Visa Bulletin - November 2014

October 13, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the November 2014 Visa Bulletin

As projected by the U.S. Department of State, the November 2014 Visa Bulletin shows the EB2 date for nationals from India retrogressed (moved backwards) from 5/1/09 to 2/15/05; the EB3 date for nationals from India made a small movement from 11/15/03 to 11/22/03; the EB2 for Chinese Nationals moved from 11/15/09 to 12/8/09; the EB3 for Chinese Nationals moved from 4/1/09 to 1/1/10; and EB3 for WW moved from 10/1/11 to 6/1/12; and the F2A category moved from 2/1/13 to 3/1/13, except Mexico which moved from 7/22/12 to 9/22/12. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

For more details on this month’s India EB-2 retrogression please read our blog, “India EB-2 may Retrogress to 2005”.

*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.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

A Look on the Inside: November 2014 Visa Bulletin

October 3, 2014

I attended an American Immigration Lawyers Association (AILA) DC Chapter meeting on Wednesday evening in DC, where U.S. State Department, Charles Oppenheim (the man responsible for creating and publishing the monthly Visa Bulletin) informed the audience of the numbers for the November and December 2014 Visa Bulletins.


Employment Based 2nd Preference:

a. EB2 for Indian Nationals – will retrogress several years either in November 2014 or December 2014 (possibly as early as 2005), with no movement again until roughly May/June of 2015

b. EB2 for Chinese Nationals – will move 3-5 weeks per month

c. EB2 World Wide – will remain current for the foreseeable future

Employment Based 3rd Preference:

a. EB3 for Indian Nationals – will move 1-2 weeks per month

b. EB3 for Chinese Nationals – rapid movement into late 2009/early 2010

c. EB3 World Wide – will move rapidly


A question was raised by a member of the audience to Mr. Oppenheim –

Question: If an applicant was able to establish a priority date as of today, Wednesday, October 1, 2014, approximately how long would the wait be for a green card?

i. For the family based 4th preference (Brother/Sister of US Citizen)?

ii. For the employment based 2nd preference (India)?

iii. For the employment based 3rd preference (India)?

Answer: Based upon existing numbers and current demand:

i. 12+ years for all categories except Mexico and Philippines; Mexico/Philippines – 25+ years
- Mr. Oppenheim stated that he already has at least 2.3 million applicants waiting in this category for a Green Card, competing for 65,000 immigrant visas issued annually

ii. Extended wait – approximately 10+ years (only 2,800 visas may be allocated annually for India EB2)

iii. Extended wait – approximately 50-70 year wait (only 2,800 visas may be allocated annually for India EB3)
- Furthermore, Mr. Oppenheim stated that he already has a list of approximately 25,000 – 30,000 cases with priority dates earlier than 2007 for this category


For a better understanding of how our Immigration System works, please refer to the American Immigration Council’s Immigration Policy Center Fact Sheet, “How the United States Immigration System Works: A Fact Sheet”. This article provides a clear breakdown of the 675,000 immigrant visas allocated annually across the Family based, Employment based, Refugee/Asylee, and Diversity visa categories.

As you can see – numbers do not lie, we desperately need to fix our broken immigration system.


Related Links:
Immigration Policy Center, 3/1/14, Fact Sheet:
How the United States Immigration System Works: A Fact Sheet

U.S. Department of State, Web Page:
Visa Bulletin

India EB-2 may Retrogress to 2005

September 24, 2014

After the release of the “Visa Bulletin for October 2014” by the Department of State (DOS) the American Immigration Lawyers Association’s (AILA) DOS Liaison Committee had a "check-in" with Charles ("Charlie") Oppenheim, Chief of the Visa Control and Reporting Division, DOS. They communicate with Mr. Oppenheim monthly to obtain his trend analysis and projections of the immigrant preference categories which are detailed in the monthly DOS visa bulletins.

Mr. Oppenheim states that retrogression (moving backwards) of the EB-2 India priority date appears to be imminent, and could happen as early as this November 2014. The October 2014 priority date for EB-2 India is currently at May 1, 2009. He feels given current demand, the priority date will retrogress, possibly to a date in early 2005. If you are an eligible EB-2 India client (eligible = your priority date is current according to the October 2014 visa bulletin) you should file your adjustment of status applications by the end of October. He warns that the window of opportunity may be closing.

The main reason he anticipates this EB-2 India retrogression is the large number of EB-3 to EB-2 upgrades by Indian-born applicants and this will most likely continue to increase the EB-2 India demand in the coming months.


Source of Information:

AILA InfoNet Doc. No. 14071401 (posted 9/11/14):
Check-in with DOS’s Charlie Oppenheim (9/11/14)

Related Links:

USCIS.gov, 2/19/14, Web Page:
Employment-Based Immigration: Second Preference EB-2

USCIS.gov, 6/14/11, Web Page:
Visa Retrogression

Visa Bulletin - October 2014

September 11, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the October 2014 Visa Bulletin

As projected by the U.S. Department of State, the October 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 5/1/09; the EB3 date for nationals from India made a small movement from 11/8/03 to 11/15/03; the EB2 for Chinese Nationals moved from 10/8/09 to 11/15/09; the EB3 for Chinese Nationals moved from 11/1/08 to 4/1/09; and EB3 for WW moved from 4/1/11 to 10/1/11; and the F2A category moved from 1/1/13 to 2/1/13, except Mexico which moved from 4/22/12 to 7/22/12. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

*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.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - September 2014

August 13, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the September 2014 Visa Bulletin

As projected by the U.S. Department of State, the September 2014 Visa Bulletin shows the EB2 date for nationals from India moving from 1/22/09 to 5/1/09; the EB3 date for nationals from India remains at 11/8/03; the EB2 for Chinese Nationals remains at 10/8/09; the EB3 for Chinese Nationals remains at 11/1/08; and EB3 for WW remains at 4/1/11; and the F2A category moved from 5/1/12 to 1/1/13, except Mexico which moved from 3/15/11 to 4/22/12. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.


Visa Bulletin - August 2014

July 11, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the August 2014 Visa Bulletin

As projected by the U.S. Department of State, the August 2014 Visa Bulletin shows the EB2 date for nationals from India moving from 9/1/08 to 1/22/09; movement in EB3 date for nationals from India at 11/8/03; movement in EB2 for Chinese Nationals at 10/8/09; movement in EB3 for Chinese Nationals at 11/1/08; and EB3 for WW remains at 4/1/11; and the F2A category remains at 5/1/12, except Mexico at 3/15/11. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.


Visa Bulletin - July 2014

June 11, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the July 2014 Visa Bulletin

As projected by the U.S. Department of State, the July 2014 Visa Bulletin shows the EB2 date for nationals from India moving from 11/15/04 to 9/1/08; movement in EB3 date for nationals from India at 11/1/03; movement in EB2 for Chinese Nationals at 7/1/09; EB3 for Chinese Nationals remains at 10/1/06; and EB3 for WW remains at 4/1/11; and the F2A category remains at 5/1/12,except Mexico at 3/15/11. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.


Availability of Visa Numbers for EB-3 China – June 2014 Visa Bulletin

June 4, 2014

The U.S. Department of State (DOS) has confirmed with the American Immigration Lawyers Association (AILA) that they have stopped authorizing visa numbers for the EB-3 preference category for nationals of China as of 05/09/14. The reason for stopping is that the EB-3 China cutoff date retrogressed from 10/01/2012 in the May 2014 Visa Bulletin, to 10/01/2006 in the June 2014 Visa Bulletin. Retrogression typically occurs toward the end of the fiscal year as visa issuance approaches the annual category, or per-country limitations. Sometimes a priority date that meets the cut-off date one month will not meet the cut-off date the next month. When the new fiscal year begins on October 1, a new supply of visas is made available and usually, but not always, returns the dates to where they were before retrogression.

Any of the cases that USCIS has already requested a visa number for, but have not been authorized by the DOS (i.e., assigned an available visa number) will be considered pending until the priority date becomes current. These pending cases will be automatically authorized when the China EB-3 cut-off date advances beyond the applicant’s priority date. At that point, USCIS will be able to adjudicate the case.

The DOS Visa Bulletin summarizes the availability of immigrant visas on a monthly basis.


Source of Information:
AILA InfoNet Doc. No. 14052849 (posted May. 28, 2014):
DOS Alert: Availability of Visa Numbers for EB-3 China

MVP Law Group’s Immigration Blog (posted 4/10/14):
Visa Bulletin - May 2014

MVP Law Group’s Immigration Blog (posted 5/12/14):
Visa Bulletin - June 2014

Visa Bulletin - June 2014

May 12, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the June 2014 Visa Bulletin

As projected by the U.S. Department of State, the June 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 11/15/04; movement in EB3 date for nationals from India at 10/15/03; movement in EB2 for Chinese Nationals at 5/22/09; EB3 for Chinese Nationals retrogressed from 10/1/12 to 10/1/06; and EB3 for WW retrogressed from 10/1/12 to 4/1/11.

Retrogression occurred in all of F2A category! The F2A category retrogressed from 9/8/13 to 5/1/12, except for Mexico which retrogressed from 4/15/12 to 3/15/11. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - May 2014

April 10, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the May 2014 Visa Bulletin

As projected by the U.S. Department of State, the May 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 11/15/04; movement in EB3 date for nationals from India at 10/1/03; movement in EB2 for Chinese Nationals at 4/15/09; EB3 for Chinese Nationals remains at 10/1/12; and EB3 for WW remains at 10/1/12; and the F2A category remains at 9/8/13,except Mexico at 4/15/12. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - April 2014

March 12, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the April 2014 Visa Bulletin

As projected by the U.S. Department of State, the April 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 11/15/04; EB3 date for nationals from India remains at 9/15/03; movement in EB2 for Chinese Nationals at 3/8/09; movement in EB3 for Chinese Nationals at 10/1/12; and movement in EB3 for WW at 10/1/12; and the F2A category remains at 9/8/13,except Mexico at 4/15/12. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - March 2014

February 12, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the March 2014 Visa Bulletin

As projected by the U.S. Department of State, the March 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 11/15/04; EB3 date for nationals from India moved slightly from 9/1/03 to 9/15/03; movement in EB2 for Chinese Nationals at 2/15/09; movement in EB3 for Chinese Nationals at 9/1/12; and movement in EB3 for WW at 9/1/12; and the F2A category remains at 9/8/13,except Mexico at 4/15/12. Mexico F-2A retrogressed from 9/1/13 to 4/15/12 due to heavy demand. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

DOS Alert - Mexico F2A visa preference category is expected to retrogress

January 15, 2014

The American Immigration Lawyers Association (AILA) Department of State Liaison Committee has posted that the U.S. Department of State (DOS) informed them that the Mexican F2A* visa preference category is expected to retrogress in the spring of FY2014. Visa retrogression means that the cut-off dates that govern visa availability moves backwards in time and are not available. They also warned that if the return rate for that visa category decreases anymore, the retrogression may come sooner than spring of FY2014. The return rate in this case means Visas numbers not used and returned for availability, so if the return rate decreases - there are fewer Visas available. DOS also anticipates that the F2A worldwide visa preference category will retrogress by the last quarter of FY2014. DOS will start including visa retrogression predictions in future visa bulletins.

