The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of October 1, 2010.
If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.
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 1, 2010, 40,600 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.
As of October 1, 2010, 14,900 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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Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
What is the grace period on H-1B extension? I reside in California, my current H-1B visa expires on 9/25/2010 and I’ve filed for an extension on 9/7/2010. Got certified mail receipt for it. I was told by my lawyer that I have 240 days grace period when an extension application is pending. I need to have some sort of documentation proof on this fact for my employer. Is there anyway I can obtain it?
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 September 24, 2010, 39,600 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.
As of September 24, 2010, 14,400 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.
Recent scams have targeted New York’s immigrants, causing them to face substantial fees and possible deportation. Attorney General Andrew Cuomo has taken a stand against these scams by shutting down and filing lawsuits against seven different companies. Specifically, these companies have been targeting and misrepresenting themselves to immigrants, falsely promising legal citizenship, and giving their cases over to non-attorneys who have provided them with incorrect legal advice. Under New York State law, it is unlawful to mislead or defraud any person in immigration-related services. These companies and their owners have been permanently barred from operating any immigration services businesses and must collectively pay $370,000 in damages to the State of New York.
As a result of Cuomo’s efforts these companies are now facing monetary penalties, they must report any complaints, and they are required to inform their clients they no longer offer immigration services.
The Wage and Hour Division of the U.S. Department of Labor’s Office investigated Smartsoft International Inc, a computer consulting company based in Georgia and found the company was not paying their 135 nonimmigrant workers their earned wages as required under the H-1B regulations. The H-1B nonimmigrant visa program sets certain standards to both protect nonimmigrant and US workers; as a part of those standards the company was suppose to pay the nonimmigrant workers at least the equivalent of what other U.S. workers were being paid that had similar knowledge and skill. The Wage and Hour investigator discovered through their investigation that the company had violated the H-1B regulations. Specifically, some employees were not paid any wages at the beginning of their employment, were paid on a part-time basis despite being hired under a full time employment agreement, and were paid less than the prevailing wage applicable to the geographic locations where they performed their work. Accordingly, the investigation has led Smartsoft International to agree to pay their workers around 1 million dollars in back wages.
The H-1B system enables United States employers to seek highly skilled foreigner workers from around the world to increase productivity and develop new innovations within their fields, which ultimately helps the U.S. economy. In return, the U.S. remains at the forefront of technology among other nations of the world, and continues as a major competitor in all other fields. The system was designed to protect both U.S. and foreign workers by: (1) including labor certifications and attestations; (2) implementing costly filing fees, (3) requiring extensive background documentation/proof; and (4) conducting on-site employer investigations and continuous oversight by several federal agencies, as previously stated.
The majority of U.S. employers who utilize the H-1B visa system do obey employment and immigration laws. The employers that abuse the system cause the perception that the system is corrupt, abusive, and a strain on the U.S. economy.
MVP “Q & A Forum” – This Friday, October 1st, 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, 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.
In the recent Court Case (No. 10-22072) Gerardo Alvarado sued Carlos Albizu University for breach of contract and “breach of the duty of good faith and fair dealing.” He was working at the University on an H-1B visa in 2006 when he was promoted to Interim Director of the Business Program at the Miami Campus in 2007. His salary was increased from $75,000 to $95,000 per year. The University also agreed to sponsor Alvarado’s permanent labor certification in order for him to keep working past December of 2009. When the Director of Recruitment and Admissions stepped down, Alvarado was asked by the University to take over the position that had a salary less than his current job. When he asked for additional money the University refused saying it was already paying for attorney costs and fees for his labor certification.
Alvarado said the University violated § 1589(a) (3) and (4), alleging they used his pending labor certification as a means of force/abuse to obtain his “labor”. He believed that if he did not take this new job with the lower salary he would lose his visa and not obtain a permanent labor certification.
The Southern Florida District Court decided Alvarado’s claims failed. His arguments were “inconsistent with the definition of abuse or threatened abuse of law or legal process,” he merely proved the University violated the law. The court concluded that even though the University violated the regulation it did not use it as a “tool of coercion.” The University’s Motion to Dismiss was GRANTED.
The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of September 1, 2010.
If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.
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 September 17, 2010, 38,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.
As of September 17, 2010, 14,000 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.
H1B Visa Lawyer Blog