; and L-1B - for personnel with specialized knowledge. Businesses that function both in the United States and in their home country gain the benefits of the best of both areas. The L-1 visa is open to international organizations with offices in the U.S. who transfer employees to the U.S. office for temporary periods of time. This visa is sometimes referred to as the 'intra-company transferee' visa. To obtain an L-1 visa, you must be able to prove that you have worked for the non-U.S. company for at least one full year within the last three years as an executive, manager or employee with specialized knowledge. The L-1 visa enables the transfer of managers, executives and specialized knowledge personnel to a U.S. office, subsidiary or affiliated company. Spouses and unmarried children under the age of 21 qualify for L1B status and they are not allowed to work, but may attend school or college.

Question #6 – H-1B Nonimmigrant Work Visa
If I am terminated from a job and I cannot find new work, what affect will that have on my H1B Status?

Answer #6
If you are terminated from your H-1B sponsored employment and cannot find new work with a possible new H-1B sponsor, your employer is responsible for paying the reasonable costs of transportation for you to return to your home country.

Question #7 – Family Based Immigration
Can my husband get deported if his visa has expired but we are married?

Answer #7
Your inquiry cannot be answered in this general forum. You need to consult with an experienced Immigration Attorney immediately to do a final assessment of his eligibility to remain in the US.

Question #8 – H-1B Nonimmigrant Work Visa
I came here to do internship right after graduating from my University in 2012 March. Now, i'm trying to get H-1 from this company but i'm not sure its possible to get H-1 with this company since our company is small and doing online business. In addition, I don't have any job history. Could you please advise me?

Answer #8
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. 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. It is our recommendation that you or your employer contact an experienced Immigration Attorney to discuss the possibility of obtaining an H-1B temporary nonimmigrant work visa on your behalf.

Question #9 – General
Can bankruptcy alter my immigration status?

Answer #9
It is well known that it is not a crime to file for bankruptcy; however, it could potentially affect your immigration status. We recommend that you speak with an experienced Immigration Attorney to discuss your options.

Question #10 – General
Will an expunged felony affect my Visa Process?

Answer #10
Although the conviction has been expunged by a federal, state or foreign court, it does not necessarily mean that the conviction has been expunged for immigration purposes. It is our recommendation that you contact an experienced Immigration Attorney to discuss your situation.

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 1, 2013!

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

On January 7th the U.S. Citizenship and Immigration Services (USCIS) introduced a new online USCIS Policy Manual. They released the first volume, Citizenship and Naturalization and plan on releasing many other volumes as development progresses. The policies included in this volume will take effect on 1/22/2013, but are available online now.

“With the introduction of the Policy Manual, we take a further step to provide our customers, stakeholders and workforce with an efficient and effective adjudication process that provides a high level of quality and consistency,” said USCIS Director Alejandro Mayorkas.

For more information please read the USCIS News Release on this subject. There is also a video available, the USCIS Policy Manual Video.

The United States Embassy is pleased to announce the expansion of its Business Facilitation Program (BFP) that allows access to expedited visa processing for employees of qualifying firms traveling to the U.S. on company business. The BFP will provide time-saving benefits for businesses whose employees need to travel to the U.S., and highlights the United States’ commitment to deepening trade and economic engagement with Mexico.

The BFP is open throughout Mexico and is available at all U.S. Consulates and the Embassy. The BFP requires interested firms to register with the U.S. Embassy’s or Consulates’ Consular Section.

For more information please read the Embassy of the United States / Mexico Press Release on the subject.

The MVP Law Group would like to applaud the United States Embassy for its use of technology and forward thinking policy to streamline visa processing for those eligible companies. The time-saving process will have benefits for both countries.

The U.S. Citizenship and Immigration Services (USCIS) National Customer Service Center (NCSC) has expanded hours for its toll-free telephone assistance (1-800-375-5283) to include Saturday hours. This expanded service started on Saturday, 1/12/2013. They will now be taking calls Monday-Friday, 8 a.m. to 8 p.m. and Saturday, 9 a.m. to 5 p.m. For more information please read the USCIS Alert on the subject.

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

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

Our next “Q & A Forum” will take place this Friday, January 18, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

The Department of State has released its latest Visa Bulletin.

Click here to view the February 2013 Visa Bulletin.

The February 2013 Visa Bulletin shows employment based second preference (EB-2) and employment based third preference (EB-3) as both being oversubscribed. EB-2 is current for all chargeability areas except those listed.

The employment based second preference cut-off date for China is 01/15/08 and 9/1/04 for 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.

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of January 1, 2013.

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 processing time for an I-129 H-1B Appeal is current; for an I-129 L1 Appeal is current. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 7 months; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 19 months.

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

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on January 4, 2013 with processing dates as of November 30, 2012.

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

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

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

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

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

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Green Card
Can you premium process the I-140 for an EB1A or EB1-B Applicant?

Answer #1
The premium processing service is available for the following applicants: Aliens of extraordinary ability; outstanding professors and researchers; Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver; Skilled Workers, Professionals, and Workers other than skilled workers and professionals.

Question #2 – General
Can my children go to a U.S. public elementary school on a dependent visa?

Answer #2
Yes.

Question #3 – Green Card
How can I, as an entrepreneur establish that I have exceptional ability in the sciences, arts, or business?

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

Question #4 – Employment Based Immigration
Does anyone with an advanced degree qualify for an EB-2 Immigrant Visa?

Answer #4
No. The education and experience requirements are determined by the Employer.

Question #5 – General
May an individual travel while their petition is pending?

Answer #5
It depends upon the type of petition that was filed.

At MVP, we caution our clients against traveling while a petition is pending unless it is necessary for emergency reasons.

Question #6 – Employment Based Immigration
Where can I find the laws governing the Employment Based Second Preference (EB-2) Immigrant Visa Category?

Answer #6
The statutory requirements may be found in the Immigration and Nationality Act (INA) at Section 203(b)(2). The regulatory requirements may be found in the Title 8 Code of Federal Regulations (8 CFR) at section 204.5(k).

Question #7 – Temporary Nonimmigrant Visa
How can I qualify for an O1 nonimmigrant visa? I want to come here, have an offer, but don’t know if I want to permanently stay in U.S.

Answer #7
To qualify for an O-1 in the Sciences, Education, Business or Athletics, a person must demonstrate either of the following:
1. Receipt of a major, internationally-recognized award (e.g. the Nobel Prize), or
2. At least three (3) of the following apply to him/her:
o Receipt of nationally or internationally recognized prizes or awards for excellence in his/her field.
o Membership in an association in the field which requires outstanding achievements of its members, as judged by national or international experts in the field.
o Published material in professional or major trade publications or major media about the person, concerning the person's work in the field.
o Participation on a panel, or individually, as a judge of the work of others in the field.
o Scientific, scholarly, or business-related contributions of major significance in the field.
o Authorship of scholarly articles in the field in professional journals or other major media.
o Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
o High salary or other remuneration commanded by the person for services

Question #8 –Adjustment of Status
I was able to file I-485 application back in 2007 in EB3. Now I am recipient of an approved I-140 in EB2 classification. Do I need to submit a new I-485 even though the EB-3 I-485 is pending with USCIS?

Answer #8
No. The USCIS should be able to link up your existing I-485 petition with the current filing. You can always contact the USCIS National Customer Service Center for additional information concerning your Adjustment of Status filing, 1-800-375-5283.

Question #9 – Green Card
Who can qualify for EB classification without the labor certification process?

Answer #9
The following applicants can qualify without the labor certification process: EB1 Priority workers - Individuals with extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors or researchers; and Managers and executives transferred to the U.S. EB4 Special Immigrants and EB5 Immigrant Investors.

Question #10 – Immigrant Investor
Are any countries excluded from eligibility for the EB-5 Visa program?

Answer #10
Citizens of all countries are eligible to apply for the EB-5 visa program.

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 18, 2013!

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

The United States Mission to the United Arab Emirates is transitioning to a new appointment service for anyone applying for a non-immigrant visa to the United States. Starting January 6, 2013, applicants will work, online or by phone, with a service provider to schedule an interview, pay the visa application fee, and arrange for the delivery of documents and passports. This new appointment service will also allow applicants to schedule a visa interview with more flexibility and up to six months in advance of travel plans.

Under the new process, applicants can go online and in a few minutes complete the visa application, pay the visa-application fee, schedule an appointment, and arrange to have their passport delivered at the end of the application process to an Empost office anywhere in the UAE. The entire process can be done 24 hours a day from the comfort of home using the online system. During daytime hours, applicants can also get assistance from a live operator call center with services in Arabic, English, and Farsi. The call center can also assist with scheduling an appointment, provided the applicant has already paid the visa application fee. After that, all the applicant must do is attend the scheduled interview at the Embassy or Consulate General.

As part of the transition from the current visa-application process, those seeking interviews in December will see that no appointments are available online after December 31. There will be a brief interim before the transition takes place during which it will not be possible to schedule a visa interview. The new appointment system will debut on January 6, 2013, after which appointments will be available at both the Embassy and Consulate General well into the first six months of 2013.

The United States Mission to the United Arab Emirates wants to ensure that applicants already in the scheduling process are not negatively impacted by the change. If applicants have not already made an appointment and do not have immediate travel plans, they may choose to wait for the new system to be available on January 6. However, if an applicant has already paid the visa-application fee and made an appointment, that appointment will be honored. Applicants should arrive at the Embassy or Consulate General as instructed in their appointment confirmation, bringing with them their DS-160 application confirmation page, passport, and National Bank of Abu Dhabi visa-application-fee payment receipt. Because the process for paying the fee will be very different under the new system, we recommend that applicants not pay the fee unless they are sure they will receive an appointment prior to December 31. Those who pay the fee and do not have an interview before December 31 may have to pay the fee again under the new system. Please note we are unable to refund the National Bank of Abu Dhabi visa-application-fees if unused.

For more information and a full list of Frequently Asked Questions, visit the website of the U.S. Embassy in Abu Dhabi at abudhabi.usembassy.gov or that of the U.S. Consulate General in Dubai at dubai.usconsulate.gov.

Source of Information: "Consulate General News 2012/Consulate General of the United States Dubai, UAE (12/04/2012)"

This blog entry was originally posted on 7/20/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – General
Is it necessary that I have someone sponsoring me when I apply for a visa?

Answer #1
It depends, as almost all types of visas require sponsorship whether employment based or family based.

Question #2 – Temporary Work Visa – H-1B
Next year I will be traveling to India, so while returning do I need to go for fresh Visa Stamping with new H-1B sponsors approval notice or I can come with the old Visa Stamp (with old employer) as my current visa is valid till Mar 2014? Kindly advise.

Answer #2
You can come back to the United States based upon the valid visa stamp in your passport; however, upon appearing before a CBP Officer, you will present the new I-129 approval from the new H1B sponsor.

Question #3 – Temporary Work Visa
Will a criminal conviction impair my ability to receive a temporary visa?

Answer #3
It depends upon the type of criminal conviction. Depending upon the seriousness of the criminal conviction, it is possible to be inadmissible and/or deportable for certain criminal convictions – crimes of moral turpitude, crimes involving domestic violence.

Question #4 – Green Card
My EB-3 priority date is October 25, 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 January 2013. Since my I-485 is not approved yet, I heard that it is possible to include her 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 #4
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 #5 – Temporary Work Visa – H-1B
My company is considering merging with another company, if we do merge, will we need to file amended petitions for each nonimmigrant worker to be in compliance? I will still remain President of the organization, and the workers will remain in their respective positions and nothing else will change except for the name of the company. Please advise.

Answer #5
Under the Visa Waiver Permanent Act of October 2000, a person is no longer required to file an H1B amendment after a merger, consolidation or other corporate restructuring in many cases if the new job is identical to the prior job before the merger, etc. We would recommend the applicant carry a letter explaining the merger for travel purposes.

Question #6 – Temporary Work Visa – H-1B
What types of questions are asked during the H1-B visa application interview process?

Answer #6
During the interview the Immigration Officer has the authority to ask questions regarding the applicant’s educational background, experience, the sponsoring employer, vendor/end client, if applicable, and any information contained in the submitted H-1B petition. Accordingly, you should be thoroughly familiar with this information.

Question #7 – Naturalization/CitizenshipWhat are the eligibility requirements to apply for naturalization?

Answer #7
The general requirements for administrative naturalization include: a period of continuous residence and physical presence in the United States (if LPR – period of 5 years; if LPR spouse of U.S. Citizen – period of 3 years); an ability to read, write and speak English; a knowledge and understanding of U.S. history and government; Good moral character; attachment to the principles of the U.S. Constitution; and favorable disposition toward the United States.

Question #8 – Temporary Work Visa – H-1B
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 #8
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 #9 – Temporary Work Visa – H-1B
If I plan to continue working for my employer in the United States, at what point should I apply for an extension?

Answer #9
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 #10 – General
Can you obtain permanent residence outside of the country in which you intend to be a resident?

Answer #10
Yes, this process is called Consular Processing. After the necessary forms are filed and approved by the USCIS, an individual will be scheduled for and attend a visa interview at a U.S. Consulate abroad where a Consular Officer will decide within their discretion if an applicant is eligible to receive the requested benefit.

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

MVP LAW GROUP –Immigration Q&A Forum – Originally posted 7/20/12

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

Learn from yesterday, live for today, hope for tomorrow. - Albert Einstein

Happy New Year, from our family to yours!

The MVP Law Group

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

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

Our next “Q & A Forum” will take place this Friday, January 4, 2013. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

This blog entry was originally posted on 6/22/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H-1B Nonimmigrant Visa
My son is on opt and it is expiring on august. Meanwhile his employer has filed H1B visa on April 9th all his colleagues have received acceptance. My son’s status is still in initial review. Should I panic that there will be a denial. How long should I wait?

Answer #1
The delay in obtaining a decision is most likely based upon whether your son’s H-1B was filed under regular processing or premium processing. It may be that his colleagues’ H-1B cases were filed with premium processing, which provides a decision within 15 calendar days of receipt of the filing. Currently regular processing is taking 3-4 months from the date of receipt.

Question #2 – Employment Based Immigration
When will employment based visas in 2nd preference for India be available again?

Answer #2
According to the Visa Bulletin, numbers will be available for China and India Employment Based Second Preference cases beginning October 1, 2012 under the FY2013 numerical limitations. Every effort will be made to return the China and India EB2 cut-off date to the May 1, 2010 date which had been reached in April 2012. It is impossible to accurately estimate how long that may take, but current indications are that it would definitely not occur before Spring 2013.

Question #3 – H-1B Nonimmigrant Visa
I need to file my H-1b as soon as possible, but I am scheduled to leave the country early next week. If I file and leave, will there be any complications? Please advise.

