ALLS CHURCH, VA – During the period of October 1-16, 2013, the Executive Office for Immigration Review was operating in a limited capacity due to the lapse in government funding.
With the reopening of the federal government, USCIS has been informed that the Department of Labor’s (DOL) Office of Foreign Labor Certification is once again accepting and processing applications, including Temporary Labor Certifications (TLCs).
According to "Times of India" :
The US government plans to punish Indian outsourcing giant Infosys with the largest immigration fine ever for seeking visas fraudulently for workers at big clients in America, the Wall Street Journal reported.
Infosys is accused of putting workers on visitor visas rather than work visas. The former are much easier and cheaper to obtain than the latter. The fine is expected to be about $35 million, the paper said, quoting people close to the matter.
On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised retention schedule following a 30-day period of public notice and review. As part of its review and approval process, NARA determined employer applications for labor certification and supporting documentation, whether retained in paper and electronic form, are temporary records and subject to destruction in accordance with an approved disposition schedule.
Question 1:
How can I file for an H-1B petition if I have left less than six months before my passport expires?
Answer:
I am assuming they are India born. That should not be problem. You can still apply for H-1B if the passport has less than six months left. But as a practical matter, passport renewals are very quick in the U.S. So, I am not sure where the problem is. When you send it to the Indian Consulate, it is my understanding that it is not more than a week toten day process. In Washington D.C. I have not checked for a while, but it used to be like a 24 hour process. I am not sure what the problem is here. You could apply even without renewing, but it is best to just renew the passport.
Question 2:
I am currently on H-1 B Visa. Is there a way I can change the visa to F-2 without going back to India? My fiancée is here on F-1 Visa that is valid up to Sep. 20, 2014?
Answer:
They can convert or change status within the United States if they have never been out of status. So, once they get married they can apply for an F-2 within the United States.
Question 3:
After getting married to a Green Card holder and applying for a spouse visa, is it possible to apply for an H-1 Visa?
Answer:
H-1s are not in any way hindered by an existing Green Card application. So, if you have a Green Card application that would not in any way impede or create problems with your H-1 application. Therefore, if you do apply for a Green Card it does not in any way stop you from applying for an H-1 after the Green Card application is filed.
Question 4:
How will I know if my H-1B petition has been accepted in the quota?
Answer:
The quickest way to find out is if your employer’s fee checks have been cashed. If the receipt is getting delayed just have your employer follow through and see if the fee receipt has been cashed. In that case it is almost sure that you are made a part of the line.
CRS releases report on Immigration of Foreign Nationals with Science, Technology, Engineering, and Mathematics (STEM) degrees.
Please check attached report.
Our office was retained to process an H-1 Change of Status petition for a Quality Assurance Engineer working on a turnkey project owned by a middle vendor at a client location. We explained to USCIS that the end-client was infact the vendor, who “owned” the project. USCIS denied the petition, holdingthat we had failed to obtain proper documentation from the end-client. We filed an MTR with extensive arguments and evidence that the petitioner was the actual employer of the beneficiary and that the vendor, not the end-client, owned the project.
On June 10, 2013, USCIS updated the section of the USCIS Policy Manual regarding time spent abroad by interpreters and translators employed by or
[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Rules and Regulations]
[Pages 35103-35108]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13946]
Rules and Regulations
Federal Register
________________________________________________________________________
We represented an IT consulting company and a Technical Project Lead employed by them. The PERM was selected for supervised recruitment. USDOL denied certification, alleging that the employer rejected a potentially qualified U.S.
We represented a technology consulting services corporation and a Senior Programmer Analyst employed by the firm.
We represented a consulting company and their employee, a Senior Quality Assurance Analyst. USDOL had denied PERM certification after an audit holding that we had failed to submit tear sheets from our Sunday advertisements. We filed the appropriate motion establishing that it was highly likely, if not certain, that the tear sheets were in fact submitted. We provided evidence from our files, affidavits, and proof of our firm’s normal business practice.The case was approved in less than three weeks.
This chart shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
|
AAO Processing Times as of June 3, 2013 |
||
| Form Number |
Case Type |
Time |
| Processing Queue | Priority Dates | |
|---|---|---|
| Month | Year | |
| Analyst Reviews | January 11 | 2013 |
| Audit Review | July 31 | 2012 |
| Reconsideration Requests to the CO | June 3 | 2013 |
| Gov't Error Reconsiderations | Current | |