India EB-2 is NOT current for February 2011
Many web sites are erroneously reporting that India EB-2 is current for February 2011. Please note, that is FALSE. India EB-2 is backed up to May 2006.
Processing time for spouse - greencard
Question details
We recently got married. My wife is currently in US student visa/OPT. I am a US citizen. We are currently filling out her green card application (I-130 from me and I-864 for her status adjustments).
1. How old will the entire process take - until she gets her green card? (I have heard 90 days - is that accurate?)
2. My wife's current visa expires in 3.5 weeks. If we send out all our finished paperwork in the next day or two, is that time for her status to be adjusted? What if the status is not adjusted before expiration? Can we do something so she won't have to leave the country ?
1. Time should be approximately six months to one year if all goes well. EAD is issued usually within 90 days of applying for it.
2. Once you apply, she should not have to leave .
FAQ Transcript
Questin 1
Illegal reimbursements from employees employers beware
There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue
DOL obtains $638,000 in wages and debars a New Jersey Company for one year
Here is an excerpt from a press release from USDOL. I have said this many times before, - government investigations are NOT the same as litigation or practicing transactional immigration or corporate law. This is an entirely different area of practice. We as counsel need to know the law, compliance as well as litigation. We must approach all investigations in the spirit of good faith compliance, yet protect our clients from unnecessary liability. The investigators are not only investigators, but in effect also prosecution and judge.
B Visa Refusal Statistics for 2010
The following statistics released by USDOS note the percentage of B visas that were refused by US consulates world-wide.
Afghanistan 56.0%
Albania 37.7%
Algeria 21.9%
Andorra 100.0%
Angola 21.4%
Antigua and Barbuda 19.7%
Argentina 3.1%
Armenia 51.4%
Australia 23.7%
Austria 11.5%
Azerbaijan 13.5%
Bahrain 4.1%
Bangladesh 36.4%
Barbados 10.2%
Belarus 19.7%
Belgium 13.2%
Belize 33.4%
Benin 39.7%
Bhutan 64.1%
Bolivia 23.8%
US Consulates in India Will Accept Application Without Regard to Your Residence
State Department has published the following press release.
Press Releases 2010
U.S. ambassador announces more convenient U.S. visa application process
November 18, 2010
Debarment for not responding to PERM audit
At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.
AOS applicants applying for H-1 visa
Here is a commonly encountered situation for AOS applicants (I-485 pending) from our clients-only extranet:
Social networking sites being used to trace fraud
USCIS and allied agencies responsible for immigration are using information on social networking sites (such as Facebook) to track the activities and postings made by immigration benefits applicants/beneficiaries for evidence of fraudulent activity. While, on principle I agree with deterring fraud, but the "big brother" stance of USCIS is deplorable. Beware folks - big brother is watching. Something you post even in jest may not be that funny in the hands of a govt. officer whose career is dedicated to finding fraud.
USCIS Implements H-1B and L-1 Fees
On August 13, 2010, President Obama signed Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. The law, which already in effect, requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.vUSCIS has clarified certain matters that employers should bear in mind.
Questions and Answers
Q. To which petitioners does the new fee apply?