AAO Processing Times as of February 01, 2010
AAO processing times as of February 01, 2010.
BIA Publishes Temporary Grace Period Notice for Filing
The Board of Immigration Appeals was closed February 5-11, 2010, due to extreme weather conditions in the Washington, DC, area. On this occasion, the Board will apply a temporary "grace period" for the following filings:
(1) the filing was due on any date from Friday, February 5, 2010, to Thursday, February 18, 2010, and
(2) the filing was received on or before February 19, 2010.
The grace period will apply automatically. No request or documentation is required.
DOL Announces Final Rule for H-2A Program
Temporary Agricultural Employment of H-2A Aliens in the United States. The Department has published in the Federal Register a Final Rule amending the regulations governing the labor certification process for the temporary agricultural employment of H-2A aliens in the United States, codified at 20 CFR part 655, and enforcement of employer obligations under the H-2A program, codified at 29 CFR Part 501. The new regulations will go into effect on March 15, 2010.
USCIS Memo On Numerical Limitation Exemption for H Nonimmigrants Employed in the CNMI and Guam
USCIS issues memo to provided guidance on the processing and adjudicating of Form I-129 filed on behalf of H-1B "specialty occupation" and H-2B "temporary nonagricultural" workers.
USCIS Memo On Numerical Limitation Exemption for H Nonimmigrants Employed in the CNMI and Guam
USCIS issues memo to provided guidance on the processing and adjudicating of Form I-129 filed on behalf of H-1B "specialty occupation" and H-2B "temporary nonagricultural" workers.
DOS Proposes Rule on Fee Increases for Consular Services
[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
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
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'
H1B Status
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.
Must we withdraw a PERM application if the employee is laid off?
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.