H-1B Visa

August 2, 2012

H-1B Extensions: Do I qualify under AC21 §104(c) or §106(a)?

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.

July 30, 2012

MVP “Immigration Q & A Forum” – This Friday, August 3, 2012

by Kellie N. Lego

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 3, 2012. Act now and submit your questions!

July 23, 2012

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 July 19, 2012 with processing dates as of May 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

July 20, 2012

MVP LAW GROUP – Immigration Q&A Forum, Friday, July 20, 2012

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

Question #1 – General

Is it necessary that I have someone sponsoring me when I apply for a visa?

July 16, 2012

MVP “Immigration Q & A Forum” – This Friday, July 20, 2012

by Kellie N. Lego

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, July 20, 2012. Act now and submit your questions!

July 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 July 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

July 3, 2012

MVP “Immigration Q & A Forum” – This Friday, July 6, 2012

by Kellie N. Lego

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, July 6th, 2012. Act now and submit your questions!

June 22, 2012

MVP LAW GROUP – Immigration Q&A Forum, Friday, June 22, 2012

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

Question #1 – H-1B Nonimmigrant Visa

My son is on opt and it is expiring on august. Meanwhile his employer has filed H1B visa on April 9th all his colleagues have received acceptance. My son’s status is still in initial review. Should I panic that there will be a denial. How long should I wait?

June 20, 2012

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 June 15, 2012 with processing dates as of April 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

June 12, 2012

H-1B FY2013 CAP HAS BEEN REACHED

by Kellie N. Lego

On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.

USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.