USCIS Memorandum on Acceptance of H-1B Petitions without Certified LCAs
Please see the attached memorandum released by the USCIS on Dec 10,09.
Please see the attached memorandum released by the USCIS on Dec 10,09.
As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.
U.S. Citizenship and Immigration Services (USCIS) reminds the public that the H-1C nonimmigrant category expires on Dec. 21, 2009.
U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.
U.S. Citizenship and Immigration Services (USCIS) announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency’s final rule that became effective on Jan. 17, 2009. USCIS is making the one-time accommodation in deference to the industry’s prior exemption from the 3-year limitation. This exemption does not impact other H-2A categories.
I am on OPT F-1 Status after my second degree. I need to know what other parts of US outland I can visit besides Hawaii without having any immigration problems?
Normally, travel to "contiguous territories" (like Canada and Mexico) does not require a visa when the trip is less than 30 days AND you do not happen to be a national of one of the eight countries that US govt. looks upon with some suspicion. But there can be immigration problems. Trip to any one of the 50 states presents no special issue.
I was denied a visa this morning under 214(b) in Kuwait. I have been working in Kuwait for a year (I am an expatriate), and have an offer of employment upon return from my studies. I just received a letter to that effect (after the denial). This is my second denial. Would the letter be sufficient as additional evidence for reapplication? I also have a bank account containing about $3000 which I plan to keep for when I return (apart from my sponsor's account).
214(b) denial is based upon a suspicion that you have no intention of returning to your home country. This ground is almost impossible to overcome when you are an expatriate, but you can try. I hate to be the bearer of bad tidings, but I doubt this will work.
I was just wondering what the laws say about an F-1 student working for the company that he co-founded when he's on OPT. Suppose that I start up a new business while I'm still a full time student, I can't draw a salary from it but I maintain ownership, in part or whole. When I'm done with school, and approved for my OPT, can I work at my company and draw a salary from it then?
As far as I know, theoretically, you could be working for yourself on OPT as long as your work is related to your area of study. I think I read that in one of the FAQ issued by USCIS. But you will not be able to continue doing that on H-1.
I have valid H1B stamp till 2010 sept from employer A. Just after coming into US, transferred to employer B. My transfer is approved and got the I797 approval notice, which is valid until Sep 2010. Now I am planning to go India. Can I re enter US using my previous employer's Visa stamp and the new I797 or do I need to get visa stamped again? Is it true that if the previous employer has cancelled the visa, it would be a problem and the visa has to be re-stamped. It would be great if this can be clarified?
An H-1 visa does NOT need to be stamped during its life even if you change employers. You can use the same visa to travel as long as you have never been out of status.
I have valid H1b visa till Sep , and right now I am in India ....can you please help me guide through possible ways of visa extension.
An extension can be had only if the employer can demonstrate that they have a definite job open for you. The rest is up to the lawyers and USCIS.
I might get laid off. My labor is pending and I will apply for B1/B2. In the mean time if my employer recruits me back again, will I be able to continue with my PERM and rest of the green card process? Do I have to start from the beginning?
There is no easy answer. It could be argued that the employer laid you off so the permanent job, which is the basis of the green card is gone. Hence, the process is fatally interrupted. Generally speaking, I think you should be able to continue.
This document was released by USCIS by mistake in March 2009 and contains the criteria USCIS uses to refer cases for fraud investigations.
I applied for a H1 Transfer in May 09 as my client required me to be an employee of the preferred vendor.In aug 09 I received an RFE asking for a client letter.Could you please let me know if there is anyway to get the approval without the client letter or any other supporting document will serve the purpose. Please do the need full.
Read my blog and my article on this issue.
I have a small query that F-1 student are allowed to work on-campus(20 hr) and for off-campus they need work permit but if they solve quetsions over internet and get paid by someone outside US then is it legal? or does it require any permit? In other words if some student (F1) provide support to some company outside USA (over internet) and get paid is it legal?
I do not believe there is any law that specifically addresses this issue, but I believe all work done on US soil is likely to be considered illegal.
I currently have both an B1/B2 and F1 visa. I got into a graduate program at a university in Teaneck, New Jersey. What are the possibilities of getting a job off campus and would i be able to get a social security card..? What are the issues i have to deal with in such cases?