Answer #3
Pursuant to regulation 8 C.F.R. 214.2(h)(15)(i), a person must be in the U.S. when an extension is filed, but may travel abroad while an extension is pending. If the beneficiary is required to travel while the extension is pending, the approval can be sent via cable (or through the PIMS system) to the appropriate consular post upon the Petitioner’s request. We recommend that if you have a pending extension with the USCIS, you do not travel outside of the U.S. unless it is an emergency.

Question #4 – Employment Based Immigration
Can I obtain EAD and AP immediately upon filing my I-485 with the INS?

Answer #4
No, these ancillary benefits are not granted immediately upon submission of the I-485 petition. Current processing times indicate a processing period of 2-3 months before issuance of the EAD and AP benefits.

Question #5 – General
Under this new DREAMERS legislation, if a person has an illness and has been in the country seeking treatment for that illness, are they eligible to stay and get the work permit?

Answer #5
It seems that you have received incorrect information concerning the announcement made on Friday regarding deferred action for undocumented youth. The Department of Homeland Security (DHS) will grant deferred action for undocumented youth that meet strict eligibility requirements.

First things first, to be eligible for deferred action the applicant must:
• Have arrived in the U.S. when they were under the age of sixteen
• Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012
•Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces (*Note: Friday's email mistakenly identified those currently serving in the military as eligible, only those honorably discharged are eligible)
• Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety
• Have been under thirty-one years old on June 15, 2012
DREAMers should not apply affirmatively for deferred action at this time.

Question #6 – Employment Based Immigration
My AP expires today and since i just came back from the Phillipines, i don’t see any travel need for quite some time now hence i am not applying for extension of AP. Is that OK? Or do we need to always apply for a new one before the current one expires. I think we can always apply only on needs basis and do it at a later stage. Will that be fine?

Answer #6
You do not need to apply for the AP prior to the expiration of the current AP. You can always apply at a later date.

Question #7 –H-1B Nonimmigrant Visa
My date of birth and country of citizenship was incorrectly listed on the I-797 received by USCIS. My I-129 form had it correct. So my I-797 is not right, what do I need to do now?

Answer #7
Contact the USCIS National Customer Service number (1-800-375-5283) and speak with an Agent to request that the mistakes be corrected, so that your I-129 Approval notice (Form I-797) will provide the correct date of birth and country of citizenship.

Question #8 – Employment Based Immigration
I have an approved I-140 filed by my previous company and they also submitted my I-485 back in 2007 when priority dates were current. I have since moved onto employment with another company on my EAD. Can I file AC21 Portability letter?

Answer #8
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 #9 – H-1B Nonimmigrant Work Visa
Are there any H1Bs left under either CAP?

Answer #9
As of June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013. As of June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will continue to reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.

Question #10 –H-1B Nonimmigrant Visa
Used first three years of H-1B, filed extension. Will I have to stop working while I wait for my H-1B extension approval? I think I waited too long to apply for the extension. My current H-1B expires at end of July. What is going to happen if I do not receive the approval prior to expiration of my current H-1B?

Answer #10
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.

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

MVP LAW GROUP –Immigration Q&A Forum – Originally posted 6/22/12

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

This blog entry was originally posted on 5/25/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Employment Based Green Card
Does an approved labor certification allow me the legal right to work within the U.S.?

Answer #1
No. An approved labor certification only allows your employer to file an EB-2 or EB-3 category immigration petition on your behalf.

Question #2 – Permanent Residence
Can I work in India while holding US green card and not jeopardize my naturalization process in US?

Answer #2
There are various eligibility requirements to qualify for Naturalization - Be 18 or older; Be a green card holder for at least 5 years immediately preceding the date of filing the Form N-400, Application for Naturalization; Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application; Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application; Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application; Reside continuously within the United States from the date of application for naturalization up to the time of naturalization; Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (civics); Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law.

Additionally, if you remain outside of the U.S. for a period of one year or longer, Customs and Border Patrol (CBP) does have the authority to question you and may take your Green Card, as they consider trips of 1 year or longer without a re-entry permit, abandonment of Lawful Permanent Residence in the United States.

Question #3 – Employment Based Green Card
What is the difference between a labor certification and a work permit?

Answer #3
A work permit or Employment Authorization Document (EAD) is a document that the USCIS issues to aliens stating that they are eligible to work on a temporary basis within the U.S. In contrast, a labor certification DOES NOT give the alien authorization to work within the U.S. Rather, it deals with future employment. Instead, a labor certification is the first step that allows the employer to file an immigration petition on the alien’s behalf.

Question #4 – H-1B Nonimmigrant Work Visa
Any H1Bs left?

Answer #4
As of May 18, 2012, there were approximately 42,000 H-1B Regular CAP subject nonimmigrant visas filed and 16,000 H-1B Masters Exemption nonimmigrant visas filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Question #5 – Employment Based Green Card
Does an approved PERM labor certification provide me legal status within the U. S.?

Answer #5
No. It will, however, often provide the foundation for a later filing that can afford you legal status in the U.S. as a lawful permanent resident (green card holder).

Question #6 – General
How can I check the status of my application with Immigration Services?

Answer #6
There are two ways in which to check the status of your application with the USCIS. You may contact the USCIS National Customer Service Center at 1-800-375-5283 and speak with a Customer Service Representative. Or, you may go to www.uscis.gov and enter your receipt number into the case status box on the left hand side of the website.

Question #7 – Family Based Green Card
If my child is a U.S citizen can I obtain legal status in the U.S?

Answer #7
You cannot obtain legal status in the U.S. from your child until your child reaches the age of 21.

Question #8 – Employment Based Green Card
I have a part-time job and my employer agrees to file a PERM labor certification application on my behalf. Does a part-time position qualify for PERM labor certification?

Answer #8
No. The job offer must be for a permanent and full-time position. Part-time positions do not qualify. Please note, however, that the permanent and full-time requirements are for the future position when permanent residency is granted. You are not required to work full time at the time the labor certification petition is filed.

Question #9 – Employment Based Green Card
How much is the DOL filing fee for a PERM labor certification application?

Answer #9
No DOL filing fee is required for a PERM labor certification application.

Question #10 – General
Do I have to notify Immigration if I change my address?

Answer #10
Most non-U.S. citizens must report a change of address with the USCIS within 10 days of moving within the United States or its territories. Exceptions include: Diplomats (visa status A), Official government representatives to an international organization (visa status G), and Certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days. You may report a change of address by filing Form AR-11 either electronically or by mail with the USCIS.

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

MVP LAW GROUP –Immigration Q&A Forum – Originally posted 5/25/12

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

This blog entry was originally posted on 4/13/12. We here at the MVP Law Group would like to wish every one of our blog readers, Happy Holidays!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H-1B Nonimmigrant Work Visa
I am an international student with F1- status and Associate degree that I obtained here in US. Am I qualified to change my status to h1B VISA?

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

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

Answer #2
Faster. According to the USCIS, H-1B petitions being filed subject to the CAP have doubled since this time last year. As of April 9, 2012, there were approximately 17,400 H-1B Regular CAP subject nonimmigrant visas filed and 8,200 H-1B Masters Exemption nonimmigrant visas filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.

Question #3 – Family Based Immigration
Who is responsible for scheduling the Interview, my fiancé or the Consulate itself?

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

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

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

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

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

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

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

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

Answer #7
In order for an individual to obtain an immigrant visa, a visa number must be available to you. This is referred to as the priority date being "current." The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin. This Bulletin is accessible at www.travel.state.gov. If there is a backlog in the preference category in which you were filed in, this means, that you must wait until a visa becomes available, until your priority date becomes current. When your priority date becomes current, you may file the I-485 application, but until then, you must wait. If your priority date was after May 2, 2010, then you will have to wait.

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

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

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

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

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

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

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

MVP LAW GROUP –Immigration Q&A Forum – Originally posted 4/13/12

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

The best and most beautiful things in the world cannot be seen or even touched. They must be felt with the heart. Wishing you happiness! - Helen Keller

Happy Holidays, from our family to yours!

The MVP Law Group

U.S. Department of State announced on December 13, 2012, an agreement with Canada for limited Visa and Immigration Information sharing. The Information sharing agreement will be for third country nationals applying for a visa or claiming asylum. Neither country will share any data about their own citizens.

This sharing agreement will increase the amount of information used by immigration and refugee protection officers and will help them to make better informed decisions. Under this agreement biographic immigration information sharing will start in 2013 and biometric sharing will start in 2014.

Source of Information: "U.S. Dept. of State PRESS Release, Washington, DC (12/14/2012)"

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Naturalization
I have been a Lawful Permanent Resident for the past 3 years, 7 months. I received my Green Card through marriage to a U.S. Citizen. Conditional status has been lifted. When can I apply for Naturalization?

Answer #1
You may apply now for Naturalization. If you received your Green Card based upon marriage to a U.S. Citizen, you are eligible for Naturalization after 3 years if certain conditions are satisfied. If you received your Green Card based upon employment, an applicant is eligible for Naturalization after 5 years.

Question #2 – H-1B Nonimmigrant Visa
Can we file our H-1B CAP cases with the USCIS now in order to ensure we get selected for the CAP?

Answer #2
No, everyone must wait before submitting their H-1B CAP case to the USCIS for consideration. The USCIS will return any H-1B CAP cases that are filed prior to April 1, 2013. Beginning on April 1, 2013, the USCIS will begin to accept H-1B CAP cases.

Question #3 – Adjustment of Status (EAD/AP renewals)
I am receiving conflicting information, please advise. If I filed my I-485 petition after 2007, must I pay the USCIS filing fees of $380.00 and $360.00 each time I request renewal of my EAD and AP?

Answer #3
Taken directly from the USCIS website: Please note that, 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 on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file.

Question #4 – Naturalization
As part of my divorce order, I must pay child support and alimony to my wife. I have constantly been paying for past 3 years and nothing is overdue, how do I provide proof of my payments at my Naturalization interview?

Answer #4
As listed in the Documents Checklist for Form N-400, Evidence of your financial support (including evidence that you have complied with any court or government order), can be shown through: a. Cancelled checks; b. Money and receipts; c. A court or agency printout of child support payments; d. Evidence of wage garnishments; e. A letter from the parent or guardian who cares for your child(ren). If you decide to present a letter, we recommend that you present a notarized letter.

Question #5 – Religious Workers
My current R1 temporary visa is expiring in May of 2013. I am ready to apply for I-360 petition approval. Can I file I-360 petition with I-485 application so that I can remain in the U.S. once my temporary visa expires in 2013?

Answer #5
No - Religious Workers may not file Form I-360 with Form I-485 per the recent decision by the Ninth Circuit Court of Appeals, which overturned the permanent injunction issued by the District Court in Ruiz-Diaz v. United States, No. 09-35734.

Question #6 – Naturalization
Can you guide me in the right direction where I can find tools to study for Naturalization test?

Answer #6
Please see the below resources to help you prepare for the Naturalization test:

Naturalization Self-Test

Study Materials

Question #7 – H-1B Nonimmigrant Visa
I received an approval for an H-1B back in 2009 but never used it. I am outside of the U.S. Can I now apply to work for another employer in the U.S. who is willing to sponsor me or must I now wait for the CAP to open?

Answer #7
If you have received an approval for an H-1B in the past six years and have time remaining in H-1B status, then yes, you may be eligible to file an H-1B with the new sponsoring employer.

Question #8 – H-1B Nonimmigrant Visa
I recently got a new project in Northern Virginia. I will be working at a client in Northern Virginia and living in Maryland. I have North Carolina labor filed on my H1B petition. Do I need to file a new labor for Northern Virginia? If so can you guide me and my employer in filing a new labor in a new state?

Answer #8
According to the regulations governing the H-1B program, when you move to a new location outside of the geographical location listed on the original certified LCA, a new LCA as well as an amended petition must be filed with the USCIS. In summary, since your location change would be considered a "material change" in your previously approved employment, you would need to file a new LCA as well as the amended petition to stay within the regulations.

Question #9 –Naturalization
Our Immigration Officer told everyone during my Naturalization ceremony that any child under the age 18 who lives with their parent who are US Citizens, are eligible for US Citizenship. Is this true?

Answer #9
Please refer to the following link: Citizenship Through Parents

Question #10 –E3 Australian Visa
As an Australian, I am eligible for an E-3 visa, but my potential sponsoring employer has suggested I am eligible and should look into an H1-B visa too. What is the difference, and which is preferable?

Answer #10
The H-1B non-immigrant worker visa is subject to numerical limitations imposed by Congress. Each fiscal year, beginning on April 1, 65,000 visas are available for those who qualify for ‘Specialty Occupations.’ Specialty Occupations are defined as those that require a theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. 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 E-3 visa is exclusively reserved for Australian nationals. The visa allows Australian Professionals to come to the U.S. to work in a specialty occupation, similar in many aspects to the H-1B nonimmigrant worker visa. The new E-3 visa classification is limited to 10,500 Australian nationals annually. E-3 principal nonimmigrant aliens must be coming to the United States solely to perform services in a “specialty occupation”. This term is used and defined in the Immigration and Nationality Act in the same context as the H1B visa program, and will be interpreted in accordance with the criteria used for H1Bs. The category has requirements with respect to the education of the beneficiary and the job duties to be performed which mirror the H1B requirements. It thus will be helpful in some situations where the H1B CAP has been exhausted. To be eligible, the Australian citizen must possess a bachelor's degree or higher (or its equivalent) AND the specialty occupation must require the theoretical and practical application of a body of specialized knowledge.

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 4, 2013!

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

These USCIS statistics on DACA cases from 8/15/12 to 12/13/12 show a total of 355,889 DACA requests accepted for processing, 336,464 biometric services appointments scheduled, 157,151 requests under review, and 102,965 requests approved. The data also show the number of accepted requests from the top countries of origin and states of residence.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (December, 2012)”

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

Source of Information: “USCIS Bulletin (Posted 12/14/12)”

New fee allows USCIS to recover the costs of processing immigrant visas after individuals receive their visa packages from the Department of State abroad

WASHINGTON—On Feb. 1, 2013,U.S. Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from foreign nationals seeking permanent residence in the United States. This new fee was established in USCIS’s final rule adjusting fees for immigration applications and petitions announced on Sept. 24, 2010.

USCIS has worked closely with the Department of State (DOS) to implement the new fee which allows USCIS to recover the costs of processing immigrant visas in the United States after immigrant visa holders receive their visa packages from DOS. This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card. The implementation of this new fee is further detailed in a Federal Register notice scheduled for publication tomorrow.