*(F2A) Spouses and Children of Permanent Residents


Source of Information:
AILA InfoNet Doc. No. 13121951 (12/19/13):
DOS Alert: Visa Office Update on F2A Priority Dates

Visa Bulletin - February 2014

January 10, 2014

The Department of State has released its latest Visa Bulletin.

Click here to view the February 2014 Visa Bulletin

As projected by the U.S. Department of State, the February 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 11/15/04; EB3 date for nationals from India remains at 9/1/03; movement in EB2 for Chinese Nationals at 1/8/09; movement in EB3 for Chinese Nationals at 6/1/12; and movement in EB3 for WW at 6/1/12; and the F2A category remains at 9/8/13 (except Mexico at 9/1/13), this category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas Except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - January 2014

December 13, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the January 2014 Visa Bulletin

As projected by the U.S. Department of State, the January 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 11/15/04; EB3 date for nationals from India remains at 9/1/03; movement in EB2 for Chinese Nationals at 12/8/08; movement in EB3 for Chinese Nationals at 4/1/12; and movement in EB3, WW at 4/1/12; and the F2A category is no longer current, it remains at 9/8/2013, this category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas Except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - December 2013

November 13, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the December 2013 Visa Bulletin

As projected by the U.S. Department of State, the December 2013 Visa Bulletin shows the EB2 date for nationals from India retrogressed from 6/15/08 to 11/15/04; EB3 date for nationals from India retrogressed from 9/22/03 to 9/1/03; movement in EB2 for Chinese Nationals at 11/8/08; movement in EB3 for Chinese Nationals at 10/01/11; and movement in EB3, WW at 10/1/11; and the F2A category is no longer current, it remains at 9/8/2013, this category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).


*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.

**”All Chargeability Areas Except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - November 2013

October 14, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the November 2013 Visa Bulletin


As projected by the U.S. Department of State, the November 2013 Visa Bulletin shows the EB2 date for nationals from India at 6/15/08; EB3 date for nationals from India at 9/22/03; movement in EB2 for Chinese Nationals at 10/8/08; movement in EB3 for Chinese Nationals at 10/01/10; and movement in EB3, WW at 10/1/10; and the F2A category is no longer current, it remains at 9/8/2013, this category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

*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.

**”All Chargeability Areas Except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

What Happens If the Government Shuts Down? – Updated 9/30/13

September 30, 2013

The American Immigration Lawyers Association (AILA) has requested information from the federal government agencies involved in the immigration system for updates on their contingency plans in case of a government shutdown. A possible government shutdown could happen as early as October 1, 2013, the beginning of the new fiscal year 2014 (FY2014). AILA has reported that they have not received any updated information at this time. They suggested reviewing the shutdown plans for the last threatened federal government shutdown, which was in 2011.

Below is an excerpt from MVP Law Group’s original blog post on the subject dated (4/8/11).

~---------------~

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

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

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

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

EOIR (Executive Office for Immigration Review): EOIR has indicated that personnel who are not considered "essential" will be furloughed, but that the detained docket would likely continue in operation. (Updated as of 9/30/2013)

DOL (Department of Labor): In the event of a government shutdown, the Office of Foreign Labor Certification (OFLC) will neither accept nor process any applications or related materials it receives. (Updated as of 9/30/2013)

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


Source of Information:

- AILA InfoNet Doc. No. 11040730 (posted 4/7/11)
- AILA InfoNet Doc. No. 11040730 (posted 9/ 25/13)

Employment-Based Quota Limit Reached for FY2013

September 26, 2013

The State Department has confirmed that employment annual limits have been reached, as is often the case at the end of a fiscal year.

USCIS will continue to process pending adjustment cases, and is able to submit visa number requests for all cases which are being finalized. The State Department will place requests in a “Pending Demand” file.

Eligible cases which have been submitted to the State Department that are within the October cut-off dates will be automatically authorized effective October 1, 2013.

Source of Information: "AILA InfoNet Doc. No. 13092553 (posted Sep. 25, 2013)"

Visa Bulletin - October 2013

September 11, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the October 2013 Visa Bulletin


As projected by the U.S. Department of State, the October 2013 Visa Bulletin shows the EB2 date for nationals from India at 6/15/08; EB3 date for nationals from India at 9/22/03; movement in EB2 for Chinese Nationals at 9/15/08; no movement in EB3 for Chinese Nationals at 07/01/10; and no movement in EB3, WW at 07/01/10; and the F2A category is no longer current, it remains at 9/8/2013, this category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

*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.

**”All Chargeability Areas Except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - September 2013

August 14, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the September 2013 Visa Bulletin

As projected by the U.S. Department of State, the September 2013 Visa Bulletin shows the EB2 date for nationals from India at 6/15/08; EB3 date for nationals from India at 9/22/03; no movement in EB2 for Chinese Nationals; movement in EB3 for Chinese Nationals at 07/01/10; and movement in EB3, WW at 07/01/10; and the F2A category has gone current, this category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

*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.
**”All Chargeability Areas Except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - August 2013

July 11, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the August 2013 Visa Bulletin

As projected by the U.S. Department of State, the August 2013 Visa Bulletin shows EB2 dates for nationals from India at January 2008; no movement in the EB3 WW category; no movement in EB2 for Chinese Nationals; and the F2A category has gone current, this category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

*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.
**”All Chargeability Areas Except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - July 2013

June 12, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the July 2013 Visa Bulletin

The July 2013 Visa Bulletin shows: EB-2 is current for “All Chargeability Areas Except Those Listed”. EB-3 cut-off date for “All Chargeability Areas Except Those Listed” is 1/1/09.


The EB-2 cut-off date for China is 8/8/08 and 9/1/04 for India.

The EB-3 cut-off date for China is 1/1/09 and 1/22/03 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.

**”All Chargeability Areas Except Those Listed”, includes all other countries except: China, India, Mexico and Philippines.

Visa Bulletin - June 2013

May 14, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the June 2013 Visa Bulletin.

The June 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 7/15/08 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.

Visa Bulletin - May 2013

April 15, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the May 2013 Visa Bulletin.

The May 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 5/15/08 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.

Visa Bulletin - April 2013

March 14, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the April 2013 Visa Bulletin.

The April 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 4/1/08 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.

Visa Bulletin - March 2013

February 14, 2013

The Department of State has released its latest Visa Bulletin.

Click here to view the March 2013 Visa Bulletin.

The March 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 2/15/08 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.

Visa Bulletin - February 2013

January 11, 2013

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.

VISA Bulletin - January 2013

December 13, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the January 2013 Visa Bulletin.

The January 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 12/8/07 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.

VISA Bulletin - December 2012

November 12, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the December 2012 Visa Bulletin.

The December 2012 Visa Bulletin shows employment based second preference (EB-2) as oversubscribed and employment based third preference (EB-3) visas are also listed as oversubscribed. EB-2 is current for all chargeability areas except those listed.

The employment-based second preference cut-off date for China is 10/22/07 and 09/01/04 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.

VISA Bulletin - November 2012

October 16, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the November 2012 Visa Bulletin.

The November 2012 Visa Bulletin shows employment based second preference (EB-2) as oversubscribed and employment based third preference (EB-3) visas are also listed as oversubscribed. EB-2 is current for all chargeability areas except those listed.

The employment-based second preference cut-off date for China is 09/01/07 and 09/01/04 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.

OCTOBER 2012 VISA Bulletin

September 12, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the October 2012 Visa Bulletin.

The October 2012 Visa Bulletin shows employment based second preference (EB-2) as oversubscribed and employment based third preference (EB-3) visas are also listed as oversubscribed.

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

MVP "Immigration Q & A Forum" - This Friday, September 14, 2012

September 10, 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, 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.

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

August 27, 2012

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

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

Our next “Q & A Forum” will take place this Friday, August 31, 2012. Act now and submit your questions!

THANK YOU!

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

SEPTEMBER 2012 VISA Bulletin

August 14, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the September 2012 Visa Bulletin.

The September 2012 Visa Bulletin shows employment based second preference (EB-2) as oversubscribed with no numbers presently available in the EB2 classification for China and India. Employment based third preference (EB-3) visas are also listed as oversubscribed.

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.

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

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

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

August 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, 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.

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

July 30, 2012

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

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

Our next “Q & A Forum” will take place this Friday, August 3, 2012. Act now and submit your questions!

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, July 20, 2012

July 20, 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 – 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.

Our next “Immigration Q & A Forum” is scheduled for Friday, August 3rd, 2012!

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

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

July 16, 2012

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

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

Our next “Q & A Forum” will take place this Friday, July 20, 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.

AUGUST 2012 VISA BULLETIN

July 11, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the August 2012 Visa Bulletin.

The August 2012 Visa Bulletin shows employment based second preference (EB-2) as oversubscribed with no numbers presently available in the EB2 classification for China and India. Employment based third preference (EB-3) visas are also listed as oversubscribed.

According to the Visa Bulletin, numbers will be available for China and India Employment Based Second Preference cases beginning October 1, 2012 under the FY2013 numercial limitations. Every effort will be made to return the China and India EB2 cut-off date to the May 1, 2010 date which had been reached in April 2012.

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

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

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

July 3, 2012

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

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

Our next “Q & A Forum” will take place this Friday, July 6th, 2012. Act now and submit your questions!

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, June 22, 2012

June 22, 2012

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


Question #1 – H-1B Nonimmigrant 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.

Our next “Immigration Q & A Forum” is scheduled for Friday, July 6, 2012!

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

JULY 2012 VISA BULLETIN

June 19, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the July 2012 Visa Bulletin.

