No new H or L visa appointments will be made at the Mumbai Consulate

Partial Reduction in Visa Operations at U.S. Consulate, Mumbai

March 3, 2011

The U.S is committed to facilitating the visa interview process throughout India. We are constructing a new Consulate for Mumbai. The new multi-million dollar Mumbai Consulate facility is scheduled to open later this year.

Unfortunately, the current Mumbai Consulate building’s aging infrastructure has forced us to close several of the interview windows in Mumbai, limiting the number of applicants that can be accommodated at a given time.

If you have already scheduled an H or L visa interview appointment at the Mumbai Consulate, you may keep that interview time. No new H or L visa appointments will be made at the Mumbai Consulate. New H and L interviews may be scheduled at the other U.S. Consulates in India or the Embassy in New Delhi.

Appointments will be scheduled via VFS at https://www.vfs-usa.co.in/USIndia/Index.html. Appointment times can be found on the VFS website.

H1B FY 2012 Will Not Require Online Preregistration of Employers to File H-1B Cap Petitions

As per recent press release by USCIS, it seems like H1B Pre-registration rule will not be effective until March 2012. So individuals planning to apply for H1B-FY 2012 should not worry about this at this time. Please read press release and FAQ on the rule below. The proposed rule was posted to the Federal Register today for public viewing. USCIS encourages formal comments on the proposed rule through www.regulations.gov. The comment period runs for 60 days, beginning March 3, 2011, and ending May 2, 2011.

USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses

March 2, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is publishing tomorrow a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

USCIS Director Alejandro Mayorkas today announced the opening of a 60-day comment period that will allow businesses and the general public to provide input on the proposed system in order to ensure it best meets the needs of employers that rely on H-1B visas to bring in foreign workers for specialty occupations.

“The proposed rule would create a more efficient and cost-effective process for businesses interested in bringing workers in specialty occupations to the United States,” he said. “Improving the H-1B petition process is part of USCIS’s ongoing efforts to leverage new ideas and innovation to streamline our operations and enhance customer service.”

Under the proposed rule, employers seeking to petition for H-1B workers subject to the statutory cap would register electronically with USCIS—a process that would take an estimated 30 minutes to complete. Before the petition filing period begins, USCIS would select the number of registrations predicted to exhaust all available visas. Employers would then file petitions only for the selected registrations. The registration system would save employers the effort and expense of filing H-1B petitions, as well as Labor Condition Applications, for workers who would be unable to obtain visas under the statutory cap.

The proposed rule, which posted to the Federal Register today for public viewing, contains complete details about the registration system and estimated cost savings. USCIS encourages formal comments on the proposed rule through www.regulations.gov. The comment period runs for 60 days, beginning March 3, 2011, and ending on May 2, 2011.

For more information on the proposed H-1B rule, please see the accompanying Fact Sheet. For more information on USCIS and its programs, visit www.uscis.gov.

USCIS Seeks Public Comment on Proposed H-1B Registration System Fact Sheet

March 2, 2011

Advance Registration Process Would Reduce Costs for U.S. Businesses

Introduction

U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed rule that could save U.S. businesses more than $23 million over the next 10 years, according to USCIS estimates. This proposed rule would establish an electronic registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

The proposed rule was posted to the Federal Register today for public viewing. USCIS encourages formal comments on the proposed rule through www.regulations.gov. The comment period runs for 60 days, beginning March 3, 2011, and ending May 2, 2011.

Background

The H-1B is a non-immigrant visa which allows U.S. employers to temporarily employ foreign workers in specialty occupations. USCIS proposes to establish an advance, electronic registration process for U.S. employers seeking to file H-1B petitions subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.

Under the proposed rule, USCIS would establish an advance registration system. USCIS would inform the public of the registration process for any given year on its website at www.uscis.gov. The proposed advance registration process would require employers seeking to petition for H-1B workers subject to the statutory visa cap to simply register electronically with USCIS—a process that would only take 30 minutes to complete. Before the petition filing period begins, USCIS would select the number of registrations estimated to exhaust all available visas. Employers would then file petitions only for the selected registrations. The registration system would save employers the currently imposed effort and expense of submitting H-1B petitions, as well as Labor Condition Applications (LCA), for workers who would be unable to obtain visas under the statutory cap.

