H1B Visa Lawyer BlogAdministrative Appeals Office (AAO) Processing Times were released with processing dates as of 2/1/14.
If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.
Presidents’ Day
“Change will not come if we wait for some other person or some other time. We are the ones we’ve been waiting for. We are the change that we seek.” — President Obama
MVP LAW GROUP – Immigration Q&A Forum, Friday, February 14, 2014
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
After working for my employer for more than 2 years with my H1B visa, I recently get promoted as a group manager with more job duties. Can I use my experience with current employer to apply for the PERM Labor Certification?
H-1B (FY2015) Season is quickly approaching, projecting another short season!
The Fiscal Year 2015 H-1B season is quickly approaching and has been projected to be yet another short season.
Each Fiscal Year (FY), which starts on October 1, 65,000 H-1B visas become available for what is referred to as the “General Cap,” and 20,000 H-1B visas become available for what is referred to as the “Master’s Cap.” Those individuals holding a U.S. Master’s degree or higher may fall within the Master’s Cap; all others fall within the General Cap. The FY H-1B filing season opens six months before each FY, i.e., during the first week in April.
The FY 2015 H-1B Cap season will open on April 1, 2014 with employment beginning October 1, 2014.
Visa Bulletin – March 2014
The Department of State has released its latest Visa Bulletin.
Click here to view the March 2014 Visa Bulletin
As projected by the U.S. Department of State, the March 2014 Visa Bulletin shows the EB2 date for nationals from India remains at 11/15/04; EB3 date for nationals from India moved slightly from 9/1/03 to 9/15/03; movement in EB2 for Chinese Nationals at 2/15/09; movement in EB3 for Chinese Nationals at 9/1/12; and movement in EB3 for WW at 9/1/12; and the F2A category remains at 9/8/13,except Mexico at 4/15/12. Mexico F-2A retrogressed from 9/1/13 to 4/15/12 due to heavy demand. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).
BALCA Upholds Denial in Case Involving Home Office
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Field Service Engineer.”
After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. One of the issues present was the fact that the main worksite address on the ETA Form 9089 was the same as the alien’s address. In its Audit response, the Employer provided its recruitment documentation and explained that the position allows its “Field Service Engineer to work from home and to travel to client sites as needed.”
Once the Employer responded, the CO denied certification. The CO indicated the position communicated in its recruitment efforts did not offer the condition to work from home to US workers. This was a violation of PERM Regulation 20 CFR 656.17(f)(7). This regulation requires that an advertisement “must not contain wages or terms and conditions of employment that are less favorable than those offered to the alien.”
MVP “Immigration Q & A Forum” – This Friday, February 14, 2014
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, February 14, 2014. Act now and submit your questions!
USCIS Teleconference Invitation – Revised Form N-400, Application for Naturalization
The U.S. Citizenship and Immigration Service (USCIS) will be presenting a teleconference on the revised form N-400, Application for Naturalization. This teleconference will take place on Thursday, February 20, 2014 from 1:30 p.m. to 3:00 p.m. (EST). This free session will provide an overview of the revisions made to form N-400, which was released on February 4, 2014. The USCIS will also entertain questions on the subject.
The revised Form N-400 contains:
– Clearer and more comprehensive instructions;
NJ woman admits to immigration fraud! – BEWARE OF NOTARIOS
An Elizabeth, NJ woman, Maritza Chavez, advertised herself to the general public as an Immigration Lawyer. Chavez created a company to help immigrants obtain U.S. citizenship. After a thorough investigation, it was made clear that Chavez was not a Lawyer and her company only helped her to take money from her immigrant customers.
In the course of her business, Chavez would submit citizenship applications with the USCIS that were improperly completed, and/or were filed without the required filing fee. When the applications were rejected and ultimately returned to her with a refund, Chavez would illegally keep the money. When clients called Chavez for an update, she would blatantly lie to them.
As part of a plea agreement, Chavez could be sentenced up to 10 years and required to pay over $100,000 in restitution. Chavez will be sentenced by Judge Robert Mega, NJ Superior Court on March 14, 2014. For more details please review the news articles listed below.
USCIS Launches Redesigned Interactive Voice Response System
On February 1st, the USCIS launched a newly redesigned Interactive Voice Response (IVR) system. When calling the USCIS toll-free National Customer Service Center (1-800-375-5283), you will hear a new series of interactive messages to help streamline your access to immigration information, case status, and customer service representatives. This system redesign is in response to USCIS customer feedback, so your feedback is important!
This IVR system will be available 24/7, with live assistance available Monday through Friday (8:00am to 8:00pm) within the continental United States. You can find more information on USCIS’ customer service options on their website!
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