H1B Visa Lawyer Blog

February 25, 2015

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

February 24, 2015

USCIS Stakeholder Teleconference with USCIS Director León Rodríguez – 2/25/15

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Wednesday, February 25, 2015 between 3:00 to 4:00pm (EST). The subject of the event will be a “Dialogue with USCIS Director León Rodríguez” and will include his introduction and a Q&A session. León Rodríguez was confirmed by the U.S. Senate in June and sworn in on July 9, 2014, as the new director of USCIS. For more information on this teleconference please review the Meeting Invitation.

Event Information:

DATE: Wednesday, February 25, 2015 TIME: 3:00 – 4:00 pm (EST)

February 20, 2015

MVP LAW GROUP – Immigration Q&A Forum, Friday, February 20, 2015

by Kellie N. Lego

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

Question 1: Employment Based Immigration

Can I change my I-140 from one category to the other without being penalized? I am on EB-3 but want to change to E-B2.

February 19, 2015

Updated Service Center Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 2/11/15 with processing dates as of 12/31/14.

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)

February 18, 2015

Administrative Appeals Office (AAO) Processing Times – 2/1/15

by Kellie N. Lego

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of 2/1/15.

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

Administrative Appeals Office

February 16, 2015

MVP “Immigration Q & A Forum” – This Friday, February 20, 2015

by Kellie N. Lego

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

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

Our next “Q & A Forum” will take place this Friday, February 20, 2015. Act now and submit your questions!

February 13, 2015

CBP Premieres New Welcome Videos for International Air Travelers

by Kellie N. Lego

The U.S. Customs and Border Protection (CBP) process over 100 million international air travelers to the United States each year. They have released four new videos to help improve the international traveler’s experience. These videos are available in many different languages on the CBP web site. Acting Assistant Commissioner for Office of Field Operations, John P. Wagner stated, “These new videos will inform visitors and citizens on CBP procedures so travelers know what to expect prior to arriving in the United States.”

The four videos are:

Know Before You Go – This video provides advice for U.S. citizens traveling abroad.

February 12, 2015

Reminder – Expanded DACA will be available 2/18/15

by Kellie N. Lego

President Obama announced a new series of executive actions related to Immigration on November 20, 2014. The first part of these executive actions, (Expanded) Deferred Action for Childhood Arrivals (DACA) will be available beginning February 18, 2015. The USCIS will begin accepting applications on 2/18/2015 and not any time before. Below is a summary of USCIS’s guidelines for the new program.

(Expanded) Deferred Action for Childhood Arrivals (DACA) program

Who

February 11, 2015

Reminder – FY2016 H1B CAP – Another Very Short Season Expected

by Kellie N. Lego

The Fiscal Year 2016 H-1B season is quickly approaching and has been projected to be another short season. The H1B CAP for FY2015 was reached on April 7, 2014.

Each Fiscal Year (FY), which starts on October 1, 65,000 H-1B visas become available for what is referred to as the “General Cap,” and 20,000 H-1B visas become available for what is referred to as the “Master’s Cap.” Those individuals holding a U.S. Master’s degree or higher may fall within the Master’s Cap; all others fall within the General Cap. The FY H-1B filing season opens six months before each FY, i.e., during the first week in April.

The FY 2016 H-1B Cap season will open on April 1, 2015 with employment beginning October 1, 2015.

February 10, 2015

Visa Bulletin – March 2015

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click here to view the March 2015 Visa Bulletin

As projected by the U.S. Department of State, the March 2015 Visa Bulletin shows the EB2 date for nationals from India moved from 9/1/05 to 1/1/07; the EB3 date for nationals from India made a small movement from 12/22/03 to 1/1/04; the EB2 for Chinese Nationals moved from 3/15/10 to 9/1/10; the EB3 for Chinese Nationals moved from 9/1/11 to 10/22/11; and EB3 for WW moved from 1/1/14 to 6/1/14; and the F2A category moved from 5/8/13 to 6/22/13, except Mexico which moved from 4/22/13 to 5/22/13. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).