H-1B Visa

April 1, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, April 1, 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

If my priority date is June 2008 under the EB-3 category and my H-1B visa will expire in October 2012 (using up my 6 years), should I move to a different company so I can re-file my green card application under EB-2? Or should I wait until I renew my H-1B until 2012 before moving?

March 31, 2011

USCIS will begin to accept H1B Petitions for FY2012 on April 1, 2011

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) will begin to accept H-1B petitions for the FY 2012 cap on April 1, 2011 for employment beginning on October 1, 2011 . Cases are considered accepted on the date USCIS receives a complete application with the fee enclosed, not on the postmarked date.

H-1B nonimmigrant visas are for professional foreign workers with a U.S. bachelor’s degree or its foreign equivalent. Congress allows 65,000 visas to be issued annually to qualifying foreign workers. An additional 20,000 H-1Bs are reserved for professional foreign workers who receive U.S. Master’s degrees. Frequently, employers interested in utilizing the H-1B visa program contact an experienced Immigration Lawyer for a consultation about the process, determine eligibility, discuss applicable lawyer’s fees and filing fees, and so forth.

If an individual works at any of the below entities, their H-1B petition will be considered EXEMPT from the CAP:

March 28, 2011

REMINDER – Submit Your Questions

by Kellie N. Lego

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.

March 18, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, March 18, 2011

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. 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?

March 17, 2011

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 March 14, 2011 with processing dates as of January 31, 2011.

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

March 4, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, March 4, 2011

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. 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?

March 3, 2011

Administrative Appeals Office Processing Times

by Kellie N. Lego

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of March 1, 2011.

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

Administrative Appeals Office

February 28, 2011

REMINDER – Submit Your Questions

by Kellie N. Lego

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.

February 24, 2011

VIBE SnapShot- Validation Instrument for Business Enterprises

by Kellie N. Lego

A new web-based tool called “Validation Instrument for Business Enterprises” (VIBE) is being introduced by the U.S. Citizenship and Immigration Service (USCIS) to enhance the adjudication of certain employment-based immigration petitions.

VIBE functions by compiling basic information about companies/organizations who petition on behalf of alien workers to confirm authenticity. Currently, USCIS uses documentation submitted by the employer to adjudicate the case. When insufficient documentation is submitted, USCIS issues a Request for Evidence (RFE). This request for additional documentation delays the process of adjudicating the petition.

With the new VIBE program in place, USCIS can electronically receive information about the company/organization through an independent provider. Some of the information USCIS will soon be receiving about the petitioner includes: financial standing, number of employees, relationships with other entities, business activities, status, company executives, and date of establishment as an entity.

February 18, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, February 18, 2011

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

Question #1 – Nonimmigrant Visa

Can I travel on my current nonimmigrant visa or do I need to get advance parole?