Visa Bulletin for November 2010
Number 26
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Number 26
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
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 following Questions and Answers provide public guidance concerning the additional fees.
Q1. What is Public Law 111-230?
A1. Signed by President Obama on August 13, 2010, Public Law 111-230 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.
The Department has posted new Frequently Asked Questions (FAQs) addressing employer point of contact requirements. To view PERM Round 12 FAQs, please check attachment.
The White House
Office of the Press Secretary
For Immediate Release October 08, 2010
Presidential Determination
No. 2011-2
MEMORANDUM FOR THE SECRETARY OF STATE
SUBJECT: Fiscal Year 2011 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Pursuant to Sections 207 and 101(a)(42), Respectively, of the Immigration and Nationality Act, and Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act, as Amended
Could entering the Diversity Visa Lottery have an adverse effect on a future application for an E3 visa?
No, I do not believe it would have any affect.
If both of my parents apply for the green card lottery and one is successful and gets the green card, but they do not use it to move to the US, would I (I'm not married) be eligible to get a green card and move to the US?, or would my parents have to move to the US on the green card for me to be eligible to get one?
I do not see how you can move without them. They would be the primary applicants for the DV.
I have B.Tech in Engineering from India. I have over 13 years of experience in IT.I am working as IT architect.My company is ready to process my GC.Am I eligible for EB2?
Assuming BTech is a 4-year degree, it looks like you are eligible for EB-2.
I have B1/B2 visitor visa and I am planning to visit USA. I also have job offer from one of the company in USA. They are asking me to come on visit visa and then they will apply for my work visa (H1) while staying in USA. Should I accept their offer and travel with my spouse and children?
This could be viewed as fraud by the government.
I am an internet marketing professional and I had H1B visa for the period of 2007-2009. I visited US 3 times ( 7-15 days each) but for some reason I did not join job there. Meanwhile I registered a LLC there for my business and running a small business for last year.I am internet marketing professional and i had H1B visa for the period of 2007-2009. I visited US 3 times ( 7-15 days each) but for this or that reason i did not join job there. Meanwhile I registered a LLC there for my business and running a small business for last year.
Now I have to attend a conference and set up things for the business. This time I want to go with my wife and 2 year old kid. Which visa would you suggest?
B-1/B-2 seems to be the correct visa.
I entered the US with my mom in 2005. I was underage then. My visa B1/B2/BCC expires in Oct of 2010 and my permit I-94 expired in December of 2007. I am now 20 years old and I am married to the love of my life and he is a US citizen. I want to know what I can do. What files and forms will I need?
You should be able to get your green card. Do not travel outside USA until you do. I would suggest getting a lawyer.
I am currently on my H1B extension and my employer filed a petition,I-140 under EB3 category which was approved. I cannot file for an adjustment of status at the moment so if my H1 B visa expires before I can file for the AOS in that case does my employer have to file for an extension for H1b or is it the EAD. I am confused if they are two diffrent things or one and the same. Please advise.
EAD and H-1 are two different things. You will get your EAD only after you file the 485.
According to DOL updates as of 9/30/2010, they are working on PERM application filed in the following months.
Please check the link to know more about the O and P visa Reissuance in London embassy.
My H-1B visa extension and my children's H-4 too were denied due to my two former lawyers' lack of expertise on immigration matters.Then, my Labor certification was denied too. Two of my children eventually had to go home when they reached 21 because of this. I thought my youngest son and I were going to go home too,until my employer contacted Atty Khanna and his associates.They are the best because they were able to fix ad refile everything. We recently received our green card. Everything they did was so organized and very meticulous, making no mistakes.I would highly recommend them to anyone.
Social Security is a program that automatically deducts a portion of your earnings, denoted as FICA on your pay-stub, in order to provide certain benefits when you retire. The Social Security Number (“SSN”) enables the federal government to track these transactions.
I came to USA before 3 years and 6 months on L1B-Individual visa. I had 2 years of managerial experience before 3.5 years with the same employer, outside U.S.A. Now I got my L1A-Blanket petition approved and waiting for Personal Appearance with U.S.Consulate. My concern is that, I read in the conditions that the experience should be within the preceding three years....but I have managerial experience before 3.5 years. Will affect the chances?
There is an exemption of time for people who come to USA and continue working with the same group of companies in USA. Their 3 years are counted back from the date they enter USA.
My company said they filed the PERM application on June 30th. I asked them to send the status a month ago. The sent me a message saying that it has Prepared status in the application and the overall status as in process. Is it how it looks?
When we check status of electronically filed applications, it should say "In Process" when it is pending. That should be sufficient.
What is the fastest way to have my fiance and her children join me here in the US. They are Mexican citizens and I am a US ciitizen. We want to get married. The question is, which process is faster for them to be able to join me here?
The fiance visa is, generally speaking, faster.
For the family based green cards, does my country of origin makes difference in speeding up the process? I am from Nepal and I suppose there aren't many who are applying in this slot.
Yes. The country of birth makes a difference. Check the latest Visa Bulletin for times.
U.S. Citizenship and Immigration Services (USCIS) announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
Sault Ste. Marie, Mich. — U.S. Customs and Border Protection encounters foreign nationals requesting entry into the country who have criminal histories on a routine basis. These individuals are required to provide an I-192 Criminal Waiver Application in order to be considered for entry.
Had a question about my I-485 approval and how to proceed forward with naturalization. Mr. Khanna was really helpful. After the consultation he let me ask follow up questions over the mail without any extra charge. Of various immigration attorneys I have spoken to over past five years, Mr. Khanna has been my favorite. Not only does he know the law but he cares about his clients.