OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

Following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), a Pennsylvania woman pleaded guilty Thursday to conspiracy to commit mail fraud.

Eleni Nguyen, 29, of Phoenixville, Pa., pleaded guilty in federal court to the charge in connection with filing false documents with the Pennsylvania Unemployment Compensation program. Nguyen is the third person charged in a scheme involving a temporary employment agency hiring illegal alien employees. Nguyen is the owner of the employment agency.

Andri Gunawan, a representative for the company, previously entered guilty pleas to various crimes, including conspiracy to transport illegal aliens, harboring illegal aliens and mail fraud. Both Gunawan and Nguyen are awaiting sentencing.

Many people seem to be wondering whether they should work based on their employment authorization documents (EADs). This dilemma is likely tied to the large number of individuals who were able to file adjustment of status applications (I-485s) in late 2011 or early 2012. For these individuals, the option of employment using an EAD is a recent development.

Background: Cutoff Date Retrogression and Fluctuation

There was rapid advancement of the EB2 India and China cutoff dates from December 2011 through April 2012. Thereafter, for most such applicants, visa numbers have been unavailable due to a phenomenon known as retrogression. As of this writing, the cutoff date for EB2 India has retrogressed – or moved backwards – to a cutoff date of September 1, 2004, valid during the months of October, November, and December 2012. EB2 China has less extreme retrogression, with a cutoff date of October 22, 2007 during the month of December 2012.

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

What steps do my employer and I need to follow in order to switch from H1B to EAD when my H1B expires. My employer and I have decided not to renew my H1 B.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on December 5, 2012 with processing dates as of October 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

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas marked a significant milestone for the USCIS Entrepreneurs in Residence (EIR) initiative by launching an online resource center today at the Martin Trust Center for MIT Entrepreneurship in Cambridge, Mass. The resource center, Entrepreneur Pathways, provides entrepreneurs who seek to start a business in the United States an intuitive way to navigate the immigration process.

“Through our innovative Entrepreneurs in Residence initiative, we are working to realize our current immigration system’s full potential to attract and retain startup enterprises that promote innovation and spur job creation in America,” said Director Alejandro Mayorkas. “The first phase has already led to unique improvements in our programs and enabled us to better serve immigrant entrepreneurs.”

Launched earlier this year at an Information Summit in Silicon Valley, the EIR initiative draws on industry expertise to strengthen USCIS policies and practices critical to American economic growth. The team comprised startup business experts and USCIS immigration experts working collaboratively over a short period of time to streamline pathways for a range of existing nonimmigrant visa categories often used by entrepreneurs.

On November 27, 2012, Senators Kyl (R-AZ), Hutchison (R-TX), and McCain (R-AZ) introduced the ACHIEVE Act. The ACHIEVE Act will allow individuals who meet the established criteria to obtain a series of conditional nonimmigrant visas designated as W-1, W-2, W-3.

Key differences from the DREAM Act:

ACHIEVE Act does not provide a green card to the beneficiaries but creates instead a “permanent nonimmigrant status”

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, December 7, 2012. Act now and submit your questions!

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 – March 31) is 33,000. As of the last count (11/23/2012); 9,759 beneficiaries have been approved and 1,654 are still pending for a total of 11,413.

For further details read, “Cap Count for H-2B Nonimmigrants

Eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) who currently have Temporary Protected Status (TPS) must re-register for TPS by November 30, 2012. Failure to re-register by this deadline may result in the loss of your TPS status. If you re-register after November 30 2012, you must provide good reason you could not re-register on time such as hardship due to Hurricane Sandy.

Details and procedures for re-registering for TPS are provided on the USCIS website and in the Federal Register notice announcing the extension of TPS for Haiti.

TPS was originally designated for Haiti in January 2010 in response to a catastrophic earthquake that devastated that country. TPS was re-designated in May 2011 (effective July 2011). The current 18-month extension of TPS for Haiti will remain in effect through July 22, 2014.

These USCIS statistics on DACA cases from 8/15/12 to 11/15/12 show a total of 298,834 DACA requests accepted for processing, 273,203 biometric services appointments scheduled, 124,572 requests under review, and 53,273 requests approved.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (November, 2012)

Source of Information: “AILA InfoNet Doc. No. 12111648. (Posted 11/16/12)”

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