Articles Posted in H-1B Visa

MVP “Q & A Forum” – This Friday, December 17th, 2010

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.

Peri Software Solutions Inc and its owner, Saravanan Periasamy, were ordered on December 7 to pay $638,449 in back wages with interest to 67 workers for violating provisions of the Immigration Nationality Act by the US Department of Labor related to the H1-B visa.

Peri Software Solutions was additionally ordered to pay $126,778 in civil money penalties with interest for failure to provide, “notice of the filing of labor condition applications at each place where any H1-B worker was to be employed” as well as filing lawsuits against workers who ended their employment early. As a result of the violations, the company is prohibited from participating in the H1-B for one year.

Deputy administrator of the department’s Wage and Hour Division, Nancy Leppink says, “Peri Software not only took advantage of these workers by not properly compensating them, it also violated the part of the law that provides the greatest protection to the American workforce.”

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 December 3rd, 2010, 51,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of December 3rd, 2010, 18,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of December 1, 2010.

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

Administrative Appeals Office

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 H1B CAP still available? If so, can I still file and get accepted before the cutoff?

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 November 26, 2010, 50,400 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of November 26, 2010, 18,400 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

MVP “Q & A Forum” – This Friday, December 3rd, 2010

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.

According to Tyler Cowen, a writer for The New York Times and economics professor at George Mason University, immigration to the US is increasing business activity and therefore creating an increase in jobs. He cites “Immigration, Offshoring and American Jobs” which explains that keeping companies onshore also helps keep low-wage jobs. The study goes on to find an inverse relation between immigration rates and offshoring, as offshoring increases the number of immigrants decrease and vice versa. Immigrant workers actually fill in labor market gaps and are “complementary” to the American business system; this contrasts with common bias that immigrants take away jobs from native US citizens and are detrimental. The study found that Americans and immigrants occupy different areas in the workforce and take different jobs, balancing each other in the labor force. Cowen goes on to explain that we naturally blame others or different groups for problems instead of realizing that machines and technology displace many human workers.

In conclusion, Cowen recommends the sanction of more immigrants coming into the US due to the potential increase in jobs and tax revenue, benefits to Social Security, as well improvement on the country’s overall business.

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 November 19, 2010, 48,977 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of November 19, 2010, 17,836 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

The Form I-129 has been revised by the United States Immigration and Citizenship Service (USICIS) which allows employers to petition for temporary workers under a variety of nonimmigrant visa classifications. Publication of the revisions by USCIS will be available on November 23, 2010.

For 30 days after the publication of the new version or until December 21, 2010, USCIS will accept previous versions of the Form I-129.

Beginning December 22, 2010, USCIS will only be accepting the revised Form I-129 and will decline any request filed with previous versions of the form.

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