WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2012 cap. The agency began accepting these petitions on April 1, 2011.
USCIS is monitoring the number of petitions received that count toward the congressionally mandated annual H-1B cap of 65,000 and the 20,000 U.S. master’s degree or higher cap exemption.
I have a question regarding naturalization filing period. I will complete my 5 years in US in June. Can I only file after 5 years or I can submit my documents after 4 years 9 months only.
You are allowed to submit Naturalization application any time after 90 days following the 5th year from your green card approval.
I am on L-1 and my wife is L-2 with EAD. Can she do a home based business such as selling things on Ebay etc?
With an EAD, an L-2 can work anywhere including operating their own business and work as many jobs as they like.
Fact "H1Bs cannot do their own business in US". So checking the legal limit with below scenarios.
1. Can a H1b, while working for H1 employer, work for non US employer using options like work from home or other internet technologies and earn in their local currency without further documentation?
2. Does anything changes if the non US employer has clients in US and the person in above position actually work with those clients under the payroll of non US based organization?
3. Does it cross the legal H1B limit if we assume the H1b person in scenario 1 and 2 is also the owner of non US company and earns in local currency not USD?
1. In my view, no.
2. No. The critical thing is that the work is being performed on US soil.
3. I believe this too would be illegal under immigration laws.
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2011 under the Fiscal Year (FY) 2012 H-1B cap.
Please check the attachment to view CRS report on Unauthorized Alien Students: Issues and "DREAM Act" Legislation
April 14, 2011
Final Rule Adopts Interim Rule Improving Integrity of Form I-9 Process
Final Rule Adopts Interim Rule to Improving Integrity of Form I-9 Process
U.S. Citizenship and Immigration Services (USCIS) announced today a final rule, scheduled to be published in tomorrow’s Federal Register, that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.
Exemplary, professional input; assessable and candid on interaction. Professional without being commerical, knowledgeable and willing to find out more as necessary. I feel in good competent hands with immigration issues.
I had a very good experience. I hopped to a 10 minute conversation with Rajiv Khanna where he answered my questions around GC maintenance, adoption, etc. This first call was at no charge.
I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions:
1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4?
2) How difficult it is for an employer file for H1 from H1 and what is the process?
3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?
1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.
I am a British citizen on L1 visa. My boyfriend is a US citizen and we intend to marry. If we seek the fiancé visa, will I have to go back to the UK for any time? And if I intend to relocate within the US to collocate with him (and therefore will need to find a new employer) what kind of working visa could I obtain?
You can just get married and apply for a green card directly while you are still in USA. You can continue working on L-1. In 90 days or so, you should also receive your EAD, if you apply.
[Federal Register: April 15, 2011 (Volume 76, Number 73)]
[Rules and Regulations]
[Page 21225-21232]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap11-1]
================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
CIS Ombudsman recommends USCIS to strengthen the Special Immigrant Juveniles (SIJ) program by standardizing practices, stop RFEs on state court determinations of dependency, and issue guidance regarding adequate evidence.
Please check the attachment to see the CIS Ombudsman Recommendation.
The Department has published in the Federal Register a notice outlining procedures for notifying the Department that an H-2A worker certified on an Application for Temporary Employment Certification or a worker in corresponding employment has voluntarily abandoned employment, or was terminated for cause. Read the text of the notice here.
Where can I find the DS-160?
Access the DS-160, by clicking: Consular Electronic Application Center website. We recommend that you use Internet Explorer or Firefox browsers to access the DS-160.
Can my answers be in my native language?
No. All answers must be in English, using English characters only, except when you are asked to provide your full name in your native alphabet. Applications submitted in any language other than English will be denied, and you may be required to submit a new application. While you must answer all questions in English, translations of questions are available in many languages from the drop-down menu in the right upper corner of the application. These translations should assist you in completing the form in English.
Here is a question from clients.immigration.com, our clients-only extranet.:
As of April 15, 2011, USCIS has issued receipts on approximately 7,100 H-1B cap-subject petitions and 5,100 H-1B petitions for aliens with advanced degrees.
The representatives of ICE and SEVP would be visiting the Embassy of India (2107 Massachusetts Ave. NW, Washington DC 20008) on Friday, April 15, 2011 at 10.30 AM. Former TVU students interested in attending this meeting to interact with the officials of the ICE and SEVP should let us know. Our Ambassador and Deputy Chief of Mission would also be present during the meeting.
As of April 7, 2011, approximately 10,400 H-1B cap-subject petitions were receipted. Out of these 4,500 H-1B petitions are for aliens with advanced degrees.
If Congress is unable to reach an agreement regarding the budget on Friday, the government will close at midnight on Saturday April 9. From that time forward, only "essential" government workers remain on the job. Here is a breakdown by agency:
CBP: Inspection and law enforcement are considered "essential personnel" though they will probably have fewer officers on duty.
Our office works regularly and closely with the Law Offices of Rajiv S. Khanna, PC, with both H1B and Permanent Resident applications. We do not have any complaints at all -- our case managers are smart, fast, conscientious, polite, and very pleasant to work with. We treasure them! I myself have worked mainly with Fran Fisher and Heather Riddick, and to a lesser degree with Anna Baker. I don't know how we could speak more highly of them or of Mr. Khanna's law firm. We appreciate them greatly!