Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.
FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues; FAQ: Getting nanny/domestic help from India; FAQ: After getting Green Card - how long do you have to stay with your employer.
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
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, 2012 under the Fiscal Year (FY) 2013 H-1B cap.
Q1. What is “Cap-Gap”?
USCIS has indicated that 22,323 cap-subject H-1B petitions had been received as of April 4, 2012.
Approximately one quarter (1/4) of these cases are for advanced degrees. According to USCIS, the number of filings received is almost double the number of filings received by USCIS during the same time last year. It would appear that H-1B numbers are likely to get exhausted a lot earlier than last year. Therefore, it is advisable to submit any quota subject cases as soon as possible to ensure timely filings before the quota is reached.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2013 cap. The agency began accepting these petitions on April 2, 2012.
USCIS has received approximately 17,400 H-1B petitions counting toward the 65,000 cap, and approximately 8,200 petitions toward the 20,000 cap exemption for individuals with advanced degrees.
H-1B, H-1B1, E-3 Helpful Resources:
The Department has posted a contact list for the H-1B, H-1B1 and E-3 Programs to assist employers with their applications. To view or download a PDF copy of the Helpful Resources for the H-1B, H-1B1 and E-3 Programs, please click the attachment below.
I am currently on H-1. I have a series of questions for you. This topic should be of interest to many people in the community. Could you please address these:
1. Can I start my own business while on H-1?
2. Can I be employed in my own business on my company's H-1?
3. Does it help to have partners from USA?
4. Can I get green card through a company I own?
5. What if my business is in Europe, but I work on it from USA? Is that legal?
6. Can I start business when I get my EAD on 485?
USCIS estimates that as as of 9 April 2012, approximately 25,600 H-B cases had been receipted. Out of these petitions, 17,400 are for bachelor's degree and 8,200 for for people with advanced degrees. These numbers are considerable hire than the last year's at this time.
USCIS has indicated that 22,323 cap-subject H-1B petitions had been received as of April 4, 2012. Approximately one quarter (1/4) of these cases are for advanced degrees. According to USCIS, the number of filings received is almost double the number of filings received by USCIS during the same time last year. It would appear that H-1B numbers are likely to get exhausted a lot earlier than last year.
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;