Articles Posted in nonimmigrant visas

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

Question #1 – Employment Based Immigration, Green Card

My case was filed in Oct 2005 and it is current and still waiting. I tried opening Service Request and took InfoPass as well. I got InfoPass appt yesterday in local VA office. They were not able to tell me about my case only that it is still under review at the local Baltimore office where it was transferred to in August 2009. Please let me know what I need to do?

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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 12, 2010, 47,800 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of November 12, 2010, 17,400 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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An amicus brief was filed by the Legal Action Center of the American Immigration Council (LAC) and the American Immigration Lawyers Association (AILA) that argued an H-1B employee should not face arrest, deportation, or detention if he/she has a pending extension request. The reasoning behind the brief is that the employers who follow immigration law and proceedings should not have to lose employees because there are delays at the processing centers. LAC and AILA also argue that arresting individuals undermines the purpose of the H-1B program and includes support from three prominent companies who rely on the work of individuals with H-1B visas in the amicus brief.

The LAC sent the brief on behalf of a Lebanese national whose employer requested an H-1B extension a month before the deadline and paid the $1,000 premium processing fee. The decision was suppose to be received within 15 business days but the government neither sent back an approval or denial of the extension. Seven months after the extension had been requested, there had still been no response and the Lebanese national was arrested for overstaying.

H-1B’s are only granted in three year intervals by the government even though an individual can stay on an H-1B visa for up to six years or longer depending upon the circumstances. An individual is also only allowed to work 240 days after his/her visa expires as long as he/she has filed an extension, after that time period they are subject to arrest.

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United States Citizenship and Immigration Services (USCIS) issued a reminder that its new application and petition fees go into effect November 23, 2010.

The new fees increase application and petition fees by approximately 10 percent but naturalization fees will remain the same.

To review the increased USCIS filing fees, please click here.

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MVP “Q & A Forum” – This Friday, November 19th, 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.

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

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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 5, 2010, 46,800 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of November 5, 2010, 17,200 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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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. 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 quota still open?

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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 October 29, 2010, 45,600 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of October 29, 2010, 16,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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After statements made by immigration officers were released, that claimed there is an increasing amount of pressure on employees of US Citizenship and Immigration Service (USCIS) to approve more visas even when there is suspicion of fraud, Senator Chuck Grassley (R-IA ) asked the Secretary of Homeland Security and the Inspector General on October 15 to investigate. Agency insiders have continued to come forward and provide evidence that suggests USCIS Director Alejandro Mayorkas is responsible for the encouragement to approve as many visas as possible in the California Service Center. Senator Grassley first began looking into USCIS’s practices when accusations arose that supervisors told employees “to find a way” to approve applications. Grassley says his main concern and reason behind brining this issue to attention is to ensure that, “the rule of law isn’t being undermined by political leaders.”

The American Immigration Lawyers Association (AILA) writer David Leopold posted an article on AILA’s blog October 18th in response to Senator Grassley’s proposal for investigation into UCIS’s practices. Leopold argues against the legitimacy of Grassley’s information, citing the fact that the allegations have only been brought by a small group of insiders. Leopold offers a solution to Grassley’s upset, suggesting he submit his own petition to USCIS in order to get a better picture of USCIS’s visa approval procedures. According to Leopold, what Grassley fails to understand about USCIS’s policy of “finding a way” is that the USCIS officers must find the applicant eligible by a “preponderance of evidence.” The applicants must be able to prove the warranting of a visa. He goes on further to say USCIS is in reality far stricter on applicants than Grassley is aware of, he mentions the denial of many visa applicants as a result of flawed assessment by USCIS officers.

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