OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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

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

Our next “Q & A Forum” will take place this Friday, November 21, 2014. Act now and submit your questions!

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Immigration Policy Center Releases Updated State-by-State Fact Sheets (2014)

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. continues the discussion of Comprehensive Immigration Reform, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Kentucky, Louisiana, Maine & Maryland.

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 11/10/14 with processing dates as of 9/30/14.

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 (CSC)

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The Department of State has released its latest Visa Bulletin.

Click here to view the December 2014 Visa Bulletin

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

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“So if you’re an American, and you see a veteran — maybe with a prosthetic arm or leg, maybe burns on their face — don’t ever look away. Do not turn away. You go up and you reach out, and you shake their hand, and you look them in the eye and you say those words every veteran should hear all the time: “Welcome home, thank you. We need you more than ever. You help us stay strong, you help us stay free.” – President Obama

Excerpt from remarks made by the President of the United States at the American Veterans Disabled for Life Memorial Dedication (10/5/14)

In the United States, Veterans Day is a national holiday which is observed every November 11th. This holiday is set aside to honor all who have served in the U.S. Military.

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The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (10/31/14); 9,574 beneficiaries have been approved and 1,528 are pending for a total of 11,102.

The H-2B cap limit for second half of FY 2015 (April 1 – September 30) is 33,000. As of the last count (10/31/14); 0 beneficiaries have been approved and 0 are pending for a total of 0.

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

Question #1 – H-1B Nonimmigrant Visa

I am on F-1 visa and my OPT EAD will expire on August 15, 2015. My employer is ready to file my H-1B Petition when the H-1B Cap opens. Can I continue to stay in the US and work during the gap period?

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The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Hardwood Floor Installer.”

Upon evaluating the Employer’s Application for Permanent Labor Certification, an Audit was issued. In this Audit Notification, the CO asked the Employer to explain why US workers were rejected. After reviewing the Audit response, the CO denied the labor certification stating the Employer rejected three US applicants for reasons that were not job related. The CO “found the rejections were based on the failure to meet the Employer’s job requirement of having two years of hardwood floor installation experience.” He discovered three of the candidates have other experience in the construction industry that he believed would meet the requirements for the job.

The Employer requested reconsideration and BALCA review. They argued the CO was wrong in judging these three candidates were qualified for the position. Even though the applicants did have experience in “general carpentry/and or construction,” they did not believe this experience was enough to meet the requirements of the Hardwood Floor Installer job. The Employer included a Business Necessity Letter in its Audit response materials. The Employer pointed out that one of the candidates did have skills in hard wood flooring installation but he did not list how he obtained that experience. The employer also provided proof to the CO of letters that they had sent to the US worker applicants asking for them to contact the company with further information on their qualifications. The Employer claimed none of them responded to the letters.

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Immigration Policy Center Releases Updated State-by-State Fact Sheets (2014)

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

As Washington D.C. continues the discussion of Comprehensive Immigration Reform, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on four states at a time. This week we will highlight; Illinois, Indiana, Iowa & Kansas.

Continue reading

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 10/24/14 with processing dates as of 8/31/14.

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 (CSC)

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