USCIS Updates H-1B Cap Count
As of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed.
As of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed.
Recenlty we submitted my NOID response for my 485. Today called USCIS customer service about my status of my 485.They said its PreAdjucated waiting for Visa number.But they mentioned I have 2 I-140s in my file
1.EB3 PD,2002
2.EB2 PD,2005.
They said which date first current then that 140 will use. I am not sure about EB3 140( i don't have any info about this 140).B'cos i filed my 485 with Eb2 140.My case is Ac-21 .So i wasn't with both employers now.
Is that above statement correct? Do i need to do anything now or just stay calm until either of EB category comes current? Please advice.
I would probably do nothing. Under current USCIS procedures, they scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD you are entitled to.
I am a citizen of Nigeria and presently studying in China with a resident permit but my friend wants me to visit him in the States and he has sent all the necessary documents for me to apply for a visa. I would like to know if I need a travelling experience to apply for US visa when Iam in China.
I am not sure what you mean by "traveling experience," but B-2 visas depend primarily upon the consular officer being convinced that you do not intend to overstay in USA or seek to become a long term or permanent resident during your visit. Good luck!
I came to the US on a B1 visa got it changed to F1-->finsihed 4 years of undergrad moved on to 2 years of Masters(both in engineering). I am yet to apply for OPT. Is this going to affect my chances due to the entry method; also what will happen if I get a company that want to sponspor me. Would you advise me to go back home to rectify my visa situation. Because the B1 visa I entered the country with is expired, I haven't travelled out of the country. What would you suggest I proceed about this.I really would love to go back home to visit but scared the consulate will deny me.
Confused as ever.
You should be able to get your OPT and even an H-1 and a green card. But if ever you want to travel outside USA, make sure you discuss the facts of the case with a competent lawyer. You have to make sure you have a good chance of getting a
I obtained my US citizenship status early in 2009. Now my parents came to visit me and staying with me. I have a plan of applying the green card for my parents and keep them with me until the green card is fully processed. Can you please advise me whether I need to file I-130 or I-485 ? They have the I-90 stamped until April 2010.
Also in I-130 there is a question ( I think no 22) , asking the preference of visa process. Is it possible for me to ask our my preference?
We cannot offer assistance in filling up forms. But without commenting on your situation and generally speaking, when applying for parents who are in USA, a US citizen files an I-148 package and form I-130 together.
I have a urgent question, and I would super appreciate any advice you could give me. I have a B1/B2 Multiple Entry Visa till 2019. I went to the United States on Feb 25, 2009 and came back to the Philippines August 21, 2009. While in the States I was granted an extension to stay in the U.S. till Feb 2010, but I still decided to come home to the Philippines. Now, I would like to go back to the U.S. on November 8, 2009 to spend Thanksgiving with my Husband and my In-Laws. Will they give me a hard time at the Port Of Entry? Are there documents that I should bring to show the officer at the POE?
Since you left without using the extension, the fact that you applied for one should not become an issue for reentry in the future. But the problem can be if you return too soon, CBP can deny entry. Have a happy Thanksgiving.
If my fiancee came to the US illegaly what is the best course of action to follow? Should we get married here and then go back to his home country and file for immigration or is it better to leave the US and get married in his home country and then file the I-129 and I-130? I am just not sure what happens since he came here illegally. Are there fines that have to be paid? Does anyone know?
Illegal entry into USA is a serious issue. Please consult a local lawyer.
I am married to a U.S. citizen. My two sons from Malaysia under 21 received their GC are already in the U.S. My husband could not file for my daughter as she was above 18 when we married so I filed on Sep 2009, I-130 before she turned 21 . My question, is there any way to bring her to the U.S. ONLY to visit us until her I-130 gets approved. We only want her to visit us and not overstay in USA.
There is no easy solution. The only two obvious visas that come to mind and that available for someone like your daughter would be H-1 or L-1 (employment-based) visas. A student visa can be tried, but the grant us unlikely because green card is pending. I have an entry on my blog on this - applying for a nonimmigrant visa while green card is pending. Check it out.