In order to simplify and centralize the payment process, applicants will pay online through the USCIS website after they receive their visa package from DOS and before they depart for the United States. DOS will provide applicants with specific information on how to submit payment when they attend their consular interview. The new fee is in addition to fees charged by DOS associated with an individual’s immigrant visa application.

USCIS processes approximately 36,000 immigrant visa packages each month. Prospective adoptive parents whose child will enter the United States under the Orphan or Hague processes are exempt from the new fee.

For more information visit our USCIS Immigrant Fee webpage.

For general information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Source of Information: "USCIS NEWS, Washington, D.C. (12/13/2012)"

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

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

Our next “Q & A Forum” will take place this Friday, December 21, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

A past applications-adjudicator for the former U.S. Immigration and Naturalization Service (INS) has been indicted by a Bay Area grand jury on nine criminal counts stemming from his alleged role in a marriage fraud scheme.

Andrew Chojecki, 61, a naturalized U.S. citizen who most recently resided in Poland, is charged in an indictment handed down Dec. 6 with conspiracy to commit marriage and visa fraud, marriage fraud, and alien harboring. The charges are the result of a two-year probe by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and its partner agencies on the San Francisco Document and Benefit Fraud Task Force, including U.S. Citizenship and Immigration Service's Fraud Detection and National Security Unit.

Six additional defendants are accused of conspiring with Chojecki to commit the fraud. They are; Beata Szkop, Malgorzata Zuk, Aaron Goldsmith, Pawel Karolak, Vito Scherma and Hector Vargas. The latter four defendants are also charged with alien harboring.

According to the indictment, unsealed Monday, Chojecki allegedly facilitated fraudulent marriages in exchange for cash payments from at least April 2010 through November of this year. The indictment claims Chojecki introduced aliens and U.S. citizens to each other for the purpose of entering into sham marriages to evade U.S. immigration laws. The indictment further alleges Chojecki provided the aliens with fraudulent immigration forms he prepared, sample questions he anticipated they might be asked by immigration officials, and guidance on steps aliens should take to make the marriages appear legitimate. In exchange for these services, Chojecki allegedly required the aliens to pay an initial lump sum at the time of the wedding, which he split with the U.S. citizen spouses, with additional sums payable to the spouses when the aliens received their green cards.

Chojecki was arrested in Los Angeles Nov. 23 when he arrived on a flight from Poland. The following week a magistrate judge in Los Angeles ordered Chojecki released on a $170,000 unsecured bond, with the condition of electronic monitoring. Prosecutors have appealed that release order to the district court in San Francisco on the grounds that Chojecki is a flight risk. Defendants Szkop, Karolak, Vargas and Zuk were arrested Monday and made their initial appearance in federal court. Defendants Goldsmith and Scherma remain at large.

Each count of conspiracy to commit marriage and visa fraud, and marriage fraud carries a maximum penalty of five years in prison. The maximum statutory penalty for each count of alien harboring is 10 years in prison. The government is also seeking forfeiture of assets arising out of the conspiracy and alien harboring counts.

Source of Information: "ICE NEWS Release, San Francisco, CA (12/10/2012)"

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

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 8 months; for an I-129 L1 Appeal - current. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is now current; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 21 months.

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

Following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), a Pennsylvania woman pleaded guilty Thursday to conspiracy to commit mail fraud.

Eleni Nguyen, 29, of Phoenixville, Pa., pleaded guilty in federal court to the charge in connection with filing false documents with the Pennsylvania Unemployment Compensation program. Nguyen is the third person charged in a scheme involving a temporary employment agency hiring illegal alien employees. Nguyen is the owner of the employment agency.

Andri Gunawan, a representative for the company, previously entered guilty pleas to various crimes, including conspiracy to transport illegal aliens, harboring illegal aliens and mail fraud. Both Gunawan and Nguyen are awaiting sentencing.

As part of the scheme, members of the employment agency contracted with various third party businesses to provide temporary employees. The conspirators would fulfill these contracts by hiring illegal aliens and paying them in cash "under the table," failing to pay various federal, state and local taxes, fees or compensation insurance. Using this scheme, the temporary employment agency was able to maximize its profits.

At sentencing, Nguyen faces a maximum of five years in prison and a fine of $250,000.
The U.S. Department of Labor, Office of Inspector General, Labor Racketeering and Fraud Investigations, the Pennsylvania State Police and U.S. Department of Health and Human Services assisted in the investigation.

Source of Information: "ICE NEWS Release, Scranton, PA (12/6/2012)"

Many people seem to be wondering whether they should work based on their employment authorization documents (EADs). This dilemma is likely tied to the large number of individuals who were able to file adjustment of status applications (I-485s) in late 2011 or early 2012. For these individuals, the option of employment using an EAD is a recent development.

Background: Cutoff Date Retrogression and Fluctuation

There was rapid advancement of the EB2 India and China cutoff dates from December 2011 through April 2012. Thereafter, for most such applicants, visa numbers have been unavailable due to a phenomenon known as retrogression. As of this writing, the cutoff date for EB2 India has retrogressed - or moved backwards - to a cutoff date of September 1, 2004, valid during the months of October, November, and December 2012. EB2 China has less extreme retrogression, with a cutoff date of October 22, 2007 during the month of December 2012.

The end result is many I-485 applicants who expect to have to wait for a long time before their cases become eligible for approval, since approval is contingent upon the availability of visa numbers. This same group of I-485 applicants is eligible for the issuance of EADs, based on pending I-485 cases. Most applicants routinely request EADs with I-485 filings. Many have their EADs in hand, therefore, and are wondering about the possibility of using those privileges, rather than extending H1B or L-1 or other nonimmigrant status.

Pros and Cons of Using the EAD for Employment

The EAD provides unrestricted employment authorization. It is a valuable privilege, and foreign workers with EADs often find that their employment options expand once they have the document. The questions generally asked are whether the H1B should be extended if a person has an EAD or whether a person should accept a job using an EAD. Our answer to this is that, if a person allows the H1B or other nonimmigrant status to lapse they are relying solely on the I-485 as their basis for being in the United States.

With the I-485 pending, the foreign national is considered to be in a period of authorized stay in the United States. S/he is eligible to extend the EAD as long as the I-485 remains pending. Travel is also possible, if the applicant also has advance parole (AP). Many people have joint EAD/AP cards, but they require two separate applications and, depending upon timing, some are issued as two separate documents.

Using the EAD and relying upon the I-485, means that there is no underlying nonimmigrant status. Thus, if the I-485 is denied for some reason, the person will be out of status. The options at that point depend upon the reason for the I-485 denial and other factors, including whether there are any options through a spouse. This is a very different situation from an I-485 denial for a person who still has an H1B or other nonimmigrant status. In that situation, after the I-485 denial, the foreign national would still have the nonimmigrant status to fall back on and would usually have more options available to them.

Considerations in Using the EAD

Put simply, generally, it is safer to maintain a nonimmigrant status rather than relying solely on the I-485 and EAD. However, there are valid reasons that many decide to take the calculated risk. For some, there is no choice, as the employer will not extend the H1B status after the person has the EAD. Still others may have faced layoffs and other job issues, and have had to move to a new employer using the EAD.

For many, it is a choice and a balancing of risks. Once the I-485 has been pending for 180 days, applicants often start to consider job changes under the American Competitiveness in the 21st Century Act (AC21). All employers in the United States must accept EAD holders; employers are not required to sponsor H1Bs or other nonimmigrant categories. So, the universe of potential employers increases once one has an EAD. This often leads to choosing between working on the EAD on one side and passing up possible career-advancing opportunities to keep non-immigrant status on the other. For that reason, many people ultimately decide to work on the EAD at some point in their cases.

When weighing the choices, it is a good idea to try to assess whether there are any enhanced risk factors in the applicant's I-485 case. While all cases have potential weaknesses, some cases are more likely to run into problems than others. The attorneys at the MVP Law Group can help to assess case strengths and weaknesses, based on our many years of experience in providing I-485 representation, as well as our knowledge of current trends. Those considering the issues surrounding the use of the EAD discussed in this article may wish to schedule a consultation with one of our knowledgeable attorneys.

~Article contributed by Stacey Bell, Senior Paralegal.

For more related information and other articles on Business Immigration please review the MVP Law Group Blog.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – General
What steps do my employer and I need to follow in order to switch from H1B to EAD when my H1B expires. My employer and I have decided not to renew my H1 B.

Answer #1
You and your employer will need to complete a new I-9 form and you will need to present the proper document evidencing your eligibility for employment.

Question #2 – H-1B Nonimmigrant Visa
Is there an annual limited on the number of H1B visas?

Answer #2
Congress allocates 65,000 general CAP H-1B visas each year as of April 1, with employment beginning October 1 of that same year. An additional 20,000 H-1B visas are available for those graduating from U.S. Universities with Master’s degrees. Once the annual limits are reached, an eligible applicant must wait until the following April to apply, unless they have found an offer of employment with an H-1B exempt employer.

Question #3 – General
Would like to ask if your office can a find me an employer! I am an RN license in California. I have a specialty Hemodialysis. I have more than 5 years’ experience as a Dialysis Nurse.

Answer #3
Our office cannot assist with your employment search. Once you find a willing sponsor/employer, we can assist with explaining the various Immigration options and with preparing and filing the necessary paperwork with the USCIS.

Question #4 – H-1B Nonimmigrant Visa
When is the best time to submit the H-1B application to the USCIS?

Answer #4
The best time to submit the H-1B application to the USCIS is on the first day the Annual Cap opens, April 1. Accordingly, H-1B CAP subject petitions should be prepared prior to the April 1 date, and filed to reach the USCIS on April 1.

Question #5 – H-1B Nonimmigrant Visa
I am working on OPT. If H-1 B processing time goes beyond validity of OPT, what will happen?

Answer #5
If your H-1B visa petition was filed in a timely manner and the first date of work clearly mentioned October 1, 2012, there should be no issues, as you should be considered under the H-1B CAP GAP.

Question #6 – H-1B Nonimmigrant Visa
What status would my spouse and children have when I am granted H-1B Status?

Answer #6
When you are granted H-1B status, your spouse and children may live with you in the United States as your dependents on H4 status. Individuals on H4 status are not allowed to work, but children may attend school.

Question #7 –H-1B Nonimmigrant Visa
My husband’s I-129 has already been reaffirmed by USCIS almost 2 months already. Until now we are still waiting for the US Embassy to call us. Is there any hope that the embassy will eventually call us and asked us to send our appt. for H1B stamping? What are the possible reasons for the delay? It has already 10 months of waiting since our first interview.

Answer #7
Once the USCIS reaffirms the approval, the applicant may apply again for an H1 stamping interview.

Question #8 – H-1B Nonimmigrant Visa
Hi, my H1B case file filed on June 2nd 2012. I haven't received the Approval. What is the cut off time to get approval from USCIS?

Answer #8
The current processing times for an H-1B filed under regular processing is 2-4 months depending upon the Service Center where the case was filed. You should request that your Employer or the Attorney who filed the case contact the USCIS to initiate a Service Request.

Question #9 – Temporary Nonimmigrant Visas
Is H-1B status the only way that I can qualify to work in the U.S.?

Answer #9
No, the H-1B nonimmigrant work visa is not the only way for an applicant to qualify to work in the U.S. Please refer to our website at http://www.mvplawgroup.com/Immigration_Lawyers/Temporary_Visa to learn about additional options that may be available for you.

Question #10 – H-1B Nonimmigrant 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 #10
Were you denied a visa at a U.S. Consulate? If this is the situation, the USCIS has to review the petition from the DOS to determine whether or not to uphold the approval or revoke the original approval based on the reasoning provided by the DOS. Unfortunately, if this is the case, you are at the mercy of the USCIS until they make a final decision on your case.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, December 21, 2012!

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

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on December 5, 2012 with processing dates as of October 30, 2012.

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

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

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

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

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

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas marked a significant milestone for the USCIS Entrepreneurs in Residence (EIR) initiative by launching an online resource center today at the Martin Trust Center for MIT Entrepreneurship in Cambridge, Mass. The resource center, Entrepreneur Pathways, provides entrepreneurs who seek to start a business in the United States an intuitive way to navigate the immigration process.

"Through our innovative Entrepreneurs in Residence initiative, we are working to realize our current immigration system’s full potential to attract and retain startup enterprises that promote innovation and spur job creation in America," said Director Alejandro Mayorkas. "The first phase has already led to unique improvements in our programs and enabled us to better serve immigrant entrepreneurs."

Launched earlier this year at an Information Summit in Silicon Valley, the EIR initiative draws on industry expertise to strengthen USCIS policies and practices critical to American economic growth. The team comprised startup business experts and USCIS immigration experts working collaboratively over a short period of time to streamline pathways for a range of existing nonimmigrant visa categories often used by entrepreneurs.

"This initiative is so innovative and progressive. It’s all about finding pragmatic solutions," said EIR team member and Vice President of Strategic and Community Development and Chief Ecosystem Builder at SoftLayer Technologies Paul Ford. "USCIS’s officers and leadership clearly want to deliver quality services to people who want to invest, work and live in the United States. They have embraced our input and did something with it."

In addition to creating Entrepreneur Pathways, the EIR team:

• Developed and deployed a training workshop for USCIS employment-based immigration officers that focuses on startup businesses and the environment for early-stage innovations;
• Trained a team of specialized immigration officers to handle entrepreneur and startup cases;
• Modified Request for Evidence templates for certain nonimmigrant visa categories to incorporate new types of relevant evidence into the adjudicative process; and
• Developed a plan for quarterly engagements with the entrepreneurial community to ensure that USCIS stays current with industry practices.

To sustain the momentum and build on the team’s accomplishments, USCIS extended the EIR project through April 2013. Among other things, the team will expand its focus to immigrant visa pathways that may enable foreign entrepreneurs to start a business in the United States within current immigration law.

For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

Source of Information: "USCIS NEWS Alert (11/28/2012)"

On November 27, 2012, Senators Kyl (R-AZ), Hutchison (R-TX), and McCain (R-AZ) introduced the ACHIEVE Act. The ACHIEVE Act will allow individuals who meet the established criteria to obtain a series of conditional nonimmigrant visas designated as W-1, W-2, W-3.

