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DOS Proposes Rule on Fee Increases for Consular Services

14 years ago By Editor

[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Proposed Rules]
[Page 6321-6330]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe10-12]

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DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice: 6887]

RIN 1400-AC58

Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates

AGENCY: Bureau of Consular Affairs, State.

ACTION: Proposed rule.

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DOS Updates – 02/10/2010

14 years ago By Chief Editor

E Visa company registrations - It is advisable for “E” visa companies to update “registration” files at post every year although there is no specific regulation.

Following-to-Join for adjustment cases - An applicant who is the principal alien and whose spouse or child now needs to follow to join can now continue to deal directly with posts in paths:

Out of Status

14 years ago By Chief Editor

Question details

How many months gap is permisible for H-1 and also in GC process if person is on H-1 ?

I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock )

(Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )

A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'

Read more about Out of Status

H1B Status

14 years ago By Chief Editor

Question details

My wife is on H1B and now she is 7th month pregnant. If she takes leave on non-payment, will she be in H1B status or out of status?

As long as the leave of absence is reasonable and customary (or required by medical necessity), she should be considered in status.

Read more about H1B Status

Must we withdraw a PERM application if the employee is laid off?

14 years ago By Chief Editor

Question details

I am Mr. Jones, the employer. The employee, Mr. Smith, is no longer employed with us because of company's budget issue. However, we may hire him in the near future if circumstance changes.
My question:
Q1. Do we need to withdraw PERM LC for him that was submitted 2009?

Q2. Question from the employee, Mr. Smith:
If Mr. Smith filed an immigration benefit (e.g. visa, petition, change of status), does he need to answer YES / NO to the following question: "Has an immigrant petition ever been filed for you?" Basically: does submitting PERM/LC mean filing an immigrant petition? This question is often asked in application.

A1. I do not know of any law that requires an employer to withdraw a PERM application if an employee leaves or gets laid off, but the employer still retains a good faith intention to hire them back. When we first filed the PERM application, we filed it in good faith, asserting to the USDOL under penalty of perjury that:
You have enough funds available to pay the wage or salary offered the alien and you will be able to place the alien on the payroll on or before the date of the alien’s proposed entrance into the United States.

Read more about Must we withdraw a PERM application if the employee is laid off?

Visa Bulletin - March 2010

14 years ago By Editor

Visa Bulletin for March 2010 released.

Visa Bulletin - March 2010

14 years ago By admin

Number 18
Volume IX
Washington, D.C.

VISA BULLETIN FOR MARCH 2010

A. STATUTORY NUMBERS

Green Card

Visa Bulletin

USCIS Issues "Haitian TPS: How To Register" Videos

14 years ago By Editor

USCIS published informational videos on "Haitian TPS: How to Register"

USCIS Issues Additional Information Regarding the Employ American Workers Act (EAWA) to Employers Filing H-1B Petitions

14 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions.

USCIS Provides Details on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam

14 years ago By Editor

Introduction

Workers in H-1B and H-2B classifications who are admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are exempt from the H-1B cap and H-2B cap from November 28, 2009 to December 31, 2014. The Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, provides a special exemption to the statutory numerical limitations (or “caps”) for temporary workers in H nonimmigrant classifications mentioned in Section 214(g) of the Immigration and Nationality Act (INA).

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