The July 2012 Visa Bulletin shows employment based second preference (EB-2) as oversubscribed with no numbers presently available in the EB2 classification for China and India. Employment based third preference (EB-3) visas are also listed as oversubscribed.

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

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

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

June 4, 2012

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

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

Our next “Q & A Forum” will take place this Friday, June 8th, 2012. Act now and submit your questions!

THANK YOU!

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

JUNE 2012 VISA BULLETIN

May 11, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the June 2012 Visa Bulletin.

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

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

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

MVP "Immigration Q & A Forum" - This Friday, May 11, 2012

May 7, 2012

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

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

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

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, April 27, 2012

April 27, 2012

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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

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


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

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


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

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


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

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


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

Our next “Immigration Q & A Forum” is scheduled for Friday, May 11, 2012!

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

China-Mainland Born and India EB-2 FY2012 Annual Limit Reached

April 26, 2012

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

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

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

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

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

April 13, 2012

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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

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

MVP "Immigration Q & A Forum" - This Friday, April 13, 2012

April 10, 2012

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

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

Our next “Q & A Forum” will take place this Friday, April 13th, 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.

MAY 2012 VISA BULLETIN

April 9, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the May 2012 Visa Bulletin.

The May 2012 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. The China and India EB-2 cut-off has retrogressed to August 15, 2007.

**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.

DOS Confirms China-Mainland Born and India EB-2 Cut-offs

April 5, 2012

Charlie Oppenheim, Chief of Visa Control at the State Department, has confirmed that, effective March 23, 2012, no further EB-2 visas will be authorized for China-mainland born and India applicants with priority dates of August 15, 2007, or later.

Visa applicants processing in April at consulates abroad will still receive visas, as those numbers were allocated before the cut-off date was established. Mr. Oppenheim understands that USCIS will continue to accept applications for adjustment of status for aliens with priority dates prior to the date established in the April 2012 Visa Bulletin.

China - May 1, 2010
India - May 1, 2010

Those cases with priority dates of August 15, 2007, or later, will be processed by USCIS to the point of approval (pre-adjudicated) and a request for a visa number will be forwarded to Visa Control at DOS to be held in a "pending" file until new visas are available beginning with FY2013 on October 1, 2012.

Source: "AILA InfoNet Doc. No. 12040447 (posted Apr. 4, 2012)"

Predictions on EB-2 Priority Date Movement in FY2012 for China-mainland Born and India

March 29, 2012

Charlie Oppenheim, Chief, Immigrant Visa Control & Reporting in the State Department, provided the American Immigration Lawyers Association (AILA) with further information on priority date movement in the EB-2 category for China-mainland born and India for the remainder of FY2012.

When the May Visa Bulletin is published, the China and India EB-2cut-off will retrogress to August 15, 2007.

Demand is still increasing at a very high rate and must be checked to maintain numbers for natives of other countries. As for projections for the remainder of the year, it is too early to predict movement.

Source: "AILA InfoNet Doc. No. 12032365 (posted Mar. 23, 2012)"

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

March 26, 2012

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

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

Our next “Q & A Forum” will take place this Friday, March 30th, 2012. Act now and submit your questions!

THANK YOU!

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

APRIL 2012 VISA BULLETIN

March 13, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the April 2012 Visa Bulletin.

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

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

MVP "Immigration Q & A Forum" - This Friday, March 16, 2012

March 12, 2012

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 16th, 2012. Act now and submit your questions!

THANK YOU!

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

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

February 27, 2012

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 2nd, 2012. Act now and submit your questions!

THANK YOU!

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

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

February 13, 2012

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, February 17th, 2012. Act now and submit your questions!

THANK YOU!

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

MARCH 2012 VISA BULLETIN

February 9, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the March 2012 Visa Bulletin.

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

**There has been significant forward movement in the EB-2 category for the past 5 visa bulletin issues.

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

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

January 30, 2012

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, February 3rd, 2012. Act now and submit your questions!

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, January 20, 2012

January 20, 2012

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


Question #1 – General
If I do not speak English, when I go to my interview for my visa, will a translator be provided for me or will I need to provide one myself?

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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

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

January 16, 2012

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, January 20th, 2012. Act now and submit your questions!

THANK YOU!

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

FEBRUARY 2012 VISA BULLETIN

January 9, 2012

The Department of State has released its latest Visa Bulletin.

Click here to view the February 2012 Visa Bulletin.

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

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

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

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

January 3, 2012

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, January 6th, 2012. Act now and submit your questions!

THANK YOU!

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

Round-Up of Immigration Related Legislation (October - December 2011)

December 30, 2011

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

Senate Bills

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

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

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

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

House Bills

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

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

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

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

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

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

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

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

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

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

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

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

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

December 23, 2011

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


Question #10 – Temporary Work Visa – TN Visa
What is required to obtain a TN visa at the border? What documents do I need to have to get the visa?

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


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

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

MVP "Immigration Q & A Forum" - This Friday, December 23, 2011

December 19, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, December 23rd, 2011. Act now and submit your questions!

THANK YOU!

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

JANUARY 2012 VISA BULLETIN

December 9, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the January 2012 Visa Bulletin.

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

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

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

MVP "Immigration Q & A Forum" - This Friday, December 9, 2011

December 5, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, December 9th, 2011. Act now and submit your questions!

THANK YOU!

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

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

November 25, 2011

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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

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

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


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

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

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

MVP "Immigration Q & A Forum" - This Friday, November 25, 2011

November 21, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, November 25th, 2011. Act now and submit your questions!

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, November 11, 2011

November 15, 2011

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


Question #1 – Employment Based Immigration – Green Card
I have applied to become a lawful permanent resident of the United States, but I have a family emergency outside of the country. Will I have trouble re-entering the United States upon my return?

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


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

Answer #2
An H-1B is a nonimmigrant Specialty Occupation visa. Specialty Occupations are defined as those that require a theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The H-1B visa allows foreign workers to enter the U.S. and work in a variety of fields ranging from architecture and engineering to teaching and medicine. The H-1B visa offers a wide range of employment possibilities and is a logical first step toward permanent immigration. In order to qualify for H-1B classification, the applicant must have at least a U.S. bachelor’s degree or its foreign equivalent AND the job sought must require at least a bachelor’s degree or its equivalent. This is not a self-petitioning category; therefore the applicant must have a sponsoring employer in the U.S. The period of employment is generally for a period up to three years, and may be extended for up to six years. Extensions may be available beyond the sixth year if green card processing has been initiated on behalf of the individual.

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


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

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

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


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

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


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

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


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

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


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

Answer #7
As of November 2, 2011, there were approximately 14,200 H-1B Regular CAP subject nonimmigrant visas remaining and the H-1B Masters CAP has been reached. USCIS will continue to accept cap-subject petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. Petitions filed on behalf of beneficiaries who have obtained a U.S. master’s degree or higher will be counted against the regular cap once USCIS has received sufficient petitions to reach the advanced degree exemption.


Question #8 – Employment Based Immigration - Green Card
What is AC21 Portability?

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


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

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

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


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

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

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


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

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

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

DECEMBER 2011 VISA BULLETIN

November 14, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the December 2011 Visa Bulletin.

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

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

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

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

November 7, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, the monthly visa bulletin, adjustment applications or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, November 11th, 2011. Act now and submit your questions!

THANK YOU!

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

Round-Up of Immigration Related Legislation (August-October 2011)

November 3, 2011

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

Senate Bills

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

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

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

House Bills

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Source: "AILA InfoNet Doc. No. 11110234 (posted Nov. 2, 2011)"

MVP LAW GROUP – Immigration Q&A Forum, Friday, October 28, 2011

October 28, 2011

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


Question #1 – General
What is PIMS? What is CLAIMS?

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

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


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

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


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

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


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

Answer #4
It is based on country of birth, since you are not from China, India, Mexico or the Philippines, your case would fall under ‘All Chargeability Areas’ and the time period whether from Pakistan or the United Arab Emirates would be the same.


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

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


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

Answer #6
As of October 24, 2011 -
The Office of Foreign Labor Certification provided the following update to the public on its plans for becoming current on issuing prevailing wage determinations:
PERM: Week of October 23, 2011
H-1B: Week of November 6, 2011
H-2B: Week of December 18, 2011
"Current" carries a different meaning in each program. A prevailing wage determination is "current" in the PERM and H-1B programs when it is issued within 60 days of submission. For H-2B prevailing wage determinations, "current" is within 30 days of submission in accordance with the program's regulations. These dates may be subject to change based on actions not anticipated by the Department at this time such as any additional judicial determinations. The PWD appeals are being processed as resources allow with priority being placed on becoming current on initial PWD requests in each of the respective program areas.


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

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


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

Answer #8
Petitions filed on behalf of beneficiaries who have obtained a U.S. master’s degree or higher will be counted against the regular cap once the USCIS has received sufficient petitions to reach the advanced degree exemption.


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

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


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

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


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

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

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

MVP "Immigration Q & A Forum" - This Friday, October 28th, 2011

October 24, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 28th, 2011. Act now and submit your questions!

THANK YOU!

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

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

October 10, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 14th, 2011. Act now and submit your questions!

THANK YOU!

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

NOVEMBER 2011 VISA BULLETIN

October 6, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the November 2011 Visa Bulletin.

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

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

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

September 30, 2011

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


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

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


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

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


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

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


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

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


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

Answer #5
The USCIS has not provided an updated on the receipt of H-1B CAP subject petitions since September 9, 2011. As of September 9, 2011, there were approximately 32,800 H-1B Regular CAP subject nonimmigrant visas remaining and 3,300 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


Question #6 – Employment Based Immigration – Green Card
Has the suspension been lifted for the issuance of Prevailing wage determinations? I am hearing conflicting information on the internet – forums.

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

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

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

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

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


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

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


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

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


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

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


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

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


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

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

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

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

September 26, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 30th, 2011. Act now and submit your questions!

THANK YOU!

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

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

September 16, 2011

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


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

Answer #1
As of September 9, 2011, there were approximately 32,800 H-1B Regular CAP subject nonimmigrant visas remaining and 3,300 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


Question #2 – Employment Based Immigration – Green Card
Does green card processing duration depends on the country of birth or country of nationality? (I am asking this because I am a Pakistani National but born in United Arab Emirates so wanted to know if my processing will take less time or not)

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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

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

October 2011 Visa Bulletin

September 13, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the October 2011 Visa Bulletin.

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

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

MVP "Immigration Q & A Forum" - This Friday, September 16th, 2011

September 12, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 16th, 2011. Act now and submit your questions!