Key differences from the DREAM Act:

- ACHIEVE Act does not provide a green card to the beneficiaries but creates instead a “permanent nonimmigrant status”

- ACHIEVE Act restricts eligibility to a more narrow class of individuals than DREAM

Some of the eligibility requirements for the initial W-1 visa:

- Initially entered the United States under the age of 14

- Under the age of 29 years on the date of enactment (32 years for those who earned a bachelor’s degree/associate’s degree prior to enactment of the Act)

- Continuous physical residence in the United States during the 5-year period preceding enactment

- Good moral character since the date of initial entry

-Has not been convicted of a felony, crime of moral turpitude, or a misdemeanor under Federal or State law punishable by imprisonment of more than 30 days. (Exception exists for traffic violation that does not include alcohol or controlled substances)

-Does not have a final order of removal (with some exceptions)

- Earned a high school diploma from a high school in the U.S. or a GED; AND
> Is enlisted/intending to enlist in the military;
> Is admitted as a student to an institute of higher education;
> Has earned a bachelor’s degree or an associate’s degree; or
> Has served for a period of at least 4 years in one of the branches of the Armed Forces and was not dishonorably discharged

Source of Information: “AILA InfoNet Doc. No. 12112746. (Posted 11/27/12)”

For more related information and other articles on the “ACHIEVE Act”, please review the following news stories.

Details surface on Rubio-GOP version of Dream Act

Achieve Act Introduced By Kay Bailey Hutchison, Jon Kyl

Hutchison, Kyl propose plan similar to DREAM Act — but without citizenship

Congressional Hispanic Caucus Rejects ACHIEVE Act

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

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

Our next “Q & A Forum” will take place this Friday, December 7, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) who currently have Temporary Protected Status (TPS) must re-register for TPS by November 30, 2012. Failure to re-register by this deadline may result in the loss of your TPS status. If you re-register after November 30 2012, you must provide good reason you could not re-register on time such as hardship due to Hurricane Sandy.

Details and procedures for re-registering for TPS are provided on the USCIS website and in the Federal Register notice announcing the extension of TPS for Haiti.

TPS was originally designated for Haiti in January 2010 in response to a catastrophic earthquake that devastated that country. TPS was re-designated in May 2011 (effective July 2011). The current 18-month extension of TPS for Haiti will remain in effect through July 22, 2014.

Also, if you have applied for and are awaiting a new Haiti TPS-related Employment Authorization Document (EAD), your current EAD, set to expire on January 22, 2013, has been automatically extended for 6 months. The 6-month auto-extension of EADs runs through July 22, 2013, as described in the Federal Register published on October 1, 2012 (77 FR 59943). These auto-extended EADs have “A12” or “C19” listed under “category” on the front of the card and an expiration date of January 22, 2012.

When providing proof of employment eligibility remember to provide both your EAD with the January 22, 2012 expiration date and a copy of the October 1, 2012 Federal Register notice to your employer. For further guidance for employers and employees, please refer to the USCIS Web page, Documentation Employers May Accept and Temporary Protected Status Beneficiaries May Present as Evidence of Employment Eligibility.

For more information on TPS, visit www.uscis.gov/tps. For additional information, applicants may also contact USCIS at 1-800-375-5283.

Source of Information: "USCIS NEWS Alert (11/26/2012)"

These USCIS statistics on DACA cases from 8/15/12 to 11/15/12 show a total of 298,834 DACA requests accepted for processing, 273,203 biometric services appointments scheduled, 124,572 requests under review, and 53,273 requests approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (November, 2012)”

Source of Information: “AILA InfoNet Doc. No. 12111648. (Posted 11/16/12)”

Baltimore – U.S. Customs and Border Protection (CBP) launched the Global Entry program at Baltimore Washington International Thurgood Marshall Airport (BWI) Wednesday allowing trusted travelers to speed their processing upon international arrival.

Global Entry is a voluntary expedited clearance program that allows pre-approved, low-risk international travelers the ability to bypass the traditional CBP inspection process and use automated kiosks upon arrival into the U.S.

CBP opened two such automated Global Entry kiosks at BWI.

“Global Entry has proven to be an extraordinarily successful program that has been welcomed by international travelers and applauded by the travel industry. We’re very excited to offer Global Entry at BWI,” said Ricardo Scheller, CBP Port Director for the Port of Baltimore.

International passenger traffic has been increasing the past several years at BWI. During fiscal year 2011, CBP at BWI processed the arrivals of more than 260,000 international passengers aboard commercial and private airplanes. That was a 7 percent increase over fiscal year 2010. Arrivals during the first half of this year are 10.59 percent ahead of same period from last year.

Global Entry, popular with the international travel community, continues to grow in membership. More than 467,000 members have enrolled directly into Global Entry. Another 788,000 travelers enjoy the expedited processing benefits of Global Entry through other CBP trusted traveler programs, such as NEXUS and SENTRI.

These travelers have processed their international arrivals on Global Entry kiosks more than 3,355,000 times.

Announced as a pilot program in 2008, Global Entry is now a permanent program. It operates at 31 U.S. airports and 10 preclearance locations that serve 97 percent of international travelers arriving in the United States.

“Global Entry benefits both Customs and Border Protection and the trusted traveler community in that it allows us to better focus our resources and efforts on travelers and goods that we know less about, while expediting trusted travelers through the arrivals experience,” said Scheller.

There are additional advantages and incentives for membership in Global Entry. Members are eligible to participate in other CBP trusted traveler programs, as well as the Transportation Security Administration’s Pre-Check passenger expedited screening program.

Interested travelers can learn more about Global Entry membership at globalentry.gov and apply online using the CBP Global Online Enrollment System. ( Global Entry ) ( GOES )

Applicants must possess a machine-readable U.S. passport or permanent resident card, pay a non-refundable $100 application fee which is good for a five year period, pass a law enforcement check, and complete an interview at a CBP enrollment center.

For more information on CBP’s trusted traveler programs, visit the Trusted Traveler website. ( Trusted Traveler )

Source of Information "CBP.gov Local News Release (11/20/12)"

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H-1B Nonimmigrant Work Visa
I am back in my home country, not US. If I did not use all of my six years on my previous H-1B visa, can I use the remaining years now?

Answer #1
Yes, if you have time remaining on your H-1B nonimmigrant visa status and have applied for the visa within the past six years, you are not subject to the H-1B numerical cap and are able to apply to use those remaining years now if you have an employer willing to sponsor you for your employment in the Specialty Occupation.

Question #2 – Employment Based Immigration
Where do I mail Form I-140 petition withdrawal requests and AC21 106(c) portability requests?

Answer #2
Please refer to the USCIS website at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD for the applicable address.

Question #3 – DACA
If I am now in High School but have two more years before I graduate, does this mean that since I have not yet graduated from High School or earned a GED that I won’t be able to take advantage of this opportunity?

Answer #3
According to the guidance released by the USCIS, you must be either: currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or an honorably discharged veteran of the Coast Guard or U.S. Armed Forces.

Question #4 – Travel
We just applied for my wife’s green card (she just became my wife here in United States). Can she travel back to her birth country to visit her family while her I-485 is pending with the USCIS?

Answer #4
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 to her birth country to visit her family while her I-485 remains pending.

Question #5 – Employment Based Immigration
How can a petitioner request the withdrawal of a Form I-140 petition?

Answer #5
As provided on the USCIS website, the petitioner or the Form G-28 representative may send a letter requesting to withdraw the I-140 petition to USCIS.
Withdrawal requests should include:
• A statement indicating that the Form I-140 petitioner wishes to withdraw the petition;
• The Form I-140 petition receipt number;
• The name, address and phone number of the petitioner;
• The name of the alien beneficiary;
• The alien registration number of the alien beneficiary, if known;
• The petitioner's signature or the Form G-28 representative’s signature.

Question #6 – DACA
Will this deferred action process lead to citizenship?

Answer #6
This process does not result in lawful status for persons who have received deferred action because deferring action is only a discretionary determination to defer removal action as an act of prosecutorial discretion and does not provide you with a lawful status. Also, keep in mind that deferred action does not confer lawful permanent resident status or a path to citizenship, only Congress acting through its legislative authority can confer these rights.

Question #7 – Unlawful Presence in USA
I cannot remember the specifics regarding unlawful presence. When would a person trigger the 3yr and 10yr bars, can you provide those time periods?

Answer #7
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 #8 – Employment Based Immigration
When will employment based visas in 2nd preference for India be available again?

Answer #8
According to the Visa Bulletin, there is no movement predicted in the coming months in the Employment Based 2nd Preference category for Foreign Nationals from India. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables which can change at any time.

Question #9 – DACA
Why is this program only for two years? What happens after those two initial years? Am I taking a risk by coming out of the shadows and admitting I am here illegally?

Answer #9
Individuals who demonstrate that they meet the guidelines may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

According to the guidance released by the USCIS, if a request for consideration of deferred action for childhood arrivals is denied, USCIS will apply its policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). If a case does not involve a criminal offense, fraud, or a threat to national security or public safety, the case will not be referred to ICE for purposes of removal proceedings except if DHS determines there are exceptional circumstances.

Question #10 – Family Based Immigration
Who is responsible for scheduling the visa immigrant Interview? Is it us or the Consulate? My wife’s form I-130 was approved and we are just curious to know what we need to do next.

Answer #10
The National Visa Center (NVC) will be in contact with you to instruct you to pay the immigrant visa fee, prepare necessary forms and gather appropriate documents. Once the NVC has everything they need, they will forward the case to the Consulate. You will receive a notice of the date, time and place of the scheduled interview.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, December 7, 2012!

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

Of all the holidays acknowledged and celebrated in the United States of America, Thanksgiving is the one which, perhaps, can most easily be embraced by all who live here - wherever their origins, whatever their beliefs.

Most countries or cultures have a harvest festival in their yearly cycle. While turkey is still the centerpiece of many, but certainly not all, Thanksgiving tables, the offerings of immigrants have created any number of "traditional Thanksgiving" variations. Just as a resident of California will consider certain items crucial to the meal different from those of a Southerner, the contributions of ItalianAmericans, IndianAmericans, PolishAmericans, ChineseAmericans, MexicanAmericans, and all others enrich the diversity of this holiday just as their cultures enrich the diversity of this country.

In short; , as the year comes to an end, we’ve all likely had losses and gains. Use this time of Thanksgiving and the rapidly approaching year’s end as an opportunity for both introspection and retrospection. However blessed or trying the past year has been; however bare or bountiful our tables; however many chairs sit empty that were occupied; or however many new chairs have been drawn close - each household has something for which to be thankful. For just one day we are joined in that, at least, and the differences in our tastes, our prayers, and our features are celebrated.

At this precious time of giving thanks and on behalf of MVP Law Group, we wish you and your families far and near, health, happiness and success. It goes without saying that we are thankful for the opportunity to have been a part of your family’s future and thank you for your continued support.

Happy Thanksgiving, from our family to yours.

The MVP Law Group

On Sunday, November 18, 2012 the Governor of Massachusetts announced that students that qualify for the Federal Deferred Action Childhood Arrivals (DACA) Program would be charged in-state tuition and fees. On the following Monday, Governor Deval Patrick send a letter to the state’s Board of Higher Education immediately lowering the rates and allowing undocumented students already attending Massachusetts colleges and universities to apply for a refund of the differ between out-of-state tuition to in-state tuition. This action will reduce the cost of tuition for qualified undocumented immigrants by more than half.

Read more: http://latino.foxnews.com/latino/politics/2012/11/19/massachusetts-governor-grants-in-state-tuition-to-undocumented-immigrants/#ixzz2ChOysVDJ

View the (.PDF) fact sheet on Massachusetts’s In-State Tuition for DACA Beneficiaries

On Wednesday, December 5, 2012, from 7:30 p.m. to 9:00 p.m. (Eastern), U.S. Citizenship and Immigration Services will conduct a national Spanish-language Enlace session as part of an ongoing series of quarterly public engagements. This free session is an opportunity for individuals who speak Spanish to engage with us in their native language.

During the Enlace, we will provide agency updates, discuss immigration-related topics, and answer your questions. USCIS representatives will be available for participants to discuss regulations, policies, operations, and forms, but will not offer legal or case-specific advice.
The event will be broadcast live from USCIS Headquarters and you can participate by:
• Calling us toll-free on 1-888-989-4980 (password – ENLACE);
• Viewing our live Web stream at www.uscis.gov/live/enlace;
• Emailing us at OPE-Live@uscis.dhs.gov; or
• Following us on Twitter at @USCIS_es
*We encourage you to send us your questions prior to the event via Twitter @USCIS_es

________________________________________
Related Files
• Enlace Flier: A Conversation with USCIS (1KB PDF)
• Enlace Flier: Un dialogo con USCIS (1KB PDF)

Source of Information: “USCIS Upcoming National Engagements – update: 11/13/2012”

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

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

Our next “Q & A Forum” will take place this Friday, November 23, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

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

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 9 months; for an I-129 L1 Appeal - 10 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is now current; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 24 months.

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

With more than 70% of Latino voters helping to reelect President Obama on Tuesday, leaders on both sides of the aisle are now calling for immigration reform. Below are quotes from President Obama and House Speaker John Boehner (R-OH).

President Obama (D)
• “And in the coming weeks and months, I am looking forward to reaching out and working with
leaders of both parties to meet the challenges we can only solve together. Reducing our deficit.
Reforming our tax code. Fixing our immigration system.”

Origin of quote: Victory Speech Nov 6 (http://www.examiner.com/article/president-barack-obama-s-complete-victory-speech-transcript)

Speaker John Boehner (R-OH)
• “[Issue of immigration] has been around far too long. . . A comprehensive approach is long
overdue, and I’m confident that the president, myself, others can find the common ground to take care of this issue once and for all.”

Origin of quote: ABC news Interview Nov 8 (http://abcnews.go.com/Politics/boehner-exclusive-raising-tax-ratesunacceptable-revenue-table/story?id=17672947&page=2#.UJwub4cT18H )

To check out other quotes for prominent officials and leaders, click here.

Source of Information: “AILA InfoNet Doc. No. 12110946. (Posted 11/9/12)”

A new Form I-140, Immigrant Petition for Alien Worker, is now available. USCIS changed the format to improve intake processing and added Adobe fillable format features to make it easier for you to complete the form. USCIS encourages you to download the form from their website and complete it on a computer to take advantage of these new features. Editions dated Jan. 06, 2010, and later will be accepted until Dec. 30, 2012. After this date, USCIS will only accept the Oct. 1, 2012, edition.

Source: "AILA InfoNet Doc. No. 12110241. (Posted 11/2/12)”

Green Card Through a Job Offer
The USCIS Form I-140, the Immigrant Petition for Alien Worker, is used by an employer to sponsor a foreign national to be eligible for a green card based on employment. If necessary, this matter should be discussed in consultation with a qualified, experienced immigration attorney.

Workers and Worker Advocates – Learn more about Employee Rights!

The new Employee Rights Webinar will help you help others to understand their rights in the Form I-9 and E-Verify processes.

USCIS and the DOJ Civil Rights Division are co-presenters of this free live webinar that explains employee rights and employer responsibilities in the employment eligibility verification process. This webinar also includes a review of Self Check and materials to educate and assist workers. Don’t forget to view and download the creative resources in the Employee Rights Toolkit to share with those you serve.