Questions & Answers

Q1. Why is USCIS proposing a change to the H-1B filing process?
A1. This rule reflects the Obama administration’s commitment to smart, tough and effective strategies that leverage the U.S. immigration system to the greatest benefit of immigrants and businesses. The proposed registration system would save employers the effort and expense of submitting full H-1B petitions, as well as LCAs, for prospective employees who will not be able to obtain visas under the statutory cap.

The current process requires U.S. employers to first obtain an LCA from the U.S. Department of Labor. Upon certification of the LCA, the employer may then file an H-1B petition with USCIS on Form I-129 (Petition for an Alien Worker). USCIS may only accept the properly filed H-1B petition if the statutory cap has not been reached.

Q2. Will the proposed advance registration process go into effect right away?
A2. No. Publication of the proposed rule is only the beginning of the regulatory process where USCIS announces its proposal and solicits public comments on that proposal. This proposed rule provides for a 60-day public comment period, which will allow businesses and the general public to provide input on the proposed system in order to ensure it best meets the needs of employers that rely on H-1B visas to bring in foreign workers for specialty occupations. After receipt and analysis of the comments, USCIS will draft a final rule. The registration process would only become effective after the final rule is published.

Q3. How would this advance registration impact the processing time for H-1B petitions?
A3. This proposed rule would not impact the processing times for Form I-129, once an H-1B petition has been accepted for adjudication.

Q4. What is the estimated financial impact of this proposed rule for businesses?
A4. USCIS prepared an economic assessment of the benefits and costs anticipated to occur as a result of this rule, and we estimate that the net savings for H-1B petitioners would be more than $23 million over the next 10 years.

Q5. When could USCIS use this advance registration process?
A5. This electronic registration system will not go into effect until a final rule is published and becomes effective. If a final version of the rule is published by January 2012, USCIS could implement the proposed registration system for the fiscal year 2013 H-1B season, which opens in April 2012.

Q6. How may I provide comments on the proposed registration process?
A6. To comment on the proposed rule, members of the public can submit written comments by using any one of the following methods:

• Federal Rulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
• E-mail: rfs.regs@dhs.gov. Please include DHS Docket No. USCIS-2008-0014 in the subject line of the message.
• Mail: Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW, Washington, DC 20529-2020. To ensure proper handling, please reference DHS Docket No. USCIS-2008-0014 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions.
• Hand Delivery/Courier: U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW, Washington, DC 20529. Contact telephone number: 1-202-272-8377.

Source: www.uscis.gov

Can one initiate H1B Transfer after Visa and I-94 has expired when H1B Extension is Pending with USCIS?

If one’s H1B and I-94 has expired and his/her current employer has filed an extension which is pending with USCIS, can one change his/her employer?

Can one initiate H1B transfer when a H1B extension is pending with USCIS?

Different people interpret this in a different way. There is no defined statutory rule about this. This is gray area and solely depends upon discretion of an USCIS official. Your case could be argued in many ways.

a) Since you have filed an extension, your presence in US is legal and hence starting a new transfer should not be a problem. As long as your extension is not revoked or withdrawn by your current employer and you can get your H1B transfer approved before it is withdrawn, you should be fine. In such scenario please ask your new employer to process your H1B transfer case in Premium Processing and do not resign from current employer before your transfer case is approved. It will be wise to stay put.

b) Some officials could argue that since you were assumed to be in legal status based on H1B extension filing, and successive withdrawal of a H1B extension before approval after leaving your current company (even if H1B transfer case was approved before extension withdrawal) makes your presence after your I-94 expiry unlawful in US and hence H1B transfer should be void. You should leave the country immediately.

c) In other cases, officials could cancel your extension and just award you H1B transfer based on Consular processing. In this case you have to go outside the country to get your H1B stamped before you can start working for new employer.

d) Even if your H1B transfer is approved without any hiccups before extension is approved, there is always a chance that question on your legal presence in country could come up during I-485 interview or an approval.

Some of the approaches you can take are

• Do premium processing in both cases. (Start transfer after Extension approval),
• Do premium processing for the H1 extension and then after approval of which you can start a normal H1 transfer. You can start working on receiving I-797 receipt
  
• Wait until Extension is approved before starting Transfer.

Best approach in this scenario would be to wait till the extension is approved and then start a H1B transfer. In any case please talk to a lawyer before taking any action as this clause is interpreted differently depending on the facts of the case.

Durbin-Grassley's Letter to DHS Secretary to terminate 17-month OPT extension program for STEM students

Senator Grassley and Senator Durbin's letter to DHS Secretary, Janet Napolitano requesting restoring integrity of H1-B Program and reconsidering terminating 17-month OPT extension program for STEM students.