THANK YOU!

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

Round-Up of Immigration Related Legislation (July-August 2011)

August 30, 2011

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

Senate Bills

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

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

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

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

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

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

House Bills

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

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

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

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

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

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

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

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

Source: "AILA InfoNet Doc. No. 11082563 (posted Aug. 25, 2011)"

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

August 29, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 2nd, 2011. Act now and submit your questions!

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, August 19th, 2011

August 19, 2011

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


Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain under the CAP for FY2012 beginning October 1, 2011?

Answer #1
As of August 12, 2011, there were approximately 39,700 H-1B Regular CAP subject nonimmigrant visas remaining and 5,300 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


Question #2 – Family Based Immigration – Green Card
My wife and I, USC, are from El Salvador and we are going for vacation this weekend for a few weeks back to El Salvador. We have an adult child who still lives in El Salvador with his wife and children – we are interested in bringing him over here to the United States. Can you let us know what time period we would be looking at for bringing him over here as a Permanent Resident?

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


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

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


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

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


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

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

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


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

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


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

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

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

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


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

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


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

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


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

Answer #10
You cannot call the USCIS to speed up the processing/issuance of your Green Card. Priority dates were established for this exact purpose. Each individual has a specific priority date which was issued to them when their Labor application was submitted to the Department of Labor (DOL). Only when the applicant’s priority date becomes current will the USCIS begin to process the applicant’s I-485 paperwork and thereafter may issue the Green Card. However, your attorney may contact the USCIS via email on your behalf if your I-485 application was filed through the Texas Service Center (TSC). The attorney may send an email to a specific email address to inform the Service Center that their client’s priority date is current. The “streamline” process was created to provide a mechanism for American Immigration Lawyer Association (AILA) members to facilitate TSC processes relating to the identification of EB I-485 applications.

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

Our next “Immigration Q & A Forum” is scheduled for Friday, September 2nd, 2011!

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

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

August 15, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 19th, 2011. Act now and submit your questions!

THANK YOU!

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

September 2011 Visa Bulletin

August 11, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the September 2011 Visa Bulletin.

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

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, August 5th, 2011

August 5, 2011

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


Question #1 – Employment Based Immigration – Green Card (Biometrics)
I went for ASC fingerprint appointment with my wife. She received code 2 biometrics and I received code 3 biometrics. What do these codes mean?

Answer #1
In order to inform the ASC what data they need the USCIS places a code in the upper right corner of the appointment notice.
Code 1 = Ten (10) fingerprints ONLY
Code 2 = Index fingerprint, Photo and Signature
Code 3 = Ten (10) fingerprints, Index fingerprint, Photo and Signature


Question #2 – Temporary Travel as a Non-Immigrant
For how long can a person stay in US on a Business Visa (B1/B2)?

Answer #2
It depends, normally for a period of 6 months; however, whatever date the Customs and Border Patrol (CBP) stamp on your I-94 card is the length of time you are eligible to remain in the U.S. lawfully.


Question #3 – Employment Based Immigration – Green Card (Biometrics)
My priority date is current – waiting on issuance of GC. Just received second biometrics appointment notice, as first was received back in 2007. Do I have to attend the second appointment?

Answer #3
Yes, you should appear for the fingerprint appointment. If your fingerprints were taken over 15 months ago, they have expired and the USCIS requires a new set in order to continue with the processing of your AOS petition.


Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain under the CAP?

Answer #4
As of July 29, 2011, there were approximately 42,300 H-1B Regular CAP subject nonimmigrant visas remaining and 6,200 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


Question #5 – Employment Based Immigration – Green Card (Biometrics)
Can I appear for the biometrics before the date printed on the notice which is Aug 18? Few of my friends have managed to get it done much before the date printed on the notice so I wanted to ask you if its okay to take a chance?

Answer #5
There are procedures and policies set in place by the USCIS so that petitions are adjudicated and processes are completed in a timely manner. The USCIS has scheduled the appointment for the date listed due to their tremendous workload at the present time. We recommend that you attend the biometrics as scheduled. Please be aware that the USCIS has the discretion to turn you away if you do attempt to have your fingerprints taken outside of the time listed on your appointment notice.


Question #6 – Temporary Work Visas – H-1B Nonimmigrant Visa
I recently got a new project in Redmond, Washington. I will be working at a client in Redmond. I have a certified LCA for my location in Boise, Idaho which was filed with my H1B petition. Does my employer need to file a new labor for Redmond, WA? If so can you guide me and my employer in filing labor in a new state?

Answer #6
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 must be submitted to the Department of Labor (DOL), as well as an amended petition 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 #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am in the process of transferring employers and I don’t know if I can get a hold of an ‘end client letter’. Can we submit my petition without the end client letter?

Answer #7
You may submit the case without the end client letter; however, you most likely will receive a request for additional evidence (RFE) asking for an end client letter, which will further delay the approval. The most important thing the USCIS wants to see when filing an H-1B petition for third party placement is the contractual placement of the beneficiary and the establishment of a bona fide employer-employee relationship. They want to make sure that the duties the employee will be engaged in at the third party client site are ‘specialty occupation’ duties, and the end client letter attests to that exact information. This was not always the case; however, now a days, there are a lot of companies that take advantage of the H-1B program and place applicants at third party sites and do not retain any employment relationship with them, so much so that the USCIS released a memo back in January of 2010 indicating the acceptable documents to establish the legitimacy of the third party placement. Therefore, in order to obtain an approval, you have to document the above information – ‘contractual placement’ of the applicant and that the ‘bona fide employer-employee relationship’ will continue to exist throughout the requested period.

Helpful Resources:
USCIS Memo - January 8, 2010
USCIS Q&A Guidance


Question #8 – Visa Bulletin
Where do I find the visa bulletin?

Answer #8
The Department of State's Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.
To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address: listserv@calist.state.gov and in the message body type: Subscribe Visa-Bulletin First name/Last name (example: Subscribe Visa-Bulletin Sally Doe)


Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
My last name has been omitted from form I-129 receipt notice. All my paperwork and G-28 had both my first and last name spelled correctly. Last Name omitted on I-129 receipt, what do I need to do now?

Answer #9
You will need to contact the USCIS National Customer Service number (1-800-375-5283) and speak with a Representative to request that the mistake be corrected, so that your I-129 Approval notice (Form I-797) will provide your first and last name.


Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
I need to renew my H-1B visa. I have my H-1B visa since 2003.I already filed for my green card. Currently, I'm at the last step waiting for I-485 approval. My I-140 has been approved. I have my EAD. I spoke with my employer, they are willing to sign the paperwork and renew my H-1B. However, they are not willing to pay for the attorney fee and filing fee. Will it be alright for me to pay all the fees (attorney fee + filing fee)?

Answer #10
Absolutely not. The legal fees for the preparation and filing of the H-1B nonimmigrant extension petition should be borne by the Employer. Additionally, the USCIS filing fees shall be borne by the Employer. The H-1B nonimmigrant visa program calls for sponsorship, meaning the Employer must “sponsor” you, meaning pay the necessary fees and support your employment 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, August 19th, 2011!

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

MVP "Immigration Q & A Forum" - This Friday, August 5th, 2011

August 1, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 5th, 2011. Act now and submit your questions!

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, July 22nd, 2011

July 22, 2011

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


Question #1 – Employment Based Immigration – Green Card
My employer appealed my denied labor to BALCA. My employer just got notice that my appeal has been docketed. When will I get a decision?

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


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

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


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

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


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

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

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

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


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

Answer #5
In order for an individual to obtain an immigrant visa, a visa number must be available to you. This is referred to as the priority date being "current." The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department's monthly Visa Bulletin. This Bulletin is accessible at www.travel.state.gov. If there is a backlog in the preference category in which you were filed in, this means, that you must wait until a visa becomes available, until your priority date becomes current. When your priority date becomes current, you may file the I-485 application, but until then, you must wait.


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

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


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

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


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

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


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

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


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

Answer #10
As of July 15, 2011, there were approximately 44,500 H-1B Regular CAP subject nonimmigrant visas remaining and 7,200 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


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

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

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

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

July 18, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, July 22nd, 2011. Act now and submit your questions!

THANK YOU!

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

August 2011 Visa Bulletin

July 12, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the August 2011 Visa Bulletin.

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

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

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

Round-Up of Immigration Related Legislation (June 2011)

July 11, 2011

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

Senate Bills

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

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

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

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

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

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

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

House Bills

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

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

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

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

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

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

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

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

Source:"AILA InfoNet Doc. No. 11070672 (posted Jul. 6, 2011)"

MVP LAW GROUP – Immigration Q&A Forum, Friday, July 8th, 2011

July 8, 2011

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


Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
My company is considering merging with another company, if we do merge, will we need to file amended petitions for each nonimmigrant worker to remain in compliance? I will still remain head 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 #1
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 #2 – Naturalization/Citizenship
What are the eligibility requirements to apply for naturalization?

Answer #2
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 #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
If one has an approved I-140 can employer still have the discretion not to renew one's H1B? Or are they bound by law to petition working visas until one gets the green card?

Answer #3
The employer has the ultimate discretion not to renew/extend an applicant’s H-1B. If the employer no longer wishes to employ the applicant, has decided to terminate the applicant, he may do so; however, if the beneficiary is terminated or otherwise released early, the employer is responsible for paying the associated transportation costs for the beneficiary’s return to his home country.


Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H-1B nonimmigrant visas remain under the CAP?

Answer #4
As of July 1, 2011, there were approximately 46,600 H-1B Regular CAP subject nonimmigrant visas remaining and 8,100 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


Question #5 – Employment Based Immigration – Green Card
I got my I-140 petition approved. Next step is to apply for AOS. What kind of document I need to have for AOS application?

Answer #5
In order to apply for AOS, your priority date needs to be current, once your priority date is current, you may be able to file the Form I-485, Application to Adjust Status to Permanent Resident along with the Form I-765, Application for Employment Authorization and Form I-131, Application for Travel Document. There are numerous background documents that will need to be submitted along with your petition, specifically, a sealed medical examination from a civil surgeon in your area, birth certificates, copies of federal tax returns, bank statements, and an employment verification letter, among other documents.


Question #6 – Employment Based Immigration – Green Card
I have a question about the work. Can I directly work for my own company now because my I-485 is approved and waiting for getting the Green card? (The card already produced and mailed).