Workers and job seekers are welcome to attend too.

Join one of these sessions. Preregistration is not required.

Tuesday, November 13, 2012 at 2:00 PM EST Attend Session

Thursday, November 15, 2012 at 2:00 PM EST Attend Session

Source of Information: U.S. Citizenship and Immigration Services sent this bulletin at 11/07/2012 08:45 AM EST

E-Verify, an Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA); allows participating employers to electronically verify the employment eligibility of their newly hired employees. Approximately 98.3 percent of all E-Verify queries are automatically confirmed without any need for employee action. Note that the use of E-Verify is voluntary. Please visit USCIS’s web site, “E-Verify” for page detail information.

Form I-9 is the Employment Eligibility Verification form which all U.S. employers must complete and retain. This form must be completed for all employees; citizens and noncitizens. The employer must examine the form information and the identification used to determine if they are reasonably genuine. Please visit USCIS’s web site, “I-9 Central Home” page for detail information.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – General
I have less than 6 months remaining on my passport. May I apply for my U.S. visa?

Answer #1
No, you should immediately apply for a new passport. If applicable, there is a federal regulation which grants an exception to certain “NATO” and “A” visa classifications.

Question #2 – Green Card
If I pay the I-485 application fee, and I submit an I-765 and/or I-131 with my I-485, do I have to pay the I-765/I-131 filing fees?

Answer #2
No. If you submitted Form I-485 on or after July 30, 2007 and paid the I-485 filing fee, you do not have to pay the I-131 filing fee or I-765 fee.

Question #3 – Green Card
When renewing a 10 year Green card do you have to submit any info of sponsoring employer?

Answer #3
No.

Question #4 – Green Card
If I submit an I-765 and/or I-131 after filing the I-485, do I have to pay the I-765/I-131 filing fees? What documents do I need to send to prove I already filed the I-485?

Answer #4
If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

Question #5 – Student Visa
Can my family travel with me on a student visa?

Answer #5
The spouse and unmarried children under the age of 21 of an F1 student are eligible for F2 status, and may stay in the US as long as the primary student remains in legal F1 status.

Question #6 – Consular Processing
If my visa is refused; will I get my fee refunded?

Answer #6
No. Visa fees paid prior to the Visa Interview are non-refundable.

Question #7 – Nonimmigrant Visa
I still have a valid US nonimmigrant visa but my Indian passport has expired. Can I transfer this visa to my new passport?

Answer #7
You will need to carry both passports, no need to transfer the valid visa to the new passport.

Question #8 – Green Card
Can I request a waiver of the I-131 and I-765 filing fees?

Answer #8
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 on Form I-765 and/or advance parole on Form I-131.

Question #9 – General
If my child is a U.S citizen can I obtain legal status in the U.S?

Answer #9
It depends upon the age of your U.S. Citizen Child. In order for a U.S. Citizen to petition on behalf of their Parent, the U.S. Citizen must be at least 21 years old.

Question #10 – Green Card
Where do I find the instructions on where to file my I-485, I-765, and I-131 forms?

Answer #10
Instructions on where to file these forms are located on the instruction pages for all of the forms themselves, found at www.uscis.gov under the FORMS tab.

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 23, 2012!

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

American Immigration Lawyers Association

FOR IMMEDIATE RELEASE
November 7, 2012
Contact:
George Tzamaras or Belle Woods
202-507-7649 - 202-507-7675
gtzamaras@aila.org - bwoods@aila.org

Washington, DC - As the dust settles after a hard fought campaign, the American Immigration Lawyers Association (AILA) calls on President Obama to fulfill his promise and move forward on legislation that will improve the economy and build on America's history as a nation of immigrants. Our nation's patchwork of immigration policies and procedures needs an overhaul to offer aspiring Americans a chance to make a better life for their families, and to ensure that the economy benefits fully from the contributions of new and aspiring Americans.

Earlier this year, through the Deferred Action for Childhood Arrivals initiative, President Obama offered young immigrants a chance to come out of the shadows on a temporary basis and build a better future for themselves through school and hard work. However, this initiative was always intended to be a stop-gap measure and our country desperately needs a real, permanent solution.

"We know that there are conflicting priorities and many challenges facing our nation. However, bipartisan immigration reform is not just another issue or cause. These are real people who are faced with a process that is beyond broken, made up of outdated regulations and nonsensical policies. President Obama, we ask that you offer a roadmap for new Americans that reflects our country's values and interests, and the spirit with which our nation was built," said AILA President Laura Lichter.

In his victory speech, President Obama said he wanted to keep the promise of our nation's founders, "The idea that if you're willing to work hard, it doesn't matter who you are or where you come from or what you look like or where you love. It doesn't matter whether you're black or white or Hispanic or Asian or Native American or young or old or rich or poor, able, disabled, gay or straight, you can make it here in America if you're willing to try." AILA and its nearly 12,000 members look forward to the day that immigration reform is enacted and that promise is fulfilled.

###

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

Source of Information "AILA InfoNet Doc. No. 12110747 (posted Nov. 7, 2012)"

Registration for DV-2014 is now closed - additional entries cannot be accepted. Online registration for the DV-2014 Program began on Tuesday, October 2, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and concluded on Saturday, November 3, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4). DV-2014 entrants will be able to check the status of their entries as of May 1, 2013 through Entrant Status Check (ESC) on the E-DV website. See the Diversity Visa Program Instructions webpage for the DV 2014 Instructions and any available translations.

If qualified, you will be able to apply next year for DV-2015!

Source: "AILA InfoNet Doc. No. 12110543 (posted 11/5/12)"

U.S. Citizenship and Immigration Services (USCIS) reminds customers affected by Hurricane Sandy of certain U.S. immigration benefits or relief that may be available to them.
USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status or obtain certain other immigration benefits. Eligible individuals may request or apply for temporary relief measures, including:

- A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;

- Extension or re-parole of individuals previously granted parole by USCIS;

- Expedited adjudication of off-campus employment authorization applications for F-1 students experiencing severe economic hardship;

- Expedited adjudication of employment authorization applications; and

- Assistance to Legal Permanent Residents (LPR) stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in places that do not have a local USCIS office.

Where appropriate, USCIS may exercise its discretion to allow for delays in filing resulting from the hurricane. This may include, for example:

- Assistance to those who have not appeared for an interview or submitted required forms of evidence. You may show how the disrupting event affected your connection to USCIS and your ability to appear or submit documents as required; and

- Assistance to those who have not been able to respond to Requests For Evidence (RFEs) or Notices of Intent to Deny (NOID). USCIS will extend the deadline for individuals to respond to RFEs or NOIDs by 30 days. This will apply to all RFEs and NOIDs with a deadline of October 26 through November 26, 2012. During this time, USCIS will not issue denials based on abandonment of an application or petition.

Visitors traveling under the Visa Waiver Program may visit a local USCIS office for assistance. Please check whether your local USCIS office is open before going. Individuals affected by the hurricane who are at a U.S. airport may contact the nearest U.S. Customs and Border Protection office for assistance.

For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. Hearing-impaired persons can call 1-800-767-1833.

Please check back at www.uscis.gov for any additional information that may follow.

Source of Information: "USCIS NEWS Alert (11/02/2012)"

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

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

Our next “Q & A Forum” will take place this Friday, November 9, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

A Kansas corporation agreed to plead guilty Wednesday to an immigration charge after a federal investigation showed that the manager of one of its McDonald's restaurants in Wichita was an illegal alien. This announcement was made by U.S. Attorney Barry Grissom, District of Kansas.

This guilty plea agreement resulted from an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), with the assistance of the Social Security Administration's Office of Inspector General.

McCalla Corporation, a McDonald's restaurant franchisee with offices in Wichita, was charged Oct. 31 with one felony count of knowingly accepting a fraudulent identification document offered as proof that an employee was eligible to work. As part of the plea agreement, the corporation agreed to pay a $300,000 fine, and an additional $100,000 forfeiture judgment.

For more information about how employers can help ensure they hire a legal workforce, visit the U.S. Citizenship and Immigration Services Web site at www.uscis.gov and click on E-verify.

Source of Information: “ICE News Release, October 31, 2012, Wichita, KS”

The registered voters of the state of Maryland will have the opportunity to vote on seven statewide ballot measures in the General Elections, November 6, 2012. Only one relates directly to Immigration and that is Question 4. Question 4, which is often called Maryland's Dream Act. The ballot question language as it will appear on the Maryland Official Ballot has been included below for your information.

Question 4

Referendum Petition
(Ch. 191 of the 2011 Legislative Session)
Public Institutions of Higher Education – Tuition Rates

Establishes that individuals, including undocumented immigrants, are eligible to pay in-state tuition rates at community colleges in Maryland, provided the student meets certain conditions relating to attendance and graduation from a Maryland high school, filing of income taxes, intent to apply for permanent residency, and registration with the selective service system (if required); makes such students eligible to pay in-state tuition rates at a four-year public college or university if the student has first completed 60 credit hours or graduated from a community college in Maryland; provides that students qualifying for in-state tuition rates by this method will not be counted as in-state students for purposes of counting undergraduate enrollment; and extends the time in which honorably discharged veterans may qualify for in-state tuition rates.

For the Referred Law
Against the Referred Law

Non-Technical Summary

Source of Information: “Maryland State Board of Elections”

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 29, 2012 with processing dates as of September 30, 2012.

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

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

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

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

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

USCIS notice of multiple east coast field office closings on Tuesday, October 30, 2012 due to Hurricane Sandy.

All applicant appointments will be rescheduled to the next available appointment date. If applicants plan to visit a USCIS office in an area that is or may be affected by the severe weather, please call the National Customer Service Center (NCSC) 1-800-375-5283 to ensure the office is open for business and for further instructions on rescheduling appointments.

Source: "AILA InfoNet Doc. No. 11082361 (posted Oct. 29, 2012)"

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 19, 2012 with processing dates as of August 31, 2012.

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

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

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

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

Note: USCIS re-released its processing time reports as of 8/31/12, to include a line item for I-601s.

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

The Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) announced on Wednesday, October 17, 2012 that it has registered more than 4,000 naturalized citizens for voting in the next election. This is the largest number of immigrants it has registered to vote in the organization’s history.

Representatives of MIRA attended naturalization ceremonies in different parts of Massachusetts to find and register these new citizens to vote. Naturalized Americans represent 12 percent of voters in Massachusetts.

MIRA’s Organizing Director Marcony Almeida said, ‘‘Candidates have too often taken their immigrant constituents for granted, or worse, used them as scapegoats,’’. He also stated, ‘‘we wanted to empower new Americans to fight back by representing their own interests and those of their fellow immigrants at the ballot box.’’

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

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

Our next “Q & A Forum” will take place this Friday, October 26, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:

• E-Verify
• Immigrant Investor (EB-5) Pilot Program
• Special immigrant visa category for non-minister special immigrant religious workers
• The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.

Program Details

E-Verify: E-Verify, an Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA), allows participating employers to electronically verify the employment eligibility of their newly hired employees. More than 402,000 participating employers at nearly 1.2 million worksites nationwide currently use the program. Since Oct. 1, 2011, more than 20 million employment verification queries have been run through the system and approximately 98.3 percent of all queries are now automatically confirmed without any need for employee action.

Immigrant Investor (EB-5) Pilot Program: Under the Immigrant Investor Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center Proposals, Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis. Currently, there are more than 70 regional centers throughout the United States.

Religious Worker Visa: The special immigrant visa category for non-minister religious workers covers individuals within a religious vocation or occupation and also applies to accompanying or “following-to-join” spouses and children of these religious workers. USCIS will continue to receive and process Forms 1-360, Petition for Amerasian, Widow(er), or Special Immigrant, Forms I-485, Application to Register Permanent Residence or Adjust Status, and Forms I-824, Application for Action on an Approved Application or Petition, that relate to religious workers and their families covered by Public Law 112-176.

Conrad 30: USCIS will continue to adjudicate immigration benefits covered by the Conrad 30 program. The Conrad 30 program allows each state health department to submit a request directly to the Department of State to initiate the waiver process for a foreign medical graduate who obtained J-1 status to change to another status without the required two-year foreign residence. The law previously required the foreign medical graduate to have acquired J-1 status before Sept. 30, 2012; the law now extends the program to cover J-1 admissions before Sept. 30, 2015.

Source of Information: "USCIS.com NEWS (10/05/2012)"

The following immigration-related bills were introduced into the House of Representatives and the Senate January 2012-September 2012.

Senate Bills

S. 3245
Introduced by Sen. Leahy (D-VT) on 5/24/12
Permanently reauthorizes the EB-5 Regional Center Program, the E-Verify Program, the Special Immigrant Nonminister Religious Worker Program, and the Conrad State 30 J-1 Visa Waiver Program

Student Visa Integrity Act (S. 3527)
Introduced by Sen. Schumer (D-NY) on 9/11/12
Creates increased criminal penalties for individuals misuing the Student and Exchange Visitor Program (SEVP), mandates certification for institutions enrolling international students, and prohibits certain schools from accessing the Student and Exchange Visitor Information System.

BRAINS Act (S. 3553)
Introduced by Sen. Schumer (D-NY) on 9/19/12
Provides for immigrants visas for certain advanced STEM graduates, student visa reform, age-out protections for children, retention of priority dates, and family reunifications for high-skilled workers

House Bills

Scott Gardner Act (H.R. 3808)
Introduced by Rep. Myrick (R-NC) on 1/23/12
Directs DOJ to take into custody an alien who is unlawfully in the United States and is arrested by a state or local law enforcement officer for driving while intoxicated or similar violation. The bill also directs the officer, upon reasonable grounds to believe the individual is an alien, to verify immigration status and to take into custody for federal transfer if unlawfully in the United States.

Adjusted Residency for Military Service (ARMS) Act (H.R. 3823)
Introduced by Rep. Rivera (R-FL) on 1/24/12
Authorizes DHS to cancel the removal of, and adjust to conditional nonimmigrant status, an alien who meets specific requirements, including (1) entered the United States before his or her 16th birthday and has been present in the United States for at least five years immediately preceding this Act's enactment; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; (4) has not participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (5) has not been convicted of certain offenses under federal or state law; (6) has been admitted to an institution of higher education or has earned a high school diploma or general education development certificate in the United States; (7) has never been under a final order of exclusion, deportation, or removal unless the alien has remained in the United States under color of law after such order's issuance, or received the order before attaining the age of 16; and (8) was under age 30 on the date of this Act's enactment.

