Articles Posted in H-1B Visa

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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 – Green Card: Biometrics

The fingerprints that I gave the USCIS a while ago are set to expire soon. Should I make an Info Pass appointment at my local USCIS office to give them a new set of fingerprints?

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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, September 14, 2012. Act now and submit your questions!

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The question of whether a new or amended H-1B petition is required when the beneficiary’s worksite changes has been raised with USCIS at the October 5, 2011 stakeholders meeting (AILA Doc. No. 11100570) and again at the March 29, 2012 stakeholders meeting (AILA Doc. No. 12033045). AILA supports the position taken in the October 23, 2003, Efren Hernandez letter, that an amended Form I-129 is not needed for geographic moves so long as the following conditions are met:

1) an LCA has been filed and certified for the new location prior to the employee’s move to the new location;

2) the LCA has been posted in accordance with DOL regulations;

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The American Immigration Lawyers Association (AILA) Service Center Operations (SCOPS) liaison committee expressed concern to USCIS that the significant delays in adjudicating cap-subject H-1B petitions at the two service centers will cause disruptions for employers who rely on the arrival of new H-1B workers and disruptions for the continued employment of F-1 practical trainees as H-1B workers, on October 1, 2012, initiate, continue, or expand projects. SCOPS replied that USCIS understands AILA’s concerns about the processing times for cap-subject H-1B petitions, including cap-gap and consular notification cases.

Service Center Operations has made adjudication of these cases by October 1st a top priority by adding additional resources as available. USCIS states that service centers are doing their best to adjudicate these cases as soon as possible. AILA thanked SCOPS for that information and alerted them that petitioners are concerned that they will be forced to upgrade to premium processing.

Source of Information: “AILA InfoNet Doc. No. 12090443 (posted Sep. 4, 2012)”

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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, August 31, 2012. Act now and submit your questions!

Continue reading

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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, 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, August 17, 2012. Act now and submit your questions!

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Administrative Appeals Office (AAO) Processing Times were released with processing dates as of August 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

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As of 8/6/2012, U.S. Consulate Hyderabad will no longer accept advance submission of documents for all Business Executive Program (BEP) and regular H & L petition cases. Instead, all documentation must be delivered to the consulate on the day of the interview.

Anyone with appointments from August 6 onwards are required to carry their documents directly to the consulate on the day of their interview.

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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 – Green Card

My Employer filed for my Labor in January of this year, it is on appeal, and my H1 is expiring this December, 2012. Am I eligible for either a one year or three year extension under the AC21?

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In October of 2000, Congress passed the American Competitiveness in the 21st Century Act (“AC21”). On October 18, 2000 the President signed the bill and most of the provisions became effective immediately. AC21 has two key provisions that pertain to the ability of an H-1B nonimmigrant to obtain extensions in H-1B worker status if – the Green Card process was initiated on their behalf prior to their 6th year as an H-1B nonimmigrant.

§104(c) provides for three (3) year extensions of H-1B Worker status beyond the 6th year, if:

• the H-1B nonimmigrant has an I-140 petition which has been approved but for the unavailability of visa numbers due to the per country limitations, the Applicant is unable to Adjust Status to Permanent Resident.

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