H1B FY 2011 Cap Reached - 26th January 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.

USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. USCIS will use this process to select petitions needed to meet the cap. USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee.

On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Pursuant to the Immigration and Nationality Act, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated FY2011 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:

a) extend the amount of time a current H-1B worker may remain in the U.S.;
b) change the terms of employment for current H-1B workers;
c) allow current H-1B workers to change employers; and
d) allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers, or computer programmers.

For more information on USCIS and its programs, visit www.uscis.gov.

Fact Sheet on RFEs and NOID

USCIS Announces Flexible Response Times for Notices of Intent to Deny and Requests for Evidence

On April 12, 2007, the Department of Homeland Security (DHS) transmitted the final rule Removal of the Standardized Request for Evidence Processing Timeframe to the Federal Register (FR). The rule will take effect on June 16, 2007. This rule amends DHS regulations to give U.S. Citizenship and Immigration Services (USCIS) flexibility in setting the time allowed for immigration benefit applicants and petitioners to respond to a Request for Evidence (RFE) or to a Notice of Intent to Deny (NOID). This change does not apply to asylum cases, to which a separate set of regulations apply.

The amended rule makes the following key changes and clarifications:

Flexible Response Times to RFEs Permitted

Regardless of the type of evidence requested, the old regulation required USCIS to set an inflexible 12 week period for applicants or petitioners to respond to an RFE. The new regulation permits USCIS to set flexible deadlines. Deadlines will depend on the complexity of cases and types of applications or petitions filed. For example, when requesting readily available or missing initial evidence, USCIS can set a response time much shorter than 12 weeks. On the other hand, USCIS can provide the full 12 week response period for more difficult to obtain evidence.

No Extensions to Submit Responses to RFEs or NOIDs

Regardless of the evidence requested, USCIS has never allowed extensions beyond the maximum 12 week deadline for RFEs and the 30 day deadline for NOIDs. That bar does not change, even though the new rule allows USCIS to set deadlines shorter than those maximums. For example, under the new regulation, USCIS may issue an RFE that gives an applicant 30 days to submit a photo. USCIS will not grant an extension of that 30 day period. Failure to timely respond to the RFE may lead to denial of the application or petition.

When Evidence Submitted With The Application or Petition Does Not Show Eligibility

When initially submitted evidence does not show eligibility, the new regulation allows USCIS to deny the application or petition. As always, USCIS may request that the applicant or petitioner submit additional evidence within a specified time period or may notify the applicant or petitioner that USCIS intends to deny the application or petition. To avoid denial, USCIS urges applicants and petitioners to file complete applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations.

Reasons for Issuing a NOID

USCIS may issue a NOID when there is evidence of ineligibility for immigration benefits and is required to issue a NOID when there is negative evidence that the applicant or petitioner does not know about. An applicant or petitioner may respond to the NOID by submitting evidence to disprove the negative information.

If There Is No Response to an RFE or a NOID

The new regulation provides USCIS three options if it does not receive a response to an RFE or a NOID. USCIS may:

• find that the application or petition has been abandoned and, if so, deny it;

• deny the application or petition based on the evidence already received; or

• deny the application or petition for both reasons.

When an Applicant or Petitioner Does Not Appear for a Required Appointment

If an applicant or petitioner fails to appear for biometrics capture, interview or any other required in-person process, USCIS may deny the application or petition as abandoned. However, USCIS may not do so if, prior to the scheduled appointment time, it receives a timely-filed change of address or request to reschedule and decides that the failure to appear is excusable. In such cases, USCIS will reschedule the appointment. USCIS reminds applicants and petitioners that they are required to file an AR-11 change of address form within ten days of their move.

Source

H1B 'Cap Exempt' Visa as an Option?

Most of the international students after graduation would focus their attention to find a job in corporate world. But it is always difficult to find an employer who will be ready to sponsor your H1B visa. If you are lucky, you may find an employer who is willing to sponsor your work visa, but could not do it because quota is not available at that time or if quota is open, is worried that he may have to wait until start of fiscal year in October before you could begin working for him. What are other options in such case? Well in this case, you can opt for working for organizations that are exempted from H1B visa regular cap quota.

What is H1B ‘Cap Exempt’ Visa?

The "cap exempt" provision of the H1B visa program allows certain US companies and organizations to employ an unlimited number of H1B workers and apply for H1B's at any time of year.

