Articles Posted in H-1B Cap

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

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

California Service Center

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

Many foreign nationals and their employers have asked when they should start working on H1B 2014 cap-subject cases. The cap filings may be filed as of April 1, 2013. It is vital to file on the first day. Last year, FY13, the H-1B CAP was reached by June 12, 2012. Since it is difficult to predict FY14’s outcome, our recommendation is to file as early as permitted under the law. The law allows H1B cases to be filed up to six months before the requested start date for employment. The first allowable date of employment is October 1, 2013, the first day of FY14.

In order to have a case ready to be filed with the USCIS on April 1st, it is necessary to prepare in advance. To facilitate this, as in past years, MVP Law Group begins accepting and preparing these cases months in advance. If there is an employer / employee match, it is best to start early to avoid the last minute rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached.

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

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

California Service Center

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 29, 2012 with processing dates as of September 30, 2012.

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

California Service Center

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 19, 2012 with processing dates as of August 31, 2012.

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

California Service Center

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 4, 2012 with processing dates as of August 31, 2012.

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

California Service Center

The AILA VSC liaison committee has been informed that the Vermont Service Center is doing its final push to adjudicate all pending FY2013 H-1B cap petitions. The VSC expects to action (i.e. issue approvals, denials, or RFEs) all remaining H petitions for F-1 beneficiaries with cap-gap authorization before the end of September 2012. VSC estimates there are 100 pending H-1B petitions for cap-gap beneficiaries. Approximately 10,000 H-1B cap petitions also remain pending, and VSC anticipates issuing notices of approval, denial, or RFEs for each of these cases by the second week in October.

Source of Information: “AILA InfoNet Doc. No. 12091849 (posted Sep. 18, 2012)”

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on September 13, 2012 with processing dates as of July 31, 2012.

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

California Service Center

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!

The American Immigration Lawyers Association (AILA) Service Center Operations (SCOPS) liaison committee expressed concern to USCIS that the significant delays in adjudicating cap-subject H-1B petitions at the two service centers will cause disruptions for employers who rely on the arrival of new H-1B workers and disruptions for the continued employment of F-1 practical trainees as H-1B workers, on October 1, 2012, initiate, continue, or expand projects. SCOPS replied that USCIS understands AILA’s concerns about the processing times for cap-subject H-1B petitions, including cap-gap and consular notification cases.

Service Center Operations has made adjudication of these cases by October 1st a top priority by adding additional resources as available. USCIS states that service centers are doing their best to adjudicate these cases as soon as possible. AILA thanked SCOPS for that information and alerted them that petitioners are concerned that they will be forced to upgrade to premium processing.

Source of Information: “AILA InfoNet Doc. No. 12090443 (posted Sep. 4, 2012)”

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