H.R. 3842
Introduced by Rep. Black (R-TN) on 1/31/12
Prohibits federal funds from being used by a federal agency or instrumentality to participate in a lawsuit to overturn, enjoin, or otherwise invalidate specified immigration-related laws in Oklahoma, Missouri, Arizona, Utah, Indiana, Alabama, South Carolina, or Georgia.

Visa Waiver Program Enhanced Security and Reform Act (H.R. 3855)
Introduced by Rep. Quigley (D-IL) on 1/31/2012
Amends the INA in regards to the visa waiver program to 1. Authorize the Secretary of Homeland Security to designate any country as a program country; 2. Adjust visa refusal rate criteria, including the addition of a 3% maximum overstay rate; and 3. Revise probationary and termination provisions

Ensuring Mental Competence in Immigration Proceedings Act (H.R. 3881)
Introduced by Rep. Stark (D-CA) on 2/2/12
Authorizes immigration judges to order a competency evaluation, terminate a proceeding, or appoint counsel when necessary for aliens with mental disabilities

Strengthening America's Public Schools Through Promoting Foreign Investment Act (H.R. 3983)
Introduced by Rep. Owens (D-NY) on 2/8/12
Permits a lawful alien who enters the United States on a nonimmigrant student visa to attend a U.S. pubic secondary school for longer than one year if such alien reimburses the full, unsubsidized per capita cost of providing education at such school for the period of the alien's attendance

H.R. 3992
Introduced by Rep. Berman (D-CA) on 2/9/12
Makes Israeli nationals eligible to enter the United States as nonimmigrant traders and investors if Israel provides reciprocal nonimmigrant treatment to U.S. nationals

H.R. 4021
Introduced by Rep. Faleomavaega (D-AS At-Large)
Waives certain requirements for naturalization for American Samoan U.S. nationals to become U.S. citizens

H.R. 4982- VAWA Reauthorization
Introduced by Rep. Biggert (R-IL) on 4/27/12
Reauthorizes Violence Against Women Act of 1994 with amendments.

Virgin Islands Visa Waiver Act of 2012 (H.R. 5875)
Introduced by Rep. Christensen (D-VI -At Large) on 5/31/12
Establishes a visa waiver program for the United States Virgin Islands for a national of a country that is a member/associate member of the Caribbean Community (CARICOM) and who is applying for admission as a nonimmigrant business or pleasure visitor for not more than 30 days.

Visa Waiver for Israel Act of 2012 (H.R. 5850)
Introduced by Rep. Sherman (D-CA) on 5/18/12
Includes Israel in the visa waiver program upon determination that Israel: (1) has entered into an agreement with the United States to report, or make available through Interpol or other means, information about passport theft or loss; (2) has entered into an information sharing agreement with the United States regarding whether Israeli citizens and nationals traveling to the United States represent a U.S. security threat; (3) cooperates with the U.S. government on counterterrorism initiatives, information sharing, and preventing terrorist travel; (4) issues all new and reissued passports with biometric identifiers; and (5) has made every reasonable effort, without jeopardizing Israeli security, to ensure that reciprocal privileges are extended to all U.S. citizens.

Department of Homeland Security Appropriations Act, 2013 (H.R. 5855)
Introduced by Rep. Aderholt (R-AL) on 5/23/12
Makes appropriations for DHS for FY 2013

Startup Act 2.0 (H.R. 5893)
Introduced by Rep. Grimm (R-NY) on 6/5/12
Authorizes DHS to adjust conditional permanent resident status up to 50,000 aliens who have earned a master's or doctorate degree in STEM fields and permit such an alien to remain in the United States: (1) for up to one year after the expiration of the alien's student visa, if the alien is searching for STEM field employment; and (2) indefinitely if the alien remains actively engaged in a STEM field. Removes a STEM alien's conditional status after five years of maintaining eligibility during the entire five-year period. Authorizes the Secretary to issue conditional immigrant visas to up to 75,000 qualified alien entrepreneurs. Removes such conditional basis after four years of maintaining qualified entrepreneur status. Eliminates the per-country numerical limitation for employment-based visas. Increases the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas.

Prohibiting Back-door Amnesty Act (H.R. 3932)
Introduced by Rep. Quayle (R-AZ) on 6/18/12
Nullifies the following: 1)June 17, 2011 memorandum from Director of ICE regarding exercise of prosecutorial discretion; 2) June 15, 2012 memoradum from Secretary of Homeland Security regarding prosecutorial discretion with respect to individuals who came to the United States as children 3) draft directive developed by CBP containing guidance on when to exercise discretion

H.R. 5957
Introduced by Rep. Schweikert (R-AZ) on 6/18/12
Prohibits DHS from granting deferred action or otherwise suspending the effectiveness or enforcement of immigration laws

H.R. 6000
Introduced by Rep. Akin (R-MO) on 6/21/12
Requires verification of the immigration status of recipients of Federal benefit programs

H.R. 6001
Introduced by Rep. Burgess (R-TX) on 6/21/12
Prohibits DHS from granting a work authorization to an alien found to have been unlawfully present in the United States

H.R. 6070
Introduced by Rep. Barletta (R-PA) on 6/29/12
Directs the Comptroller General of the United States to conduct a study to determine the impact of the June 15, 2012 policy regarding exercising discretion with respect to individuals who came the United States as children. Directs the Secretary of Homeland Security to refrain from implementing the policy until after the Comptroller General has reported to Congress on the results of the study.

Employee Verification (H.R. 6112)
Introduced by Rep. Woodall (7/12/12)
Requires federal contractors and subcontractors to participate in the E-Verify program. Makes E-Verify permanent.

Family Farm Relief Act of 2012 (H.R. 6373)
Introduced by Rep. Gibson (R-NY) on 9/11/12
Amends the INA to simplify the petitioning process for H-2A workers and expands the scope of the H-2A program.

American Investment and Job Creation Act of 2012 (H.R. 6210)
Introduced by Rep. Conyers (D-MI) on 7/26/12
Provides an employment-based immigrant visa for an alien entrepreneur who has engaged in a new commercial enterprise that has 1) within the four years prior to the filing of a petition, created full-time employment for at least five U.S. workers, or in the case of a Distressed Area Development Zone, for at least three U.S. workers; and 2) received enough investment or revenue during this period to support employment creation requirements.

Attracting the Best and Brightest Act of 2012 (H.R. 6412)
Introduced by Rep. Lofgren (D-CA) on 9/14/12
Provides up to 50,000 visas available to immigrations who 1) possess a graduate degree in STEM fields from qualifying U.S. research institution; 2) have an employment offer from a U.S. employer in field related to degree; 3) are the subject of an approved labor certification; 4) will receive a wage that is at least the actual wage paid by employer to all other individuals with similar experience/qualifications. Makes unused STEM visas available for other employment-based visa categories.

STEM Jobs Act of 2012 (H.R. 6429)
Introduced by Rep. Smith (R-TX) on 9/18/12
Creates new visa categories for foreign PhD and masters graduates in STEM fields. Eliminates the diversity immigrant visa program.

Source of Information: "AILA InfoNet Doc. No. 12100260 (posted Oct. 2, 2012)"

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

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 12 months; for an I-129 L1 Appeal - 13 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 7 months; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 29 months.

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

Canadian TN Nonimmigrants

On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant.

With respect to the TN classification, USCIS currently only accepts Form I-129 in connection with a request to extend a TN nonimmigrant’s stay or to change a nonimmigrant’s status to TN.

Canadian citizens continue to have the option of applying to U.S. Customs and Border Protection (CBP) for TN classification in conjunction with an application for TN admission to the United States. Please refer to CBP’s website for additional information and requirements for applying for admission to the United States.

Please see our Web pages concerning Direct Filing Addresses for Form I-129, TN North American Free Trade Agreement (NAFTA) Professionals, and Frequently Asked Questions for TN’s.

Canadian L-1 Nonimmigrants

As a reminder, an employer has the option of filing a Form I-129 individual petition with USCIS on behalf of a Canadian L-1 nonimmigrant. A U.S. employer that has an approved L-1 blanket petition also has the option to file a Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, along with supporting documentation, with the USCIS service center that approved the L-1 blanket petition, on behalf of a Canadian citizen (or any visa-exempt beneficiary) who is outside the United States. As before, Canadian citizens may apply for L-1 classification in conjunction with an application for L-1 admission to the United States by presenting the Form I-129 (individual petition) or I-129S (under an approved blanket petition) and supporting documentation to CBP.

Please see our L-1A and L-1B Web pages.

Background: Beyond the Border

On Feb. 4, 2011, President Barack Obama and Prime Minister Stephen Harper announced the United States-Canada joint declaration, Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness. Beyond the Border communicates a shared approach to security in which both countries work together to address threats within, at, and away from our borders, while expediting lawful trade and travel.

Since the Feb. 4, 2011 announcement, the governments of the United States and Canada have worked to identify specific action items to advance the goals of Beyond the Border. These initiatives are described in the Beyond the Border Action Plan, which was released on Dec. 7, 2011, by President Obama and Prime Minister Harper.

Please see the Department of Homeland Security’s Beyond the Border website for additional information. The filing options noted in this announcement are a result of this collaborative effort.

Source of Information: "AILA InfoNet Doc. No. 12100343 (posted Oct. 3, 2012)"

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Green Card
What is Advance Parole?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Question #9 – Green Card
I would like to file I-485(EB2) application for my Green Card. My I-140 has been approved since 2010 with a priority date of 27-Jun-2010. I am from India. I want to apply for me and my dependent wife when my priority date becomes current again. Please advise about the filing fees involved.

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

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

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

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

Our next “Immigration Q & A Forum” is scheduled for Friday, October 12, 2012!

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

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 4, 2012 with processing dates as of August 31, 2012.

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

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

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

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

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

On October 4, 2012 the U.S. Citizenship and Immigration Services (USCIS) launched a Spanish-language version of I-9 Central, an online resource center designed to provide information and assistance related to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification. This free, easy-to-use website provides employers and employees simple one-click access to resources, tips and guidance to properly complete Form I-9 and better understand the Form I-9 process.

Note: All U.S. employers must complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.

Read the original “USCIS News Bulletin (released 10/04/2012)”.

The U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) has provided FY2012 statistics in the form of program factsheets for each of the major immigration programs. These updated FY2012 statistics cover October 2011 through September 16, 2012. The link to each program factsheet is listed below.

• Permanent Labor Certification Program

• Prevailing Wage Determination Program

• H-1B Temporary Visa Program

• H-2A Temporary Agricultural Visa Program

• H-2B Temporary Non-agricultural Visa Program

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

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

Our next “Q & A Forum” will take place this Friday, October 12, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

S. 3245, introduced by Sen. Leahy (D-VT) on May 24, 2012, provides an extension of:

1. EB-5 Regional Center program - The Immigrant Investor Pilot Program (“Pilot Program”) was created by Section 610 of Public Law 102-395 (Oct. 6, 1992), and has been extended through Sept. 30, 2012. EB-5 requirements for an investor under the Pilot Program are essentially the same as in the standard EB-5 investor program, except the Pilot Program provides for investments that are affiliated with an economic unit known as a “Regional Center.” Investments made through regional centers can take advantage of a more expansive concept of job creation including both “indirect” and “direct” jobs.

2. E-Verify - an internet-based program used by an employer to verify an employee's identity and to establish that the worker is eligible to accept employment in the United States.

3. Special Immigrant Non-minister Religious Worker program – a limit of 5,000 workers who may be issued a special immigrant non-minister religious worker visa during each fiscal year under the (EB-4) visa classification.

4. Conrad State 30 J-1 Visa Waiver program - allows J-1 medical doctors to apply for a waiver of the 2-year home residence requirement upon completion of the J-1 exchange visitor program to work in underserved areas in the US.

On August 2, 2012, the Senate passed S. 3245 with unanimous consent. The bill was amended to provide a 3-year extension of the four programs.

Text of S. 3245

On September 13, 2012, the House passed S. 3245 by a vote of 412 to 3. The measure now goes to the President for signature.

On September 28, 2012, President Obama signed S. 3245 into law.

Source of Information: "AILA InfoNet Doc. No. 12080343 (posted Sep. 28, 2012)"

Annually, the United States government issues a maximum of 50,000 green cards through a computer-generated random lottery drawing. Applications for the DV-2014 random lottery will be accepted Tuesday, October 2, 2012 through Saturday, November 3, 2012. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period. Early entry is recommended and they strongly encourage applicants not to wait until the last week of the registration period to enter!

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. Please check the “INSTRUCTIONS FOR THE 2014 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2014)” for the complete list of countries/areas whose natives are eligible for DV-2014.

Natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

Changes in eligibility this year: FOR DV-2014, NATIVES OF GUATEMALA ARE NOW ELIGIBLE FOR SELECTION.

To enter the DV lottery, you must be a native of one of the eligible countries. In most cases this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible; you can claim your spouse's country of birth provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents' country of birth if it is a country whose natives qualify for the DV-2014 program.

You must also meet either the education or work experience requirement of the DV program. You must have either a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR, two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor's O*Net OnLine database will be used to determine qualifying work experience.

If you cannot meet either of these requirements, you should NOT submit an entry to the DV program.

Diversity Visa (DV) Lottery Instructions

A registered entry that complies with submission instructions will result in a confirmation screen
containing your name and a unique confirmation number. You must print this confirmation screen for
your records using the print function of your web browser and ensure that you retain your confirmation
number. Starting May 1, 2013, you will be able to check the status of your DV-2014 entry by
returning to www.dvlottery.state.gov, clicking on Entrant Status Check, and entering your
unique confirmation number and personal information. Entrant Status Check will be the sole
means of informing you of your selection for DV-2014, providing instructions to you on how to
proceed with your application, and notifying you of your appointment for your immigrant visa
interview. Therefore, it is essential you retain your confirmation number.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – General
I was able to file I-485 applications for myself and my wife in February and since then we have received the combined EAD/AP card. Can my wife apply for a SSN now? My health insurance coverage is requesting that she obtain a SSN.

Answer #1
Yes, your wife can 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 – Green Card
If my I-485 was denied while I was working on EAD, can I still apply for an H-4 since my wife still has a valid H-1?

Answer #2
You may apply for an H4 as a dependent of your wife; however, you are not able to work while maintaining H4 dependent status.

Question #3 – Temporary Work Visa - H-1B Nonimmigrant Visa
What is “Cap-Gap”?

Answer #3
As provided by the USCIS website, Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire through the start date of their approved H-1B employment period. This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students.

Question #4 – General
I am reading in the online forums and am reading things mentioned as PIMS? and CLAIMS? Can you tell me what they are?

Answer #4
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 #5 –Temporary Work Visa – H1-B 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, if given the opportunity?

Answer #5
You would be able to hold a part-time 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 #6 – 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 #6
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.

Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
The Processing Time Table indicates it takes about 2 months. My case has been pending for four months already. 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. Reports indicate that nearly 17,000 H-1B CAP-subject cases remain un-adjudicated. Additionally, with the recent enactment of DACA, remaining resources of the USCIS are being used to actively process those cases as well. There are many factors that contribute to the processing times for the H-1B nonimmigrant visa.

Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
We received approval from USCIS for an H-1B for our new employee. Our new employee scheduled a consulate interview and was denied the visa, how is this possible?

Answer #8
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 #9 – Employment Based Immigration – Green Card
Can you premium process or otherwise speed up the Green Card process?

Answer #9
You may only premium process the I-140 Immigrant Petition, which is the petition that is filed with the USCIS 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 Visas
What is the grace period on an O-1 extension? I reside in New York City, NY, USA, my current O1 visa expires on 10/25/2012 and I’ve filed for an extension on 8/17/2012. I have received a receipt notice.

Answer #10
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.

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 12, 2012!

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

The Department of State is warning the public that there has been an increase in fraudulent emails and letters being sent to Diversity Visa applicants. Some of these scammers are posing as the U.S. government and attempting to have payments sent directly to them. Diversity applicants should review the, “INSTRUCTIONS FOR THE 2014 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2014)” to know what to expect when applying for the program.

Note: Fees for the DV application process are paid to the U.S. Embassy or consulate cashier at the time of your scheduled appointment. The U.S. government will never ask you to send payment in advance by check, money order, or wire transfer.

For further details read the two Alerts:

U.S. Department of State Fraud Warning
- Scam Alert: Diversity Visa Program Scammers Sending Fraudulent Emails and Letters

FTC Consumer Alert
- How to Recognize a Diversity Visa Lottery Scam

Annually, the United States government issues a maximum of 50,000 green cards through a computer-generated random lottery drawing. Applications for the DV-2014 random lottery will be accepted Tuesday, October 2, 2012 through Saturday, November 3, 2012. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period. Early entry is recommended and they strongly encourage applicants not to wait until the last week of the registration period to enter!

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. Please check the “INSTRUCTIONS FOR THE 2014 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2014)” for the complete list of countries/areas whose natives are eligible for DV-2014.

Natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

Changes in eligibility this year: FOR DV-2014, NATIVES OF GUATEMALA ARE NOW ELIGIBLE FOR SELECTION.

To enter the DV lottery, you must be a native of one of the eligible countries. In most cases this means the country in which you were born. However, there are two other ways you may be able to qualify. First, if you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible; you can claim your spouse's country of birth provided both you and your spouse are on the selected entry, are issued visas and enter the U.S. simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents' country of birth if it is a country whose natives qualify for the DV-2014 program.

You must also meet either the education or work experience requirement of the DV program. You must have either a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; OR, two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. The U.S. Department of Labor's O*Net OnLine database will be used to determine qualifying work experience.

If you cannot meet either of these requirements, you should NOT submit an entry to the DV program.

Diversity Visa (DV) Lottery Instructions

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

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

Our next “Q & A Forum” will take place this Friday, September 28, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

September 17 was designated as Constitution Day and Citizenship Day to commemorate the signing of the Constitution in Philadelphia on September 17, 1787. This year marks the U.S. Constitution's 225th anniversary!

Many special Naturalization Ceremonies are being held at different locations across the country to honor this special day and anniversary! Before naturalizing, potential U.S. citizens must pass a naturalization test, which includes 10 civics questions, chosen from a pool of 100 possible questions. How well would you do on these sample questions?

1. What is the supreme law of the land?
2. The House of Representatives has how many voting members?
3. What is one responsibility that is only for U.S. citizens?
4. Who wrote the Declaration of Independence?
5. What territory did the U.S. buy from France in 1803?
6. Who was the President during World War I?
7. Name one of the two longest rivers in the U.S.
8. Why does the flag have 13 stripes?
9. When do we celebrate Independence Day?
10. When was the Constitution written?

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

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

Administrative Appeals Office

The current processing time for an I-129 H-1B Appeal is 15 months; for an I-129 L1 Appeal - 17 months. The current processing time for an I-140 EB2 Appeal for an Advanced Degree Professional is 8 months; for an I-140 EB3 Appeal for a Skilled or Professional Worker is 31 months.

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

Both the US House and Senate have passed the bill S.3245, which provides a 3-year extension to the following programs:

1. EB-5 Regional Center program - The Immigrant Investor Pilot Program (“Pilot Program”) was created by Section 610 of Public Law 102-395 (Oct. 6, 1992), and has been extended through Sept. 30, 2012. EB-5 requirements for an investor under the Pilot Program are essentially the same as in the standard EB-5 investor program, except the Pilot Program provides for investments that are affiliated with an economic unit known as a “Regional Center.” Investments made through regional centers can take advantage of a more expansive concept of job creation including both “indirect” and “direct” jobs.

2. E-Verify - an internet-based program used by an employer to verify an employee's identity and to establish that the worker is eligible to accept employment in the United States.

3. Special Immigrant Non-minister Religious Worker program – a limit of 5,000 workers who may be issued a special immigrant non-minister religious worker visa during each fiscal year under the (EB-4) visa classification.

4. Conrad State 30 J-1 Visa Waiver program - allows J-1 medical doctors to apply for a waiver of the 2-year home residence requirement upon completion of the J-1 exchange visitor program to work in underserved areas in the US.

The measure now goes to the President for signature.

Source of Information: "AILA InfoNet Doc. No. 12080343 (posted Sep. 14, 2012)"

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on September 13, 2012 with processing dates as of July 31, 2012.

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

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

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

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

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

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Employment Based Immigration – Green Card: Biometrics
The fingerprints that I gave the USCIS a while ago 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 #1
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 #2 – J-1 Visa
I have a J1 visa and some things have occurred and now my sponsor wishes to cancel my visa. My question is what is the time period that I have to leave the country without incurring any unlawful presence?

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

Question #3 – Non-Immigrant Visas
Are a B-1 and an H-1B visa interchangeable as far as my ability to work in the United States?

Answer #3
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 #4 – Green Card: Travel
We just applied for my husband’s green card. Can he travel back home to visit family while the I-485 is pending?

Answer #4
If you included Form I-131 in the Adjustment of Status petition for your husband, then once Form I-131 is approved, he should be able to travel back home to visit his family while his I-485 remains pending. Form I-131 is called Advance Parole, the document will allow him to exit and enter the United States for the validity period listed on the document.

Question #5 –Temporary Work Visa: H-1B
What should I do if I am fired from my job while in the United States on an H-1B visa?

Answer #5
If you have been fired from your job while in the United States your employer is liable to pay for your return transportation to your country of residence. Your employer is also responsible for informing the USCIS that you are no longer an employee. Once the USCIS receives this information, they will revoke the underlying H-1B.

Question #6 – Green Card: Family Based
My EB-2 priority date is January 18, 2010 and I have a pending I-485 application. My fiancé and I are getting married in February 2013. Since my I-485 is not approved yet, I heard thru the online forums that it is possible to include her 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 #6
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 #7 – DACA
I think I am eligible under DACA. Do you think given the risks, I should file my application?

Answer #7
Only YOU can make the decision of whether or not to file your application. I would recommend that you speak with a qualified Immigration Attorney first to discuss your eligibility and the risks involved in submitting a DACA Application to the USCIS. Please feel free to contact our office.

Question #8 – Tourist Visa
How do I provide proof of return, if I have gone home after being on a tourist visa?

Answer #8
When you exit the United States, you hand over your I-94, Arrival-Departure Document. When you enter your home country, your passport is stamped with the date of your arrival. This passport stamp serves as proof of your return to your home country.

Question #9 – Student Visa (F1)
Should I apply for a student visa before or after I am accepted to an institution in the U.S.? And approximately how much time should be in between when I apply for the visa and when I plan on coming to the States?

Answer #9
You should apply for a student visa after you are accepted into an SEVP certified institution in the United States. The School will assist you in completing the necessary paperwork and obtaining the appropriate papers (Form I-20) for you to obtain your student visa, enter the U.S. and begin your education in the U.S. Students are encouraged to apply for their visa early to provide ample time for visa processing. Students should note that Embassies and Consulates are able to issue your student visa 120 days or less, in advance of the course of study registration date. Students should be advised of the Department of Homeland Security regulation which requires that all initial or beginning students enter the U.S. 30 days or less in advance of the course of study start/report date as shown on the Form I-20.

Question #10 – Temporary Work Visa: H-1B
Can I travel in and out the country at free will while on an H-1B visa?

Answer #10
You may travel in and out of the U.S. while on the H-1B visa if you have a valid H-1B visa stamped in your passport; however, we recommend that you limit your international travel to emergency/vacation purposes. Customs and Border Patrol (CBP) is the agency that grants or denies re-entry into 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, September 28, 2012!

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

On September 5, 2012, the United States Embassy in India announced it will begin using a new visa processing system. The new system will standardize procedures and simplify fee payments. Appointment scheduling will be completed by phone or through the website, www.ustraveldocs.com/in. The new visa processing system for India will be available beginning September 26, 2012. This system streamlines the visa process to help meet the increased demand for U.S. visas by offering more online services. One difference to note is that first-time applicants will need to schedule two appointments; one for fingerprinting and one for the consular interview.

For further details read the original press release (http://newdelhi.usembassy.gov/pr090512.html).

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

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

Our next “Q & A Forum” will take place this Friday, September 14, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

In the past two weeks the Republican and Democratic Parties have released their official 2012 Party Platforms. Here we’ve compiled the major points of each Party’s platform that relate to immigration.

The Republican Party Platform on Immigration (Summary)

• Supports the rule of law and opposes any form of amnesty.

• Top priority is security at borders and ports of entry to prevent drug trafficking, illegal immigration, and terrorism. Calls for completion of the double-layered fencing on the southern border

• Supports “humane procedures to encourage illegal immigrants” to leave the U.S. Supports increased enforcement against overstays.

• Opposes the current administration’s 2012 policy of granting deferred action to certain individuals who came to the U.S. as children.

• Supports tougher penalties for ID theft, human trafficking and for those who deal in fraudulent documents.

• Supports long-term detention of those who cannot be deported to their country of nationality.

• Supports use of the 287(g) cooperation agreements with states and localities.

• Opposes the Obama administration’s “assaults on state governments” on immigration. Opposes the ongoing Department of Justice litigation against state immigration laws.

• Calls for denying federal funding to “sanctuary cities” and to universities that offer in-state tuition rates to illegal immigrants.

• Supports making E-verify mandatory nationwide. Supports state immigration enforcement efforts in the workplace.

• Supports making the SAVE program mandatory. SAVE verifies the lawful presence of applicants for State or federal government entitlements or IRS refunds.

• Calls for English as the nation’s official language.

• Supports granting more visas to holders of advanced degrees in science technology, engineering and math fields.

• Willing to consider a guest worker program to meet labor needs.

Democratic Party Platform on Immigration (Summary)

• Supports comprehensive immigration reform with the following components: bring undocumented immigrants out of the shadows and require them to get right with the law, learn English, and pay taxes in order to get on a path to earn citizenship; and create a system for allocating visas that meets the nation’s economic needs, keeps families together, and enforces the law.

• Supports the DREAM Act and continuing to provide deferred action to undocumented people who came to the U.S. as children.

• Plans to hold employers accountable for whom they hire.

• Prioritizes enforcement against criminals who endanger communities instead of immigrants who do not pose a safety threat.

• Supports family reunification as a priority. Supports the current administration’s streamlining of the process of legal immigration for immediate relatives of U.S. citizens and the enhanced opportunities for English-language learning and immigrant integration.

• Supports continued litigation to oppose state enforcement laws that interfere with federal immigration law.

• Supports inclusion of lesbian, gay bisexual, transgender relationships in the definition of family in immigration policy to protect bi-national families threatened with deportation.

• Asserts that the southwest border is more secure than at any time in the past twenty years, unlawful crossings are at a 40-year low, and that the Border Patrol is better staffed than at any time in its history.

Source of Information: "AILA InfoNet Doc. No. 12090541 (posted Sep. 5, 2012)"

The American Immigration Lawyers Association (AILA) Service Center Operations (SCOPS) liaison committee expressed concern to USCIS that the significant delays in adjudicating cap-subject H-1B petitions at the two service centers will cause disruptions for employers who rely on the arrival of new H-1B workers and disruptions for the continued employment of F-1 practical trainees as H-1B workers, on October 1, 2012, initiate, continue, or expand projects. SCOPS replied that USCIS understands AILA’s concerns about the processing times for cap-subject H-1B petitions, including cap-gap and consular notification cases.

Service Center Operations has made adjudication of these cases by October 1st a top priority by adding additional resources as available. USCIS states that service centers are doing their best to adjudicate these cases as soon as possible. AILA thanked SCOPS for that information and alerted them that petitioners are concerned that they will be forced to upgrade to premium processing.

Source of Information: "AILA InfoNet Doc. No. 12090443 (posted Sep. 4, 2012)"

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – 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 #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 – Green Card (Permanent Residence)
If my permanent resident card has expired, do I need a visa? Or is it possible to renew my permanent residence?

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

Question #3 – H-1B Non-immigrant Work Visa
How long does it take for the USCIS to review an H1B case that has been returned by the Department of State? When can we contact USCIS to check on the status?

Answer #3
The USCIS has indicated that when cases are returned to them from the Department of State (DOS), those cases are reviewed and processed when time and resources allow. Accordingly, they are low priority in the eyes of the USCIS. Pursuant to the USCIS National Customer Service Center (1-800-375-5283), you may initiate a Service Request after waiting 180 days from the date your case is returned to the USCIS.

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

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

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

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

Question #6 – H-1B Non-immigrant Work Visa
Can I change my job while I am under the H-1B visa?

Answer #6
Yes, the petition would be referred to as an H-1B transfer. You are allowed to change jobs if you find a new and willing H-1B sponsoring employer. You must file the new H-1B transfer case with the USCIS.

Question #7 – Temporary Work Visa
If I work for a company with offices overseas, and I want to work for the company in its United States offices, would I apply for a employment based visa? If not, which visa would I apply for?

Answer #7
It depends. You could apply for an H-1B non-immigrant visa; an L1, Intra-Company Transferee visa; possibly an E1, Treaty Trader visa or an E2, Treaty Investor visa, an E3 Australian visa, or a TN visa, etc. Please contact our office to further discuss your particular situation and which visa would be a better fit for you.

Question #8 – Temporary Visas
Will a criminal conviction impair my ability to receive a temporary visa?

