H-1 cap count 12,200
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.
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.
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.
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
As of May 21, 2010, USCIS has received approximately 19,600 H-1B cap-subject petitions. Also, an additional 8,200 H-1B petitions for advanced degrees professionals have been received.
USCIS reports that as of April 27, 2010, approximately 16,500 H-1B cap-subject petitions had been filed. They have received 6,900 H-1B petitions for advanced degree professionals.
As of Monday, April 5, 2010, Vermont Service Center had received a total of 9,525 quota H-1B petitions. 6,791 were bachelor's, and 2,734 were advanced degree. All cases received before April 7, 2010, will get an April 7, 2010 receipt date. Those received on April 7, 2010 or later will have the actual receipt date. For those submitted for Premium Processing, the clock will start on April 7, 2010.
Currently I'm on L-1A status and it expires in *** hence my employer is planning to file new H-1B this April not change of status. Here are my questions...<br>
1) If I get H-1B this April, is it mandatory to work on H-1B from Oct 01, 2015?<br>
2) Shall I continue with L-1A status until it expires and then can I change to H-1B?
See clip from Attorney Rajiv S.
I got my H-1B petition approved in 2008 and again got it extended in 2008 unto Jan 2011. Now, I have never used both these visa's to work in US. Though, I have traveled few times to US but on B-1 visa for meetings with customer. Today, one of my friend told me that I am eligible for cap exempt H-1B application if I get job in US. Also, what will be the processing time for this cap exempt H-1B. Can this be done in premium processing in 15 days ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am an Indian and have been living in London for the last 6 years and currently in the process of getting British Citizenship, which I am hoping to get by April and subsequently British Passport by June. I work for a leading international bank in London.<br>
My girlfriend is currently doing Masters in Illinois, USA, so, I am looking to move to US, but understand the H-1B visa is a bit complicated.
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My question is, how does the quota system work for H-1-B visa and when does the new quota start, and what's the best period to apply for one? So, If I am looking to move there in October 2015, when do I have to get an employer to apply for H-1B for me (provided an employer agrees to sponsor me)? or, is there a particularly good time to apply for H-1B visa?
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Also, is it easier to get the visa if I am there physically in the US or it doesn't matter?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
How will I know if my H-1B petition has been accepted in the quota?
For cases filed with Premium processing, USCIS will issue a receipt notice via e-mail. Cases filed with regular processing will have to wait until either the receipt notice is sent via USPS (U.S. Postal Service ) or the case is returned by USCIS.
U.S. Citizenship and Immigration Services (USCIS) reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period, which ended on April 5, 2013. USCIS also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
As reported by The Indian Express:
The proposed changes in the issuing of H-1B visas, the highly sought after US work permits, will badly affect the Indian IT firms which depend heavily on these work visas.
This afternoon, Senators Schumer and McCain briefed me on the bipartisan immigration reform bill that they have drafted with their colleagues in the Senate. This bill is clearly a compromise, and no one will get everything they wanted, including me. But it is largely consistent with the principles that I have repeatedly laid out for comprehensive reform. This bill would continue to strengthen security at our borders and hold employers more accountable if they knowingly hire undocumented workers.
Canadian TN Nonimmigrants
On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant.
With respect to the TN classification, USCIS currently only accepts Form I-129 in connection with a request to extend a TN nonimmigrant’s stay or to change a nonimmigrant’s status to TN.
I am a Canadian citizen and recently started working in USA with a TN visa. I am planning to get married soon but wife is not from Canada, she is from Bangladesh, Can I apply for a TD visa for wife and how long is the process? Is it possible to bring wife with me after marriage? Also, Is it also possible to sponsor wife to become permanent resident of Canada while I am on TN status visa?
She has to get a TD visa through a US consulate (either Bangladesh or Canada is ok). It should be a relatively short process -- from same-day to a few weeks, depending upon what the consulate needs. We do not practice Canadian law, so I do not know what you can do on the Canadian side, but US immigration laws have no problem with you applying for her Canadian immigration while on TN/TD.
Isn't it true that a Mexican citizen with a valid TN visa may be admitted to the United States in TN status for up to three years, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible?
U.S. Customs and Border Patrol (CBP) indicates that a Mexican citizen with a valid TN visa, if otherwise admissible, may be admitted as a TN for up to three years, if applicable, provided that the applicant’s passport remains valid during the duration of that period of time.
Assuming that the Mexican citizen holds a passport that is valid for at least three years and that the alien is otherwise admissible, isn't it true that an employer’s letter or statement confirming that the employer intends to employ the alien for a temporary period of up to three years is sufficient to support admission for the requested period of time.
U.S. Customs and Border Patrol (CBP) indicates that this is true. A Mexican citizen TN nonimmigrant applicant for admission whose passport is valid for the requested admission period, and who is in possession of an employment letter confirming the employment period of up to 3 years, should be admitted for a 3-year admission period.
My employer filed my H-1B petition during the Quota using regular processing. Now we have received an RFE. Is it possible to change to premium processing now in order to receive an earlier decision from USCIS?
When the RFE response is submitted to USCIS, a request to upgrade the petition to premium processing can be submitted along with the response. In order to upgrade to premium processing, a new Form G-28 and a Form I-907 will need to be prepared and sent to the employer for signature to be submitted to USCIS with the request to upgrade to premium pr
My H-1B was filed under the quota for the year 2014 and recently approved. Am I now in H-1B status?
A petition filed under the 2014 quota cannot have an effective date before October 1, 2013. You cannot be in H-1B status prior to that date.
Can you let me know when we can start filing H-1B cases again for this year?
If the beneficiary is not subject to the quota, you can file an H-1B for them at any time. If the beneficiary is subject to the quota, the new H-1B cannot be submitted to USCIS before April 1, 2014, with an effective date of October 1, 2014. We will start working on next year’s quota cases in January 2014.
I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .
There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel?
For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a citizen of Mexico to the U.S. for the period of offered employment up to three years?
U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a TN applicant for the period of employment up to three years, the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. If this does not occur, an inquiry with the Special Cases Office could be initiated in order to have the admission reviewed.