H-1B Visa

March 26, 2013

H-1B cap opens April 1st

Don’t forget, MVP Law Group has been accepting cap-subject H1B cases since the beginning of February 2013. Although cap-subject cases cannot be filed before April 1st, there is work to be done preparing a good case for filing. All of this work must be done in advance, so that the H1B petition package can be filed as early as permitted under the law. By beginning early, it is possible to avoid some of the rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached. With the U.S. economy improving and the history of the H1B cap, this could prove to be a short filing season. Contact MVP Law Group and let’s get started!

Note: The H-1B cap for FY2013 was reached by June 11, 2012!

MVP Immigration Blog (1/8/13) Post:

March 20, 2013

USCIS to Accept H-1B Petitions for Fiscal Year 2014 on April 1, 2013

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) announced on Friday, March 15th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

The cap (the numerical limitation on H-1B petitions) for FY 2014 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.

USCIS stated that it is possible that the H-1B cap will be met in the first 5 business days! Also be advised that premium processing for cap-subject H-1B petitions will begin on April 15, 2013. See the USCIS’s Premium Processing section for more details.

March 18, 2013

Important Reminder – H-1B cap opens April 1st

by Kellie N. Lego

Don’t forget, MVP Law Group has been accepting cap-subject H1B cases since the beginning of February 2013. Although cap-subject cases cannot be filed before April 1st, there is work to be done preparing a good case for filing. All of this work must be done in advance, so that the H1B petition package can be filed as early as permitted under the law. By beginning early, it is possible to avoid some of the rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached. With the U.S. economy improving and the history of the H1B cap, this could prove to be a short filing season. Contact MVP Law Group and let’s get started!

Note: The H-1B cap for FY2013 was reached by June 11, 2012!

MVP Immigration Blog (1/8/13) Post:

March 15, 2013

H1B CAP NEWS: USCIS Announcement Regarding Premium Processing for H-1B Cap-Subject Petitions

by Kellie N. Lego

The filing period for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap begins on April 1, 2013. USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. This could be the first time since April 2008 that the H-1B cap will require a lottery.

USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time. Due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, and in accordance with 8 CFR 103.7(e)(3)(ii), USCIS is announcing that premium processing for cap-subject H-1B petitions, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher, will begin on April 15, 2013.

USCIS will continue to accept Form I-907, Request for Premium Processing Service, with fee, concurrently with the Form I-129, Petition for Nonimmigrant Worker, during the time period that premium processing is unavailable – from April 1 to April 14, 2013. Petitioners may also upgrade a pending H-1B cap petition to premium processing once a receipt notice is issued. All requests for premium processing received between April 1, 2013, and April 14, 2013, will be adjudicated when premium processing begins on April 15, 2013.

March 6, 2013

Administrative Appeals Office (AAO) Processing Times

by Kellie N. Lego

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of March 1, 2013.

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 8, 2013

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 February 5, 2013 with processing dates as of December 31, 2012.

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

February 7, 2013

Administrative Appeals Office (AAO) Processing Times

by Kellie N. Lego

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of February 1, 2013.

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

Administrative Appeals Office

January 9, 2013

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 4, 2013 with processing dates as of November 30, 2012.

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

December 12, 2012

Administrative Appeals Office (AAO) Processing Times

by Kellie N. Lego

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of December 1, 2012.

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

Administrative Appeals Office

December 10, 2012

EAD – The Ins and Outs as an Option for Employment

by Kellie N. Lego

Many people seem to be wondering whether they should work based on their employment authorization documents (EADs). This dilemma is likely tied to the large number of individuals who were able to file adjustment of status applications (I-485s) in late 2011 or early 2012. For these individuals, the option of employment using an EAD is a recent development.

Background: Cutoff Date Retrogression and Fluctuation

There was rapid advancement of the EB2 India and China cutoff dates from December 2011 through April 2012. Thereafter, for most such applicants, visa numbers have been unavailable due to a phenomenon known as retrogression. As of this writing, the cutoff date for EB2 India has retrogressed – or moved backwards – to a cutoff date of September 1, 2004, valid during the months of October, November, and December 2012. EB2 China has less extreme retrogression, with a cutoff date of October 22, 2007 during the month of December 2012.