Answer #6
Although the regulations are silent on the issue, our office recommends that you remain with the company that sponsored your Green Card for at least 6 months before moving to a new company or beginning to work for your own. We recommend this frame for applicants interested in applying for Citizenship down the line, as to avoid any unnecessary questions concerning your intent and previous employment.


Question #7 – Employment Based Immigration – Green Card
I have a US green card, but I came to India without filling re-entry permit form as due to recession time not getting jobs even in three months, can I fill from it on India?

Answer #7
If you have a US Green Card, you do not have the have a re-entry permit (the green card itself is your authorization to be in the US), you have the status of a Lawful Permanent Resident and may enter and exit the country based on your U.S. Green Card. Re-entry documents are requested by applicants when their Adjustment petitions (I-485) are pending with the USCIS. Therefore, once you obtain a U.S. Green Card, you are allowed to travel inside and outside the U.S. without having a re-entry permit (Advance Parole document).


Question #8 – Employment Based Immigration – Green Card
I have an approved I-140 petition and wish to file my I-485. I am currently on H-1B and my wife, H4. She wants to be able to work so we would like to file 485 and obtain EAD documents. My lawyer says I must wait for my priority date to become current. Please explain for me what “priority date becoming current” means? I filed in EB2 category from China.

Answer #8
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. Currently, there is a backlog in the Employment-Based Second Preference (EB-2) category, which is the category 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.

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


Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
My I-140 was denied and my employer has appealed the decision. My H1 is due to expire next May 2011 as I am currently in my 6th year. Can we apply for H1 extensions based on my pending I-140 appeal? If yes, for 3 years or for 1 year?

Answer #9
Under AC21, yes you may be eligible to file an H-1B extension beyond the six year period if you appealed the denied I-140 in a timely manner (before the deadline). An applicant is eligible to file for H-1B one-year extensions if they have a pending I-140 appeal at the Administration Appeals Office (AAO).


Question #10 – General
How and when do I obtain a Social Security Card?

Answer #10
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.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, July22nd, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

MVP "Immigration Q & A Forum" - This Friday, July 8th, 2011

July 5, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, July 8th, 2011. Act now and submit your questions!

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, June 24th, 2011

June 24, 2011

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


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

Answer #1
As of June 17th, 2011, there were approximately 48,700 H-1B Regular CAP subject nonimmigrant visas remaining and 9,200 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our www.h1bvisalawyerblog.com.


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

Answer #2
You cannot call the USCIS to speed up the processing/issuance of your Green Card. Priority dates were established for this exact purpose. Each individual has a specific priority date which was issued to them when their Labor application was submitted to the Department of Labor (DOL). Only when the applicant’s priority date becomes current will the USCIS begin to process the applicant’s I-485 paperwork and thereafter may issue the Green Card.


Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
A couple of our employees are nearing their 6th year on H-1B visa status, and they have approved I-140s in the EB2 category filed by different companies. Can we use those approved I-140s to get three year extensions with our company?

Answer #3
Yes. Pursuant to AC21 law, an H-1B immigrant may extend his or her status beyond the 6 year limitation if a labor certification, I-140, or employment based adjustment of status application has been filed where 365 days or more have elapsed since the filing of the labor certification or I-140. Or, where the H-1B immigrant has an I-140 petition which has been approved under the employment based green card and the AOS/485 is pending due to the unavailability of visa numbers.


Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
How long can we continue to request three year extensions based on an approved I-140 when the applicant has exhausted his time on H-1B status?

Answer #4
You will be able to continue to request extensions up to a three year period until a visa number becomes available for the applicant pursuant to AC21 law.


Question #5 – Employment Based Immigration – Green Card
Last time I gave fingerprints was when I filed I-485 back in 2007. The fingerprints that the USCIS have on file may have expired. Should I take an appointment to give them a new set of fingerprints?

Answer #5
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 #6 – Employment Based Immigration – Green Card
My daughter received her green card and her birthdate is incorrect on the card. How can I fix this?

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


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

Answer #7
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 #8 – Temporary Work Visas
What is the grace period on an O-1 extension? I reside in New York, my current O1 visa expires on 7/25/2011 and I’ve filed for an extension on 4/17/2011. I have received a receipt notice.

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


Question #9 – 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 #9
Although the USCIS processing times may state 2 months, you have to factor in that when it is posted, that data is already 45 days old. Also, due to the FY2011 H-1B CAP still being available, the USCIS is busy with attempting to adjudicate change of status petitions, extensions and transfers all within the same processing times. Although this explanation is not an excuse, I just want you to be aware of the background with the processing times for the H-1B nonimmigrant visa.


Question #10 – Employment Based Immigration – Green Card
Regarding changing jobs, is there a recommended wait time after the green card that I can change employers. On the EAD there was a 6mth after which I could do this, but was wondering after the GC if there is any such thing. Appreciate your answer.

Answer #10
Although the regulations are silent on this issue, we recommend that you wait at least six (6) months before changing your employer to avoid issues if you intend on applying for citizenship when you become eligible.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, July 8th, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

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

June 20, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, June 24th, 2011. Act now and submit your questions!

THANK YOU!

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

July 2011 Visa Bulletin

June 9, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the July 2011 Visa Bulletin.

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

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

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

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

June 6, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, June 10th, 2011. Act now and submit your questions!

THANK YOU!

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

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

May 23, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, May 27th, 2011. Act now and submit your questions!

THANK YOU!

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

June 2011 Visa Bulletin

May 13, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the June 2011 Visa Bulletin.

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

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

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

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

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

May 9, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, May 13th, 2011. Act now and submit your questions!

THANK YOU!

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

MVP "Immigration Q & A Forum" - This Friday, April 29th, 2011

April 25, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, April 29th, 2011. Act now and submit your questions!

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, April 15, 2011

April 15, 2011

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


Question #1 – Employment Based Immigration – Green Card
I always check the visa bulletin and the movement varies. One time, there was a 3 month movement and the next time it was just 22 days, then a month. Why is that so?

Answer #1
Each month, the State Department issues the visa bulletin, usually in the middle of the month. When the bulletin is issued, it will provide information that will take effect on the first day of the following month. Depending on the availability of immigrant visas, the priority dates in each category and for each country can change each month. However, please note that the priority dates can also stay the same. They can move very slowly or progress by several months or years. They can move forward or backward. Therefore, there is no way to anticipate what the priority date will be in a future month or when a category will become current.


Question #2 – Employment Based Immigration – Green Card
My priority date (I am an Indian under EB-3) is September 2010, when do you think I will become current?

Answer #2
The State Department is currently processing applications that were filed back in 2002. Therefore, I believe you have quite a long wait ahead of you.


Question #3 – Employment Based Immigration – Green Card
After my priority date becomes current, when is my spouse able to get a working permit?

Answer #3
Your spouse will be able to get a working permit once the I-765, Employment Authorization application is approved with the USCIS. Once approved, your spouse will receive an EAD card and will be able to begin working. You will file the I-485 application along with the I-765 application and I-131, Advance Parole application if requested.


Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
My I-140 is pending for approval and might come out this August 2011. The end of 6th is on June 20, 2012. If I am going to renew my visa beyond the 6th year and my I-140 gets approved, will I be counted towards the 65,000 cap or am I already guaranteed a slot because my perm has been filed?

Answer #4
You will be eligible for an extension beyond the 6th year due to the unavailability of visa numbers. Under AC21 law, where an H1B immigrant has an I-140 petition which has been approved under an employment based preference category and the AOS/485 is pending due to the unavailability of visa numbers, they are eligible for a three year extension to extend H-1B nonimmigrant visa status.


Question #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
How many H1 nonimmigrant visas are left?

Answer #5
As of April 7, 2011, there were approximately 59,100 H-1B Regular CAP subject nonimmigrant visas remaining and 15,500 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2012 H-1B Cap updates, please refer to our h1bvisalawyer blog.


Question #6 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am planning on traveling to Canada in a few weeks for personal travel. I heard that when I attempt to come back to the US, Customs may change my I-94 expiration date. Is this true?

Answer #6
Although you may have a valid visa that was approved by the USCIS, the Customs and Border Patrol (CBP) Officers operate under their own set of rules. If you have legitimate/bona fide paperwork evidencing your employment and a valid work visa or other proof of your eligibility to be in the US when you attempt to cross the border from Canada to the United States, the CBP Officer should stamp the new I-94 with the expiration date of your current valid visa.


Question #7 –Employment Based Immigration, Green Card
I have an approved I-140 petition and wish to file my I-485. I am currently on H-1B and my wife, H4. She wants to be able to work so we would like to file 485 and obtain EAD documents. My lawyer says I must wait for my priority date to become current. Please explain to me what “priority date being current” means? I filed in EB2 from China.

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. Currently, there is a backlog in the Employment-Based Second Preference (EB-2) category, which is the category you were filed in. This means, that you must wait until a visa becomes available, until your priority date becomes current. When your priority date becomes current, you may file the I-485 application, but until then, you must wait.


Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa

I am not sure what is going on. I have an H-1B application pending since June 2010, no RFE issued yet. Can I contact USCIS and make a service request for them to look further into the case and why it is taking so long. Is it true?

Answer #8
For a pending I-129 petition, the Petitioner/Authorized Representative or an Attorney for the Petitioner/Applicant should contact the USCIS National Customer Service Center, which can be reached at 1-800-375-5283, to initiate the service request for a petition that is outside of the normal processing time.

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


Question #9 – Employment Based Immigration, Green Card
We filed a labor application and it was approved for an industrial engineer. We have yet to receive the certified labor in the mail and wish to move to the next step, filing the I-140 because the applicant can file I-485 concurrently. What can we do?

Answer #9
Generally, there are two options available to you; however, both are rather similar. The recommended route is to file the I-140 petition with a request that the United States Citizenship and Immigration Service (USCIS) obtain the certified Labor from the Department of Labor (DOL) itself. The other option is to write a letter to the DOL notifying them that the USCIS will be requesting the certified Labor from them directly for purposes of filing the I-140 petition.


Question #10 – Temporary Work Visa - H-2B Nonimmigrant Visa
What is the H-2B temporary visa? Does your firm work with these types of visas?

Answer #10
The H2B working visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. temporarily and engage in nonagricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence. To qualify for an H-2B visa, you must have a valid job offer from a U.S. employer to perform temporary or seasonal nonagricultural work and proof of intent to return to your home country on expiration of the visa.