You need to discuss your options with your International Students Office. Ask them also about curricular practical training, where you are allowed to work for credits.
I got a 2 year visa for my Masters and my Visa was expired on May 31st 2009, I converted to OPT from June 1st, 2009. I am on OPT and I do have a job now. I got an emergency now to go to India. Is it possible for me to reenter United States.
You will need to get the visa stamping done again.
If I stay outside the US for 365 days and return back on the same L1/H1B,will it reset the 5/6 year limit for the visa? Let’s say i max-out on L1B in Aug 2009 and have a valid H1B petition from Jan 2010-Dec 2010. If I go out of the US in Aug'09 and return in Sep 2010,when I re-enter and apply for H1B extension, will I get 6 more years on the same H1?(since technically,at that point,i would have already stayed outside US for 365 days and my H1B clock would start over fresh). If No,should I apply for a NEW H1B?If yes,will this new H1 be subject to the 65k cap?
Once you have been outside USA for one year, there are two options. One, be subject to the quota and get 6 years of H-1. Two, if there was any H-1 period left, take the remainder and not be subject to the quota.
My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?
Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).
I have applied for EOS H1B at the end of june but my case still shows as pending processing on USCIS website. However, it looks like several cases filed in July have already been approved. What can I do about this?
Contact customer service of USCIS or convert your case to premium.
I went through your blog on H1 to B1/B2. My friend has a similar case, he has been laid off and last working day is 09/15/09. He spoke to a local attorney on the feasibility of transferring H1 to B1/B2. But that attorney mentioned that the transfer request will be rejected as there will be a clear immigration intent. Can you please help with this?
From my blog, one thing should have been clear. Whether or not you get approved is irrelevant. A timely filed application puts you in authorized period of stay. That was the whole point.
1. I have heard that for H1B VISA application process the minimum educational qualification required is 16 years of education.A Bachelor’s degree from India is considered as only 15 years of education.
I have done an Intensive Diploma in German Language from Delhi University(regular) - one year and Advance Diploma in German Language from Delhi University(regular) - one year.So, ideally a two years regular course from Delhi University - will this be recognised? this is in addition to regular B.Com (H) from Delhi University. Will this fullfill the educational requirement for H1B?
2. How do i prove that i have actually been doing some/all of the tasks in my previous organisation? On my resignation, the company will provide me with an experience letter - but which is a very general one. Does not necessarily include the tasks performed.
A1. When a person has less than a complete 4-year bachelors degree, then each year of college education that they are missing may be replaced by three years of relevant experience in the field in which they are seeking a job. For instance, if a person has a three years degree in Mechanical Engineering and they wish to obtain an H-1
I wish to understand from you, how difficult or easy it is to get an H1B stamped for people other than IT sector? I am currently pursuing CPA (certified public accountant) course and will be writing my exams soon. How difficult do you think can it be to get an H1B stamped after completion of this course? Is IT the only favored sector?
The degree of difficulty has no quantitive scale. But generally speaking, all professionals should have the same degree of difficulty.
I am an H1B visa holder and married to a US citizen. I have read that if I do not use the EAD and keep my H1B valid through the Petition and AOS process, I could keep my H1B status and travel abroad without the approved AP (I131). Is that right? Or do I need anyway to file the I-131 and do not travel abroad while the parole arrives? My concern is because I need to travel abroad every 2 weeks, and I could not wait for the parole if it takes too much too arrive. We have not filed the petition yet. Should I include I7565 and I131? Can I keep my H1B status to travel abroad even if I file them?
You are permitted to travel on either an H-1 visa, or an
When is the employer bound to pay the prevailing wages as determined for an LCA and if the applicant is already working in the sponsored position. I have an H1B which was renewed recently, but my LCA was filed in March of 2008. Hence there were three wage determinations that were done for me - First one at the time of the initial H1B filing, second one at the time of the Labor for PERM and third one for the renewal. So at what dates does the prevailing wage come into effect as they happen to be different every time.
The employer is obliged to pay you the H-1 renewal wage now and the PERM wage after you get the GC approval.
After studying a 1 year graduate course in the US. Would I qualify for a work permit? Or would I still have to find an employer to sponsor me first before I could apply for the work permit?
There are several different kinds of work authorizations like OPT, CPT, etc. Contact your International Students Office.