My I-140 got Denied on Aug 17 on Ability to pay after a RFE.Reason for Denial is "Employer had filed more than 30 cases since sep 2008, and company's net Asset $4M(approx) AND Liablity $2M (approx) and so the net "LIABILITY" is $1M (4-2=1 but they have calculate as -1).30 cases with $1M libality is not sufficient to support this Immigrant , company needs more than $3M to support 30 cases. The truth is (as per my employer) that we have filed 29 cases since 2006 and not sep 2008 also company has more funds and the numbers 4M and 2M are incorrect.What can be done ?
You can refile the I-140 or file an MTR/Appeal. Both have pros and cons.
I am an international student on F-1 from France, I just finish my semester and I am now transferring to a new school starting classes early October. Since I have almost a month off, I had thought once I get my new I-20, about going back home in France for a couple of weeks, but when I said that to my new school advisor, he suggested that I shouldn't travel overseas until the thanksgiving break comes and after classes start, however; I am not sure that this information is correct. I thought that once I have my new I-20, I could go home and come back without any problem. Should I go or not?
I do not know the details of your case or your SEVIS status. If your International Students Advisor is experienced in immigration law (most of them are), you should take their advice but ask them to tell you the reason.
I need an information regarding the pharmacist immigration. I have cleared Fpgee and right now i am in usa on F-1 visa. How can i end up getting an internship?
You may want to ask in the forums http://forums.immigration.com about how to get an internship. We do process H-1 for Pharmacist Interns, but I do not know how you would get a job.
My husband was recently laid off after submitting an I-130. He is a Canadian citizen on a TN visa. He is still living in the US, all though his TN requires him to go back to Canada if he is not employed. The I-130 was approved, and now USCIS would like the I-485 change of status. This requires him to state his employment. Since he is not employed should we notify USCIS that he is moving back to Canada? Or should he apply for an EAD along with the I-485? What is the best approach?
Do not be alarmed. If you are a US citizen, there should be no issues.
I came back from states in 2003. I had mulitiple b1/b2 visa that was expired in 2006. Now, if I apply again so what are the chances? Can i get multiple visa again?
I see no reason why not.
My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?
Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).
Isn't it interesting that this year (2009) there are still 20,000 H-1B left that no companies have applied for 4 months after the dead line were they usually all are taken?
This is because the recession has made it impossible for banks and other TARP precipitants to hire people from abroad for a job that an American can fill and it is quite a stretch in this economy to argue that you can not find a qualified IT worker in the US.
True. But, TARP alone is not the real issue. I think the economy has been hard on all jobs including H-1. TARP is a factor. And there has been a disproportionately high rate of H-1 denials.
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time. Pls let me know.
I have responded on my blog: http://forums.immigration.com/blog.php?b=214
I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.
Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.
USCIS memo provides guidance to USCIS Immigration Services Officers (ISOs) on the adjudication of 1-751 petitions filed by a conditional permanent resident (CPR) who is the subject of a final order of removal, is in removal proceedings, has filed untimely, or has filed multiple petitions.
ICE released the 2009 ICE Secure Communities Standard Operating Procedures document for Secure Communities, an initiative making the removal of aliens convicted of serious criminal offenses from the US a priority. This document describes processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking.
U.S. Citizenship and Immigration Services (USCIS) posted an informational video on its Web site that provides an overview of the agency’s Systematic Alien Verification for Entitlements (SAVE) program.
We were recently retained by an employer whose employee fell out of status due to an omissions by the former counsel. Prior to the employee’s H1B expiration date, the employer tried to file an H1B extension. The employer’s former Counsel utilized an obsolete and inappropriate wage source when filing the LCA. This wage amount was also not representative of what the employee was earning. As a result, the employer had to withdraw the LCA. This circumstance resulted in an untimely filing of the employer’s H1B application and the employee’s status expiring due to no fault of his own.
Mr.Khanna and his whole team worked on my complicated case and made it possible. There was a lot of effort that went in during the whole process but finally it worked. Working with his team was so easy and the responses were very quick. During the whole process I never felt once that my case is not being treated as priority. Mr. Khanna made himself available when it was required and guided me thru the whole process. My special thanks to Rena, Sheena and Anna without you guys it would not have been possible to reach at this stage. Thanks a zillion Mr.Khanna for your advise and support during the rough time we went thru. Amit Gupta
I am very much satisfied with the consultation provided by Mr. Rajiv. This is my second consultation with him. I can clearly see there is a helping mentality rather than just a service. Thank you! Regards,Praveen