The limitations of the H-2B visa are that the job must be temporary in nature and the need must be for one year or less, the employer's need may not be ongoing or continuous. The employer has the burden of establishing the facts necessary to support a finding that the need is a one-time occurrence, seasonal, peak load or intermittent need. H-2b time counts whether you are in the U.S. or abroad, and H-2b dependents may not work in the U.S. For more specific information on the H2B nonimmigrant visa, please contact our office to schedule a telephone or in-person consultation.


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 29th, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

May 2011 Visa Bulletin

April 11, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the May 2011 Visa Bulletin.

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

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

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

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

April 11, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, April 15th, 2011. Act now and submit your questions!

THANK YOU!

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

UPDATE: What Happens If The Government Shuts Down?

April 8, 2011

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

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

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

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

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

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

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

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

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

What Happens If The Government Shuts Down?

April 8, 2011

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

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

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

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

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

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

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

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

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

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

REMINDER - Submit Your Questions

March 28, 2011

MVP "Immigration Q & A Forum" - This Friday, April 1st, 2011

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

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

Our next “Q & A Forum” will take place this Friday, April 1st, 2011. Act now and submit your questions!


THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, March 18, 2011

March 18, 2011

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


Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
As an employer, how do I qualify to file an exempt H-1B nonimmigrant petition with the USCIS?

Answer #1
There are three categories that are exempt from the annual cap, those categories are the following:
1. The Petitioner is an institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a);
2. The Petitioner is a nonprofit organization or entity related to or affiliated with an institution of higher education, as such institutions of higher education are defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a);
3. The Petitioner is a nonprofit research organization or a governmental research organization, as defined in 8 CFR 214.2(h)(19)(iii)(C).


Question #2 – Employment Based Immigration - Green Card
I am currently in the process of filing my I-140 and I-485 concurrently, I was wondering if I could also apply for an Employment Document (EAD) and Advance Parole at the same time?

Answer #2
Yes, you may apply for an Employment Document (EAD), Form I-765 at the time of filing the I-485, Adjustment of Status Application or at a later date. You may also apply for Advance Parole (AP), Form I-131 at the time of filing the I-485 application or at a later date. If you are unsure and do not wish to apply for the EAD or AP at the time of filing the I-485 Application, as long as you have the I-485 receipt notice, you may apply for EAD and/or AP at any time thereafter.


Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
What types of questions are asked during the H1-B visa application interview process?

Answer #3
There are several types of questions asked during the H-1B visa interview. During the interview the Immigration Officer is free to ask any questions regarding the applicant’s educational background, experience, the sponsoring employer, and any information contained in the submitted H-1B petition.


Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can more than one (1) employer file a temporary (part-time) H1B visa application on my behalf at the same time? For a part time H1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

Answer #4
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 #5 – Temporary Work Visa – H-1B Nonimmigrant Visa
I know one of the requirements for the H1-B visa is at least a bachelor’s degree, but what is the foreign equivalency of U.S. bachelor’s degree?

Answer #5
The foreign equivalency of a U.S. Bachelor’s degree is any foreign degree that is equal to at least 120 credit hours from an accredited U.S. academic institution.


Question #6 – Employment Based Immigration – Green Card
My priority date is current. How long do I have to wait, we’ve already waited 5+ years for our green cards. Do you suggest I call USCIS and make a service request to make sure they have everything and to speed up the issuance of my card?

Answer #6
Normally when priority dates become current according to the Visa Bulletin, it takes anywhere from 30-90 days to complete the processing of the I-485 before issuing the Green Card to the primary applicant and his/her derivatives, unless issues arise during the process. You may check on the status of your case by calling the USCIS at 1-800-375-5283 every thirty days, but no sooner than that.


Question #7 – Temporary Work Visa – E-1 Treaty Trader
How long can I stay in the US on an E-1 visa and can I apply for an extension?

Answer #7
E-1 Visa holders are generally admitted for a period of 2 years and extensions can be obtained.


Question #8 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have exhausted my 6 years on H-1B visa and returned to my home country. I have been here for 180 days; can I now apply for a new H-1B visa under the cap opening on April 1, 2011 to return to U.S.? Please let me know so we can move forward immediately.

Answer #8
According to the regulations, once you have exhausted the 6 year limit on H-1B, you must return to your home country for one (1) year – 365 days, before you can petition again for an H-1B nonimmigrant visa. Therefore, under the facts you have presented, you must wait another 185 days before you are eligible to petition for a new H-1B nonimmigrant visa.


Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
My OPT is expiring soon and my H1B application was denied because a connection couldn’t be made between my major and my work. If, in the future I want to return to the US on H1B, is that possible or will the problem with my major still prevent me? Do I need to get an MBA to solve this?

Answer #9
It is possible, as long as there is a correlation between the degree you earned and the work that you do for the employer. The position must require at least a Bachelor’s degree in a specific field, or may list several fields and you must possess at least a Bachelor’s degree in that specific field or a related field. It is possible; I would not dismiss the opportunity. On another note, if you would like to pursue your MBA, you should.


Question #10 – Temporary Work Visa – H-1B Nonimmigrant Visa
My OPT Extension Period ends on July 15, 2011 also my student visa expires on the same day. Do I have to apply for H1 this year or can I apply next year?

Answer #10
If your employer wishes to continue your employment, they should file an H-1B petition on your behalf under the FY2012 Cap which opens on April 1, 2011. Employment does not begin until October 1, 2011; if however, the CAP is reached this year on April 1, 2011 or within a few days thereafter, you will not be able to petition again until next year and will begin to accrue unlawful status unless you transfer to another nonimmigrant visa status or return to your home country once your OPT expires. Therefore, filing for an H-1B visa this year in April would be the best situation for you.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, April 1st, 2011! Please remember to submit your questions/comments on our h1bvisalawyer blog.

REMINDER - Submit Your Questions

March 14, 2011

MVP "Immigration Q & A Forum" - This Friday, March 18th, 2011

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

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

Our next “Q & A Forum” will take place this Friday, March 18th, 2011. Act now and submit your questions!

THANK YOU!

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

April 2011 Visa Bulletin

March 10, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the April 2011 Visa Bulletin.

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

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

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

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

March 4, 2011

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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

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

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


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

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


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

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


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

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

REMINDER - Submit Your Questions

February 28, 2011

MVP "Immigration Q & A Forum" - This Friday, March 4th, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, March 4th, 2011. Act now and submit your questions!

THANK YOU!

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

REMINDER - Submit Your Questions

February 15, 2011

MVP "Immigration Q & A Forum" - This Friday, February 18th, 2011

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, February 18th, 2011. Act now and submit your questions!

THANK YOU!

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

March 2011 Visa Bulletin

February 14, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the March 2011 Visa Bulletin.

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

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

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

February 2011 Visa Bulletin

January 12, 2011

The Department of State has released its latest Visa Bulletin.

Click here to view the February 2011 Visa Bulletin.

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

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

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

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

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, January 7th, 2011

January 7, 2011

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

Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Is the H1B CAP still available?

Answer #1
As of December 31st, there were approximately 7,700 H-1B Regular CAP subject nonimmigrant visas remaining. As of December 31, 2010 a sufficient number of Masters CAP cases have been received by the USCIS. USCIS will continue to accept cap-subject petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to www.mvp.com.


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

Answer #2
You cannot call the USCIS to speed up the processing/issuance of your Green Card. Priority dates were established for this exact purpose. Each individual has a specific priority date which was issued to them when their Labor application was submitted to the Department of Labor (DOL). Only when the applicant’s priority date becomes current will the USCIS begin to process the applicant’s I-485 paperwork and thereafter may issue the Green Card.


Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
I have exhausted my 6 years on H-1B visa and returned to my home country. I have been here for 180 days; can I now apply for a new H-1B visa under the current cap to return to U.S.? Please let me know so we can move forward immediately.

Answer #3
According to the regulations, once you have exhausted the 6 year limit on H-1B, you must return to your home country for one (1) year before you can petition again for an H-1B nonimmigrant visa.


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

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


Question #5 – Marriage Based Immigration – Conditional Permanent Resident
I would like to know the procedure for removing conditions. When can I file? I’m married to a U.S. Citizen and my conditional green card is set to expire in May 2011.

Answer #5
You can file to remove the conditions 90 days prior to the expiration of your second anniversary as a conditional resident. It is very important that you file Form I-751 (Petition to Remove the Conditions on Residence) within the 90 day window of time. If you file too early, the USCIS will send your application back. You may file at any time during the 90 day window, but it is suggested that you file fairly early in the window. If you fail to properly file Form I-751 within the 90 day period, your conditional resident status will automatically be terminated and the USCIS will order removal proceedings against you and a hearing will be conducted where you will be given the opportunity to rebut the government’s allegations against you.


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

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


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

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


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

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


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

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

The normal process for H-1B sponsorship starts when you or your employer contacts our office to initiate the process. You or your employer would contact our office, sign a legal agreement detailing the legal fees associated with the preparation and filing of the H-1B visa petition, you would then complete the H-1B questionnaire, and send all requested background documents to our office to begin the process. Once the legal payment, the completed questionnaire and background docs have been received in our office, we would be able to begin preparing your case. Once your forms have been prepared and thoroughly reviewed, we email the final documents to your sponsoring employer for their review and signatures. These forms must then be returned to our office with the requisite USCIS filing fees, and will be filed on your behalf with the USCIS. Upon receipt of the H-1B petition, the USCIS will issue a receipt notice containing a specific number which will allow you to monitor your case while it is being processed.


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

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

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


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

Our next “Immigration Q & A Forum” is scheduled for Friday, January 21st, 2011! Please remember to submit your questions/comments on our h1bvisalawyerblog.

REMINDER - Submit Your Questions

January 3, 2011

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, January 7th, 2011. Act now and submit your questions!

THANK YOU!

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

REMINDER - Submit Your Questions

December 13, 2010

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, December 17th, 2010. Act now and submit your questions!

THANK YOU!

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

January 2011 Visa Bulletin

December 10, 2010

The Department of State has released its latest Visa Bulletin.

Click here to view the January 2011 Visa Bulletin.

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

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

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

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

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

REMINDER - Submit Your Questions

November 29, 2010

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, December 3rd, 2010. Act now and submit your questions!

THANK YOU!

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

MVP LAW GROUP – Immigration Q&A Forum, Friday, November 19th, 2010

November 19, 2010

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


Question #1 – Employment Based Immigration, Green Card
My case was filed in Oct 2005 and it is current and still waiting. I tried opening Service Request and took InfoPass as well. I got InfoPass appt yesterday in local VA office. They were not able to tell me about my case only that it is still under review at the local Baltimore office where it was transferred to in August 2009. Please let me know what I need to do?