Answer #8
It depends upon the type of criminal conviction. Depending upon the seriousness of the criminal conviction, it is possible to be inadmissible and/or deportable for certain criminal convictions – crimes of moral turpitude, crimes involving domestic violence.

Question #9 – General – Social Security Card
How and when can I get a Social Security Card?

Answer #9
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 #10 – General
Is it necessary that I have someone sponsoring me when I apply for a visa?

Answer #10
It depends, as almost all types of visas require sponsorship whether employment based or family based.

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 14, 2012!

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

In EB permanent residence, commonly referred to as "green card," cases there are and have always been many unknown factors that impact processing times. The timeframes can range by years from one case to the next. Procedures can change in mid-stream, disrupting plans and strategies.

Labor Certification - PERM

All labor certifications are filed under the PERM process. Under PERM, all cases must be pre-advertised. There is a 30-day "quiet period" following the completion of recruitment efforts. The case can only be filed after the 30 days. Thus, the time required for preparation of a PERM case is a combination of this quiet period, a 30-day State Workforce Agency (SWA) job order requirement, a number of recruitment requirements, a job posting, and the need to obtain a prevailing wage determination. Of course, all of the time necessary for the preparation and review of a case, and communication between the lawyer and the employer and/or employee, must also be considered. Additional time is required for the employer to screen resumes submitted in response to recruitment efforts and to interview potentially qualified applicants. Depending upon how quickly the prevailing wage determination is issued, whether the employer has engaged in any recruitment efforts prior to the start of the PERM case, how quickly the employer or employee provides information and documentation, and the number and qualifications of job applicants, it could take as long as four to six months for the PERM case to be ready for filing.

Once it is filed, the U.S. Department of Labor (DOL) estimates processing times of up to 60 days. Historically, PERM processing timeframes have ranged from a few days to more than eleven months. If there is an audit by the DOL, there would be an extended delay. The time necessary for the additional processing of the audited PERM application is unknown and can add an additional year or more to the process. If all goes well, however, the time from the initiation of the PERM process to approval would be approximately six to ten months.

After Labor Approval - I-140 Petition

Following the labor certification approval, the case moves to the stages of the employer petition (I-140) and the adjustment of status (I-485). It would also be possible to select consular processing instead of I-485. This is when the time estimate becomes quite uncertain. First, there is the I-140 petition. The time it takes to prepare this for filing can depend upon the availability of documents and the speed of action by the employer, employee, and attorney. I-140s have to be supported by the employer's financial data and proof that the employee / beneficiary has the required education and work experience. The safer and faster route is to try and gather all or most of this type of documentation in advance, in parallel with the PERM LC filing. It may be necessary, however, to obtain updated financial information that could slow the preparation time. There are no advertising or other time-bound requirements that dictate the time-frame for preparation and filing of the I-140 petition.

At this time, the I-140 petitions are processed by the USCIS Nebraska and Texas Service Centers. A general estimate of the expected processing time can be obtained based upon the Service Center Processing reports, available on the USCIS website and MVP Law Group’s website. The processing time for any particular case can vary, depending upon the service center, whether there is an RFE issued, and general variations from case to case. Typical processing times range from four months to one year. It is possible to expedite most I-140 filings by using premium processing. It is not necessary to have an I-140 approval to file the I-485. This is where the real uncertainty comes about with processing times.

Adjustment of Status - I-485 Application

Once the labor certification is approved, the general procedures allow for concurrent filing of the I-140 and I-485. However, the I-485 cannot be filed unless the priority date is current for the particular case. The I-485 can take some time to prepare, depending upon how much work was done in advance. It is necessary to have a medical exam, which means waiting for a doctor's appointment and test results. It is also necessary to document immigration status history, provide birth and marriage records, and biographical information. Those who are more organized about their documents and have less complicated histories will have an easier time providing what is needed. If documents are needed from abroad, it is best to work on obtaining these well in advance.

It is not always possible to file the I-485 with the I-140 due to unavailability of visa numbers. Essentially, in order to file an I-485, there must be an available visa number in the particular category. This concept of visa unavailability, retrogression, and visa cutoff dates is vital to the understanding of the immigration process at this time.

Possible Delays in Filing Due to Lack of Visa Numbers

So, a person may have an approved labor certification, and even an approved I-140, but not be able to move forward to the I-485 stage. This problem is severe for people from all countries in the employment-based, third preference EB-3 category, and for those from India and China in EB-2. Following labor certification approval, the employer can file the I-140 petition and even obtain its approval without regard to visa number availability. The case will stall at that point, however, until visa numbers are available for the individual's employment-based category so that the I-485 can be filed. This delay could be a few weeks, a few months, or in many cases, a few years or longer. This is why it is virtually impossible to answer the question, "How long will it take to get a green card?"

Possible Delays in Adjudication Due to Retrogression

If a visa number is available and a case is filed, it is still not immune to delays caused by a lack of visa numbers known as retrogression. For an I-485 to be approved there must be a visa number available on the date of the I-485 approval. Thus, if a case is filed while visa numbers are available, and then the cutoff dates move backward, or retrogress, while it is pending, the case will have to wait until the visa numbers become current again. The time delay, again, is an unknown factor. While this tends to be less of a problem with I-485 cases being filed as of this writing, historically, it has been an enormous complication, impacting many cases.

Consular Processing

If one elects to take the route of consular processing, instead of adjustment of status, the analysis is similar. In this event, the I-140 is filed after the labor certification approval. It is then necessary to wait for the I-140 approval to move forward. The processing time ultimately depends upon how quickly the case moves through to an appointment at the particular consulate. This is generally a number of months, perhaps between four to eight months. A case cannot be approved at the consulate for an immigrant visa, however, unless there is a visa number available. Therefore, consular cases are also delayed by retrogression, and are held at the National Visa Center (NVC) awaiting visa number availability.

Other Variations

There are numerous other matters that can cause variations in processing times. Receipt of requests for evidence (RFEs), can slow the processing times. Putting aside retrogression, enormous variations in processing times are evident at the various service centers and local USCIS offices. While most employment-based green card cases for professionals are ruled upon at the service centers, some are sent to the local USCIS offices for interview. This can cause additional months of delay.

Green card cases can be complex, and anyone who is contemplating filing a green card case should consult with our knowledgeable and experienced attorneys at MVP Law Group in advance of filing.

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

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

Our next “Q & A Forum” will take place this Friday, August 31, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on August 17, 2012 with processing dates as of June 30, 2012.

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

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

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

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

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

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Marriage
Will my being married make me no longer eligible?

Answer #1
No, being married will not make you ineligible, as long as you satisfy all the eligibility requirements, you may submit an application for deferred action and a request for employment authorization if there is an economic necessity for employment.

Question #2 – Gaps
Will a brief interruption in the requirement to be in the U.S. continuously from June 15, 2007 to August 15, 2012 affect my eligibility for deferred action?

Answer #2
According to the guidance released by the USCIS, a brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and the absence was short and reasonably calculated to accomplish the purpose for the absence; the absence was not because of an order of exclusion, deportation, or removal, the absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and the purpose of the absence and/or your actions while outside the United States were not contrary to law.

Question #3 – Diploma/GED
If I am now in High School but have three more years before I graduate, does this mean that since I have not yet graduated from High School or earned a GED that I won’t be able to be legalized?

Answer #3
According to the guidance released by the USCIS, you must be either: currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or an honorably discharged veteran of the Coast Guard or U.S. Armed Forces.

Additionally, it is important to note that this deferred action process will not result in lawful permanent status, or naturalization.

Question #4 – Asylum
I want to know if an asylum denial will prevent me from qualifying for the deferred action process?

Answer #4
An asylum denial should not prevent you from qualifying for the deferred action process; however, it is recommended that you speak with a qualified Immigration Attorney in order to fully discuss your eligibility.

Question #5 – Proof
What is the best acceptable evidence to establish my identity and the fact that I’ve been here?

Answer #5
As this is a new process, effective August 15, 2012, we have heard that passports, childhood immunization records and school records are acceptable evidence to establish identity and continuous residence in the United States.

Question #6 – Removal
What process should Individuals who are not in removal proceedings but who are subject to a final order of removal take in order to be eligible?

Answer #6
According to the guidance released by the USCIS, this process is open to any individual who can demonstrate he or she meets the guidelines for consideration, including those who have never been in removal proceedings as well as those in removal proceedings, with a final order, or with a voluntary departure order (as long as they are not in immigration detention). If you are not in immigration detention and want to affirmatively request consideration of deferred action for childhood arrivals, you must submit your request to USCIS – not ICE – pursuant to the procedures outlined below. If you are currently in immigration detention and believe you meet the guidelines you should not request consideration of deferred action from USCIS but should identify yourself to your detention officer or contact the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9 a.m. – 5 p.m., Monday – Friday) or by email at EROPublicAdvocate@ice.dhs.gov.

Question #7 - Two Years
Why is it only for two years? What happens after two years? Am I taking a risk by coming out of the shadows?

Answer #7
Individuals who demonstrate that they meet the guidelines may request consideration of deferred action for childhood arrivals for a period of two years, subject to renewal, and may be eligible for employment authorization.

It is very important to understand that while the Deferred Action eligibility criteria may seem to be straight forward, immigration law is complicated and an application for Deferred Action can lead to consequences for a foreign national. Applicants should consider seeking the advice of a licensed Immigration Attorney before submitting an application for Deferred Action.

According to the guidance released by the USCIS, if a request for consideration of deferred action for childhood arrivals is denied, USCIS will apply its policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). If a case does not involve a criminal offense, fraud, or a threat to national security or public safety, the case will not be referred to ICE for purposes of removal proceedings except if DHS determines there are exceptional circumstances.

Question #8 – Citizenship
Will the deferred action process lead to citizenship?

Answer #8
This process does not result in lawful status for persons who have received deferred action because deferring action is only a discretionary determination to defer removal action as an act of prosecutorial discretion and does not provide you with a lawful status. Also, keep in mind that deferred action does not confer lawful permanent resident status or a path to citizenship, only Congress acting through its legislative authority can confer these rights.

Question #9 – Stolen Identity
How will I be affected if my passport was stolen?

Answer #9
You will need to report that your passport was stolen, and if able, apply for a new passport.

Question #10 –Study Visa
Will the Deferred Action Policy have any impact on my study visa?

Answer #10
Have you reviewed all of the eligibility requirements? Specifically, did you enter without inspection before June 15, 2012 or did your lawful immigration status expire as of June 15, 2012. If you were in the United States on an F1 student visa and your student visa expired as of June 15, 2012, then you may be eligible for the deferred action process.

Even though this is very exciting news for our youth, it is extremely important that these young people get quality legal advice from lawyers and not ill-informed sources, since the young population is easier to be taken advantage of. You should only trust information from a reliable source, such as an official government website or reputable legal or charitable organizations; you may also consult with a qualified Immigration Attorney before requesting deferred action.

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 31, 2012!

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

Deferred Action is a decision by the executive branch to postpone the deportation of a foreign national as an act of selective enforcement. The Department of Homeland Security (DHS) has the authority to grant Deferred Action to any noncitizen at any stage of the deportation process. Deferred Action has been used by Presidents of both political parties to temporarily stop the removal of foreign nationals for Humanitarian reasons. President Obama has decided to focus on the arrest and deportation of dangerous criminals, national security risks and immigration violators. Accordingly, the Obama Administration’s “deferred action” initiative is for unauthorized youth who were brought to this country as children. Those youth are commonly referred to as “DREAMers” because they comprise most of the individuals who meet the general requirements of the Development, Relief and Education for Alien Minors (DREAM) Act.

It is very important to understand that while the Deferred Action eligibility criteria may seem to be straight forward, immigration law is complicated and an application for Deferred Action can lead to consequences for a foreign national. Applicants should consider seeking the advice of a licensed immigration attorney before submitting an application for Deferred Action

On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key eligibility requirements may request consideration for deferred action for a period of two years, subject to renewal, and, as a result, may be eligible for work authorization. Only individuals who can demonstrate through documentation that they meet these guidelines will be considered for deferred action under this process. Determinations will be made on a case-by-case basis under the guidelines set forth in the Secretary of Homeland Security’s memorandum.

This process does not result in lawful status for persons who have received deferred action arrivals because deferring action is only a discretionary determination to defer removal action as an act of prosecutorial discretion and does not provide you with a lawful status. Also, keep in mind that deferred action does not confer lawful permanent resident status or a path to citizenship, only Congress acting through its legislative authority can confer these rights.

In order to request consideration of deferred action for child hood arrivals - eligible youth will mail their request to the United States Citizenship and Immigration Services (USCIS). The total USCIS filing fees will be $465. USCIS released the requisite forms (I-821D), (I-765) and (I-765WS) late yesterday afternoon. They are available for download at www.uscis.gov/childhoodarrivals .

Eligibility Requirements

• You were born after June 15, 1981; under the age of 31 as of June 15, 2012;
• Arrived in the United States before the age of 16;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012; and at the time of making your request for consideration of deferred action with USCIS;
• Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;
• Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and
• You are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your case was terminated before your request;
• Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and the absence was short and reasonably calculated to accomplish the purpose for the absence; the absence was not because of an order of exclusion, deportation, or removal, the absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and the purpose of the absence and/or your actions while outside the United States were not contrary to law.

If a request for consideration of deferred action for childhood arrivals is denied, USCIS will apply its policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). If a case does not involve a criminal offense, fraud, or a threat to national security or public safety, the case will not be referred to ICE for purposes of removal proceedings except if DHS determines there are exceptional circumstances.

USCIS will begin accepting requests for consideration of deferred action today, Wednesday, August 15, 2012.

To file a request, please collect documents as evidence to show you meet the guidelines, then complete the USCIS forms (I-821D), (I-765) and (I-765WS), and finally mail the forms and filing fee to the USCIS. Once your filing is received, the USCIS will provide you with a receipt notice to monitor the status of your filing.

Even though this is very exciting news for our youth, it is extremely important that these young people get quality legal advice from lawyers and not ill-informed sources, since the young population is easier to be taken advantage of. You should only trust information from a reliable source, such as an official government website or reputable legal or charitable organizations, you may also consult with a qualified immigration attorney before requesting deferred action.

Supporting Evidence

• Birth Certificate or Passport
• Employment records, Medical records, Financial Records, Military Records that all show that you came to the U.S before the age of 16 and resided in the U.S. for at least five years before June 15, 2012 and were physically present in the U.S. as of June 15, 2012
• School records - Diplomas, GED certificates, report cards, school transcripts and other evidence of enrollment

MVP Law Group is ready and willing to help this young population of DREAMer’s.

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

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

Our next “Q & A Forum” will take place this Friday, August 17, 2012. Act now and submit your questions!

THANK YOU!

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.