H-1B Visa

February 15, 2011

REMINDER – Submit Your Questions

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.

February 10, 2011

Administrative Appeals Office Processing Times

by Kellie N. Lego

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of February 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 8, 2011

H-1B Visa Season Quickly Approaching – Get Your H-1B Cases Ready Now To File On April 1 for October 1, 2011 Start Date

by Kellie N. Lego

H-1B Nonimmigrant Visa Petitions should be filed on April 1, 2011 for Fiscal Year 2012, which begins on October 1, 2011 and ends September 30, 2012. The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa petitions for professionals that count against the FY2012 cap on April 1, 2011. These professionals will be eligible to begin H-1B employment on October 1, 2011. In past years, the H-1B cap has been exceeded on the first day, April 1st.

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. Employers petition the United States Citizenship and Immigration Services (USCIS) on behalf of the professional foreign worker beginning six months prior to the beginning of the upcoming fiscal year. Frequently, employers interested in utilizing the H-1B visa program contact an experienced Immigration Business Lawyer for a consultation about the process, determine eligibility, discuss applicable lawyer’s fees and filing fees, and so forth.

If your company is interested in a consultation about this process, CONTACT OUR OFFICE IMMEDIATELY!

February 4, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, February 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 – Temporary Work Visa – H-1B Nonimmigrant Visa

My company petitioned on behalf of a foreign national back in 2008. The national arrived in 2009 and has since obtained her PT license. Back in 2008 we filed her as a PT assistant. Is there anything we need to do now other than file a new LCA?

January 31, 2011

Alternatives to the H-1B Visa for Individuals who did not make the H-1B Quota

by Kellie N. Lego

Now that all of the new H-1B visas for the 2011 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?

Here are some creative solutions to this problem:

O-1 Visa

January 28, 2011

UPDATE – FY2011 H-1B CAP REACHED

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has received sufficient H-1B petitions to reach the statutory cap of 65,000 for FY2010.

New H-1B Petitions filed after January 26, 2011 seeking an employment start date in FY2011 will be rejected by USCIS.

Stay posted to MVP Law Group for H-1B filing specials for the FY2012 H-1B CAP! The CAP will open on April 1, 2011 for employment beginning on October 1, 2011.

January 24, 2011

LATEST UPDATE: H-1B FY2011 CAP COUNT

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of January 21st, 2011 62,800 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

*USCIS will continue to accept REGULAR 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.

January 21, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, January 21st, 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

Is the H-1B FY2011 CAP still open?

January 19, 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 January 14, 2011 with processing dates as of November 30, 2010.

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

January 18, 2011

LATEST UPDATE: H-1B FY2011 CAP COUNT

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of January14th, 2011 60,700 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

*USCIS will continue to accept REGULAR 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.