Cap exempt H1B's are available for ALL types of H1B jobs and positions.

This is a great way to find sponsorship jobs and apply for H1B visas all year round. This way you can get your foot in the door and get your first H1B.Once you have an H1B you can then transfer it to a new employer (from cap exempt to cap subjected quota is little tricky). Cap-exempt is not quota limited or restricted the same way as the regular H1B quota. This way you can file for H1B's and start work in the USA at any time of year.

Who can sponsor H1-B ‘Cap Exempt’ visas?

The USCIS states that petitions (applications) for new H1B employment are exempt from the cap if the applicant will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H1B categories regardless of H1B visa number availability.

Petitions filed on behalf of current H1B workers do not count towards the congressionally mandated H1B cap. Accordingly, this rule does not affect USCIS processing of petitions filed to:

• Extend the amount of time a current H1B worker may remain in the United States
• Change the terms of employment for current H1B workers;
• Allow current H1B workers to change from one cap-subject position to a different cap-subject position with a different employer
• Allow current H1B workers to work concurrently in a second H1B position.
  

What are advantages of H1B ‘Cap Exempt’ visas?

Unlike the Regular H1B visa , ‘Cap Exempt’ visas

• No annual numerical limit
• No set filing dates
• No set employment start dates

What types of H1B Jobs are available within non-profit Organizations ?

Non profits organizations are varied and in their business nature and markets - Non profits have all types of business departments (IT, finance, marketing, sales etc etc - and All types and levels of jobs are typically available.

H1B FY 2011 Cap Count - Still 1500 visas available

As per recent release by USCIS, regular cap has utilized till date 62,800 visas. Just to remind our readers, all application submitted under Masters Cap will be counted towards regular cap.

As per American Immigration Lawyer Association (AILA), USCIS has 6,350 H-1B Singapore and Chile unused numbers from FY 2010. The readers should remember that available visa numbers for regular cap cases is not 65,000. Not all H-1B visa are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year. From last year we still have these 6,350 unused visa numbers.

Taking this into account, H1B Cap for FY 2011 will not be reached until regular cap has utilized around 64,350 total visas under regular cap.

Planning on H1B Stamping in India - Please read this on 221(g)

For all the H1B holder planning to stamp their H1B visa in coming months should read this important information on murthy.com.

H1B and H-4 Visa Applications in India Plagued by 221(g) Refusals: Part 1 Posted 14.Jan.2011

Historically, the U.S. consulates in India have had a reputation for closely scrutinizing visa applications. The standards at the consulates for H1B visas were quite strict, even prior to the U.S. Citizenship and Immigration Services' (USCIS's) implementation of stricter adjudications policies. Recently, however, the consular rates of reported issuance of 221(g) visa refusals and denials have reached a critical level. At the present time, it would be wise for H1B workers employed by IT consulting companies, as well as their H-4 spouses, that they limit international travel unless it is absolutely necessary. Those working for employers in other sectors also face risks that should be carefully considered before traveling internationally and applying for visa stamps abroad.

221(g) Ineligibility

The Immigration and Nationality Act (INA) Section 221(g) is a fairly generic provision, which states that consular officers cannot issue visas to applicants who are ineligible to receive the visas under any section of law, or if the visa applications do not comply with immigration laws and regulations. Put simply, 221(g) is a catchall provision for refusing a visa if, in the opinion of the consular officer, the applicant has not proven eligibility for visa issuance. The 221(g) is classified as a visa "refusal" and must be revealed as such in any later visa applications. This was addressed in our news article, 221(g) Visa Stamp is Considered a Visa Refusal (18.Dec.2009), available on MurthyDotCom.

For many applicants, the 221(g) notification (issued on various colors of paper) is not the end of the road. It is not uncommon for 221(g) visa refusals to be used by the consulates as a way of issuing requests for evidence (RFEs). They contain preprinted lists of documents, and consular officers check off the boxes corresponding to the additional documents needed to make their final decisions.

Some 221(g) notices are for administrative processing. These do not require additional documents from the applicant. They involve internal background checks on the applicant and/or the petitioning employer, if applicable.

Cases Receiving 221(g)s

The 221(g) can be issued in any type of visa application. We are receiving daily inquiries and requests for assistance from individuals and their employers after problems arise in their visa applications. The cases coming into the Murthy Law Firm and Murthy Immigration Services, Pvt. Ltd. (MISPL) in Chennai, India, most commonly involve IT consulting company employees applying for H1B visas. However, we are also receiving inquiries from individuals in other lines of work who have received the same treatment. While these types of cases represent a smaller proportion of those experiencing problems, it has become a common occurrence.