Answer #1
I would suggest making another InfoPass appointment at the local Baltimore, MD office to determine the status of your pending case as this is where your case is presently pending. Taking an InfoPass appointment may help you to determine if any additional documents are needed in order for the USCIS Officer to finish the processing of your case so that a decision can be made.


Question #2 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am not sure what is going on with my pending H-1B application, been pending since July 2010, no RFE issued yet. I heard that I can contact USCIS and make a service request for them to look further into the case and why it is taking so long. Is this true? How do I do it?

Answer #2
For a pending I-129 petition, the Petitioner/Authorized Representative or an Attorney for the Petitioner/Applicant should contact the USCIS National Customer Service Center, which can be reached at 1-800-375-5283, to initiate the service request for a petition that is outside of the normal processing time.

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


Question #3 – Temporary Work Visa – H-1B Nonimmigrant Visa
For a part time H-1B worker, what is the minimum number of hours per week and days per week of work required to be eligible for maintaining the part-time H1B visa status?

Answer #3
40 hours + per week would be considered a full time employee, therefore, anything less than 40 hours per week would be considered part-time. The regulations do not provide a minimum number of hours per week or days per week to be considered a part time H-1B worker. The I-129 petition and certified LCA must cover the jurisdiction of employment, hours per week and pay per hour. If the position becomes full time, an amended H-1B petition would need to be filed with the USCIS.


Question #4 – Temporary Work Visa – H-1B Nonimmigrant Visa
Is the FY 2011 CAP still available or must I wait until April 1, 2011 to submit a new H-1B?

Answer #4
As of November 12, 2010, there were approximately 17,200 H-1B Regular CAP subject nonimmigrant visas remaining and approximately 2,600 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to www.mvp.com.


Question #5 – Employment Based Immigration – Green Card
My spouse and children have received their Green Cards but I have not yet received mine. I filed for our GCs through my employer. Is there a problem with the processing of my case? Could my case have been denied? What do I need to do? Any guidance is appreciated.

Answer #5
Based on the small amount of information provided, it seems like there may just be an issue with the issuance/mailing of your Green Card. Your husband and children 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 spouse and children 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 45 days from the date your spouse and children received their Green Cards by calling 1-800-375-5283.


Question #6 – General – USCIS Filing Fees
When do the new USCIS filing fees go into effect?

Answer #6
The new fee schedule goes into effect Nov. 23, 2010. Applications or petitions postmarked
or otherwise filed on or after this date must include the new fee, or they will be rejected. The new fee schedule increases application and petition fees by an average of about 10 percent
but does not increase the naturalization application fee.


Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
My H1B visa got approved in 2009 which was filed by another company. I did not get a chance to travel to USA and even my visa is not stampted. Now I am with other employer. Can I transfer my H1B to this new employer?

Answer #7
The safest option to utilize at this point given the facts as you have provided is to file a new H-1B petition. Transfers and Extensions do not apply in this scenario because you have never entered the U.S as an H-1B nonimmigrant. Once the petition is filed and approval received, you would need to attend the Consulate interview and if all goes well, you would be able to then travel to the U.S. and after speaking with CBP, enter as an H-1B nonimmigrant visa holder.


Question #8 – General – Employment Based Immigration, Green Card
I have an approved I-140 petition and wish to file my I-485. I am currently on H-1B and my wife, H4. She wants to be able to work so we would like to file 485 and obtain EAD documents. My lawyer says I must wait for my priority date to become current. Please explain for me what “priority date becoming current” means? I filed in EB2 category from China.

Answer #8
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. Currently, there is a backlog in the Employment-Based Second Preference (EB-2) category, which is the category 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.

Each month, the State Department issues the visa bulletin, usually in the middle of the month. When the bulletin is issued, it will provide information that will take effect on the first day of the following month. Depending on the availability of immigrant visas, the priority dates in each category and for each country can change each month. However, please note that the priority dates can also stay the same. They can move very slowly or progress by several months or years. They can move forward or backward. Therefore, there is no way to anticipate what the priority date will be in a future month or when a category will become current.
In addition to the above website, you can go to http://immigrationroad.com/green-card-tracker.php and track how many green card applicants are in front of you using your priority date and preference category.


Question #9 – Temporary Work Visa – H-1B Nonimmigrant Visa
I am currently working for a company, but I got an offer from another individual to start a new business with him as an equal partner. I really want to pursue this but am concerned. Would it be better for me to change my status to self employed and apply for the H1B visa for self sponsership?

Answer #9
To put it simply, the H-1B nonimmigrant visa is an employment based temporary nonimmigrant work visa. This means that you must first have a sponsoring employer willing to sponsor you before you may petition for and obtain an H-1B nonimmigrant visa. The H-1B regulations do not allow for self sponsorship.


Question #10 – Employment Based Immigration – Green Card - EAD Renewal
I filed for my EAD renewal back in May 2010 and it is still pending. My current EAD expires in two weeks. Can I expedite the EAD renewal process since my card is expiring soon, can I continue to work with the receipt notice? Can I obtain a temporary EAD to continue working?

Answer #10
If an EAD renewal has been pending for 75+ days, you may initiate an ‘outside the processing times’ Service Request with the USCIS. If you do not receive your EAD approval by the time your current EAD expires, you MUST WAIT and NOT WORK until your EAD is approved and the card is in your hand. You MAY NOT continue to work using the EAD receipt notice as the receipt is not evidence of an approval. There is no such thing as a temporary EAD.

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


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

Our next “Immigration Q & A Forum” is scheduled for Friday, December 3rd, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

December 2010 Visa Bulletin

November 15, 2010

The Department of State has released its latest Visa Bulletin.

Click here to view the December 2010 Visa Bulletin.

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

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

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

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

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

REMINDER - Submit your questions

November 15, 2010

MVP "Q & A Forum" - This Friday, November 19th, 2010

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, November 19th, 2010. Act now and submit your questions!

THANK YOU!

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

REMINDER - Submit your questions

November 1, 2010

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, November 5th, 2010. Act now and submit your questions!

THANK YOU!

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

November 2010 Visa Bulletin

October 13, 2010

The Department of State has released its latest Visa Bulletin.

Click here to view the November 2010 Visa Bulletin.

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

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

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

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

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

REMINDER - Submit your questions

October 11, 2010

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 15th, 2010. Act now and submit your questions!

THANK YOU!

REMINDER - Submit your questions

September 27, 2010

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, October 1st, 2010. Act now and submit your questions!

THANK YOU!

MVP LAW GROUP – Q&A Forum, September 17, 2010

September 17, 2010

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

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

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


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

Answer #2
You cannot call the USCIS to speed up the processing/issuance of your Green Card. Priority dates were established for this exact purpose. Each individual has a specific priority date which was issued to them when their Labor application was submitted to the Department of Labor (DOL). Only when the applicant’s priority date becomes current will the USCIS begin to process the applicant’s I-485 paperwork and thereafter may issue the Green Card. However, your attorney may contact the USCIS via email on your behalf if your I-485 application was filed through the Texas Service Center (TSC). The attorney may send an email to a specific email address to inform the Service Center that their client’s priority date is current. The “streamline” process was created to provide a mechanism for American Immigration Lawyer Association (AILA) members to facilitate TSC processes relating to the identification of EB I-485 applications. The email should only contain the applicant’s A# so the Service Center can efficiently identify and distribute work to the floor.


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

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


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

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


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

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


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

Answer #6
Yes. Pursuant to AC21 law, an H-1B immigrant may extend his or her status beyond the 6 year limitation where the H-1B immigrant has an I-140 petition which has been approved under the employment based green card and the AOS/485 is pending due to the unavailability of visa numbers.


Question #7 – Temporary Work Visa – H-1B Nonimmigrant Visa
Can I still file for an H-1B?

Answer #7
As of September 10, 2010, there were approximately 27,600 H-1B Regular CAP subject nonimmigrant visas remaining and approximately 6,300 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to www.mvp.com.


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

Answer #8
Taken verbatim from the USCIS website - If you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization (EAD) on Form I-765 and/or advance parole (AP) on Form I-131. Accordingly, for a total of $1,010.00 you may submit Form I-485; Form I-765 and Form I-131 to the USCIS for processing. The filing fees are less for applicants 79+, and for children under the age of 14.


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

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


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

Answer #10
According to the regulations governing the H-1B program, when you move to a new location outside of the geographical location listed on the original certified LCA, a new LCA as well as an amended petition must be filed with the USCIS.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, October 1, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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

REMINDER - Submit your questions

September 13, 2010

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 17, 2010. Act now and submit your questions!

THANK YOU!

October 2010 Visa Bulletin

September 10, 2010

The Department of State has released its latest Visa Bulletin.

Click here to view the October 2010 Visa Bulletin.

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

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

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

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

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

REMINDER - Submit your questions

August 31, 2010

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 3, 2010. Act now and submit your questions!

THANK YOU!

MVP LAW GROUP – Q&A Forum, August 20, 2010

August 20, 2010

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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

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


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

Answer #10
As of August 13, 2010, there were 35,300 H-1B Regular CAP subject nonimmigrant visas remaining and 7,700 H-1B Masters Exemption nonimmigrant visas remaining. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. For continuous FY2011 H-1B Cap updates, please refer to our website.


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

Our next “Immigration Q & A Forum” is scheduled for Friday, September 3, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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

REMINDER - Submit your questions

August 16, 2010

MVP "Q & A Forum" - This Friday, August 20, 2010

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 20, 2010. Act now and submit your questions!

THANK YOU!

September 2010 Visa Bulletin

August 12, 2010

The Department of State has released its latest Visa Bulletin.

Click here to view the September 2010 Visa Bulletin.

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

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

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

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

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

REMINDER - Submit your questions

August 2, 2010

MVP "Q & A Forum" - This Friday, August 6, 2010

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 6, 2010. Act now and submit your questions!

THANK YOU!

REMINDER - Submit your questions

July 19, 2010

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, or the new debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, July 23, 2010. Act now and submit your questions!

THANK YOU!

August 2010 Visa Bulletin

July 13, 2010

The Department of State has released its latest Visa Bulletin.

Click here to view the August 2010 Visa Bulletin.

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

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

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

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

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

REMINDER - Submit your questions

July 6, 2010

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

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

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, or the new debate focused on Ending Birthright Citizenship, please do not hesitate to contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, July 9, 2010. Act now and submit your questions!

THANK YOU!

MVP LAW GROUP – Q & A Forum, June 25, 2010

June 25, 2010

Question #1 - Employment Based Immigration – Green Card
I heard if there are quite a few cases between Feb 2005 and October 2005, USCIS staff can work on cases only up to available VISA numbers and once the numbers are consumed, then it could go back to Feb or March 2005 with the next VISA bulletin.
Hence to not to take any chances, I heard we could call them (USCIS) and provide details of our case so that based on first come first call, they would process and issue the GC.

Answer #1
You cannot call the USCIS to speed up the processing/issuance of your Green Card. Priority dates were established for this exact purpose. Each individual has a specific priority date which was issued to them when their Labor application was submitted to the Department of Labor (DOL). Only when the applicant’s priority date becomes current will the USCIS begin to process the applicant’s I-485 paperwork and thereafter may issue the Green Card.


Question #2 - Employment Based Immigration – Green Card (AC-21)
I have an approved I-140 filed by my previous company and they also submitted my I-485 back in 2007. I have since moved onto employment with another company on my EAD. Can I file AC21 Portability letter?

Answer #2
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 #3 – Employment Based Immigration – Employment Authorization Document (EAD)/Advance Parole Document (AP)
My EAD and AP are expiring this year sometime. When is the earliest that I can file my renewal petitions?

Answer #3
According to the USCIS, you can petition for an EAD renewal no more than 120 days in advance of the expiration of your current EAD. For instance, if your current EAD card expires on October 16, 2010, the earliest you can file is on or after June 19, 2010.
According to the USCIS, you can petition for AP renewal no more than 30 days in advance of the expiration of your current AP or the USCIS will issue an RFE requesting your current AP document before issuing a new AP document.


Question #4 – Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
I have vacation plans to go to India in the first week of July 2010. Can we file my H-1B extension petition prior to my leaving? Or can you hold it and file the case after I cross the border?

Answer #4
You may file your H-1B extension prior to your departure; however, unless you upgrade your case to Premium Processing, your vacation plans will need to be delayed. When you have a case pending with the USCIS, you CANNOT leave the United States, as they will interpret it as abandonment of your pending case. Additionally, you may not file a case while outside of the United States; you must be present in the U.S. when filing for Immigration benefits.


Question #5 - Employment Based Immigration – Temporary Work Visas – H-1B Nonimmigrant Visa
I’d like to apply for an H-1B visa under the H-1B CAP. Is the H1B Visa Quota still available for the year 2010?

Answer #5
The H-1B 2010 CAP opened on April 1, 2009 and closed December 25, 2009. The H-1B FY2010 ran from October 1, 2009 until September 30, 2010. FY stands for Fiscal Year. 65,000 visas have already been allocated for FY2010.
The H-1B 2011 CAP opened on April 1, 2010 and is still OPEN. The H-1B FY2011 runs from October 1, 2010 until September 30, 2011. As of June 18, 42,100 visas are still available for FY2011.


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

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


Question #7 – Family Based Immigration – Green Card – Marriage Based (K1)
Is there any type of restrictions on a 'conditional green card”? Once my wife gets her green card, can she travel (internationally)?

Answer #7
Yes, she can travel internationally provided the trip is less than 6 months out of the year. The restrictions are mostly just the time frame, given most GCs are issued for 10 years, they want to make sure at the end of the two (2) years, prior to renewal of the GC, that you are still in a legitimate marriage and that the marriage was not for fraudulent purposes. Once the two (2) years are over and the conditions are removed after she applies to remove them, she will receive a GC valid for 10 years.
Within 90 days of the two-year anniversary of obtaining conditional residence, you and your wife will be required to file a Joint Petition to Remove Conditions on Residence (Form I-751). Once the conditions are removed, your wife will officially have Lawful Permanent Residence in the US.


Question #8 – General
Please explain for me what “priority date becoming current” means? I filed under EB2 category.

Answer #8
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. Currently, there is a backlog in the Employment-Based Second Preference (EB-2) category, which is the category you are being 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.
Each month, the State Department issues the visa bulletin, usually in the middle of the month. When the bulletin is issued, it will provide information that will take effect on the first day of the following month. Depending on the availability of immigrant visas, the priority dates in each category and for each country can change each month. However, please note that the priority dates can also stay the same. They can move very slowly or progress by several months or years. They can move forward or backward. Therefore, there is no way to anticipate what the priority date will be in a future month or when a category will become current.
In addition to the above website, you can go to http://immigrationroad.com/green-card-tracker.php and track how many green card applicants are in front of you using your priority date and preference category.


Question #9 – Student Visa (F1) and Extension of OPT
Our company just enrolled in E-Verify, what documents are needed when applying for the OPT extension?

Answer #9
The interim final rule extends the maximum period of OPT from 12 months to 29 months for F- 1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in U.S. Citizenship and Immigration Services' (USCIS') E-Verify employment verification program. Normally, the OPT extension process would need to be initiated at least 90 days before expiration of the current OPT.

The documents that are needed for the OPT extension are provided below:
• Completed original I-765 Application for Employment Authorization;
• Form I-765 Application fee of $340 USD check or money order made payable to “US. Department of HomelandSecurity”;
• Copy of valid Employment Authorization Document (EAD);
• Copy of ALL passport biographical information pages (including photo, birth date, expiration date). Passports must be valid for at least six months beyond end date of OPT;
• Copy of F-1 visa page or Form I-797: Change of status to F-1 approval notice;
• Copy of I-94 card (front and back);
• Copy of current SEVIS I-20 (pages 1 and 3);
• Copy of National University official transcript or a copy of diploma indicating level and program of study;
• Two U.S.-style passport photos (four recommended);
• Proof of your company’s enrollment in E-Verify.


Question #10 – General
Should my company enroll in E-Verify?

Answer #10
We have posted some articles on our H-1B Visa Lawyer Blog in recent months that may help answer your questions as to enrollment, procedures and other information. Several links have been provided below which: explain the program; provide a link to the website for enrollment, list the Dos and Don’ts of the program, and point out the potential drawbacks of the program.

What is E-Verify?

I-9 Employer Handbook

DOs and DONTS

Potential drawbacks


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

Our next “Immigration Q & A Forum” is scheduled for Friday, July 9, 2010! Please remember to submit your questions/comments on our h1bvisalawyerblog.

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

July 2010 Visa Bulletin

June 11, 2010

The Department of State has released its latest Visa Bulletin.

Click here to view the July 2010 Visa Bulletin.

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

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

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

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

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

June 2010 Visa Bulletin

May 11, 2010

The Department of State has released its latest Visa Bulletin.

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

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

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

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

Click here to view the June 2010 Visa Bulletin.

May 2010 Visa Bulletin

April 12, 2010

The Department of State has released its latest Visa Bulletin.

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

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

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

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

Click here to view the May 2010 Visa Bulletin.

April 2010 Visa Bulletin

March 16, 2010

The Department of State has released its latest Visa Bulletin.

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

Already applied in EB3, thinking about filing in EB2...if you are eligible, contact MVP Law Group toll free at 1-800-447-0796.

Filed in EB3 or EB2 and still waiting...and married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing.
Questions, contact MVP Law Group toll free at 1-800-447-0796.

Click here to view the April 2010 Visa Bulletin.

March 2010 Visa Bulletin

February 9, 2010

The Department of State has released its latest Visa Bulletin.

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

Already applied in EB3, thinking about filing in EB2...if you are eligible, contact MVP Law Group toll free at 1-800-447-0796.

Filed in EB3 or EB2 and still waiting...and married to a U.S. Citizen or Permanent Resident?...you may be eligible to file a Family Based Immigrant Petition for faster processing. Questions, contact MVP Law Group toll free at 1-800-447-0796.

Click here to view the March 2010 Visa Bulletin.

February 2010 Visa Bulletin

January 11, 2010

The Department of State has released its latest Visa Bulletin.

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

Already applied in EB3, thinking about filing in EB2...if you are eligible, contact MVP Law Group toll free at 1-800-447-0796.

Click here to view the February 2010 Visa Bulletin.

January 2010 Visa Bulletin

December 11, 2009

The Department of State has released its latest Visa Bulletin.

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

Click here to view the January 2010 Visa Bulletin.

December 2009 Visa Bulletin

November 12, 2009

The Department of State has released its latest Visa Bulletin. The December 2009 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the December 2009 Visa Bulletin.

November 2009 Visa Bulletin

October 12, 2009

The Department of State has released its latest Visa Bulletin. The November 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the November 2009 Visa Bulletin.

October 2009 Visa Bulletin

September 11, 2009

The Department of State has released its latest Visa Bulletin. The October 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the October 2009 Visa Bulletin.

September 2009 Visa Bulletin

August 11, 2009

The Department of State has released its latest Visa Bulletin. The September 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the September 2009 Visa Bulletin.

August 2009 Visa Bulletin

July 13, 2009

The Department of State has released its latest Visa Bulletin. The August 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the August 2009 Visa Bulletin.

July 2009 Visa Bulletin

June 11, 2009

The Department of State has released its latest Visa Bulletin. The July 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the July 2009 Visa Bulletin

May 2009 Visa Bulletin

April 13, 2009

The Department of State has released its latest Visa Bulletin. The May 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the May 2009 Visa Bulletin.

April 2009 Visa Bulletin

March 9, 2009

The Department of State has released its latest Visa Bulletin. The April 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the April 2009 Visa Bulletin.

March 2009 Visa Bulletin

February 11, 2009

The Department of State has released its latest Visa Bulletin. The March 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the March 2009 Visa Bulletin

February 2009 Visa Bulletin

January 15, 2009

The Department of State has released its latest Visa Bulletin. The February 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the February 2009 Visa Bulletin.

January 2009 Visa Bulletin

December 11, 2008

The Department of State has released its latest Visa Bulletin. The January 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. Click here to view the January 2009 Visa Bulletin.

December 2008 Visa Bulletin

November 12, 2008

The Department of State has released its latest Visa Bulletin. The December 2008 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. Click here to view the December 2008 Visa Bulletin

September 2008 Visa Bulletin

August 13, 2008

The Department of State Released its latest Visa Bulletin today. The September 2008 visa bulletin still shows employment based third preference (EB-3) visas as unavailable while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. The EB-2 priority dates for China and India have moved up to August 1, 2006. Click here to view the September 2008 Visa Bulletin.