Why Visa Applicants Receive 221(g) Refusals

The 221(g) provisions have been used for many years to request additional documentation, or to put the application on "hold," pending additional background and security checks. What is occurring at the present time, however, is the seemingly universal use of a laundry list 221(g) in many H1B cases, without regard to the content of the H1B petition itself or documents and information offered at the interview.

Read More on Murthy.com

H1B FY 2011 Cap Count - 14 January 2011

As per recent release by USCIS, regular cap has utilized till date 60,700 visas. As per American Immigration Lawyer Association (AILA), USCIS has 6,350 H-1B Singapore and Chile unused numbers from FY 2010. The readers should remember that available visa numbers for regular cap cases is not 65,000. Not all H-1B visa are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year. From last year we still have these 6,350 unused visa numbers. Taking this into account, H1B Cap for FY 2011 will not be reached until regular cap has utilized around 64,350 total visas under regular cap. Just to remind our readers, all application submitted under Masters Cap will be counted towards regular cap.

H1B FY 2011 Cap Count - 7th Jan 2011

As per recent release by USCIS, regular cap has utilized till date 58,700 visas. As per American Immigration Lawyer Association (AILA), USCIS has 6,350 H-1B Singapore and Chile unused numbers from FY 2010. The readers should remember that available visa numbers for regular cap cases is not 65,000. Not all H-1B visa are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year. From last year we still have these 6,350 unused visa numbers. Taking this into account, H1B Cap for FY 2011 will not be reached until regular cap has utilized around 64,350 total visas under regular cap. Just to remind our readers, all application submitted under Masters Cap will be counted towards regular cap.

How to contact USCIS National Customer Service Center ?

Yesterday USCIS released guide on the services provided by USCIS. This is a quick cheat sheet for anyone who is trying to get in contact with USCIS Customer Representative regarding recently filed cases, queries or any discrepancy in their receipt or approval notice. This Customer Service Reference Guide provides information on the services provided by USCIS. This guide is a duplicate of the information used by the representatives at the National Customer Service Center to answer calls on our toll free numbers.

For information about a particular immigration benefit or service, please select the appropriate topic on the menu below. USCIS encourages petitioners to go through this information before calling National Service Center. This is the comprehensive information that is available online. Individual should bookmark this page for future reference.

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• Getting Ready to File (326KB PDF)

• Need to Order Form (21KB PDF)

• Benefits for U.S. Citizens (1375KB PDF)

• Benefits for Permanent Residents (1447KB PDF)

• Nonimmigrants (1579KB PDF)

• Refugees and Asylees (320KB PDF)

• Filing for Permanent Residence based on Employment (207KB PDF)

• Filing for Permanent Residence Based on a Family Petition (331KB PDF)

• Employer Responsibility ( PDF)

• Employment Authorization (140KB PDF)

• Temporary Protected Status (534KB PDF)

• Special Programs (233KB PDF)

• Hiring a Foreign National for Short-Term Employment (1915KB PDF)

• Helping a Foreign National Employee Get Permanent Resident Status (676KB PDF)

• Treaty Traders and Investors (416KB PDF)

Source : USCIS Customer Service Guide

'Hard' vs 'Soft' LUD - How to use it to track your case status with USCIS?

If you heard people talking about keeping track of 'Soft' and 'Hard' LUDs on forums and other websites, and wondered what it is, now you can understand what is LUDs and how you can use them to track any activity on your petition that is pending with USCIS. LUD is an abbreviation for 'Last Updated Date'. In order to track any activity on your pending petition, you will first need to register an account with USCIS to check your case status online.

Here is a link to register for USCIS case tracking system. Once you are registered to the system, you will need to add each case you want to track based on receipt number on notice that you had recently received from USCIS. You will see your case as shown below. You can track LUD (Last Updated Date) on your case in column shown with red box below.


You can go into each case to check your status. USCIS allows an individual to setup an email or mobile alert to track case status update.


Hard LUDs
"Hard" LUD (Last Updated Date) is one where you see status update to your case. Example from "Initial Review" to "Decision". Here you know why case was updated; you can see the update status online. You can even get an email or mobile alert, if you had opted for this option. However, the status will only change if the USCIS updates your case from one to other (receipt notice, approval notice, request for evidence (RFE), notice of intent to deny (NOID), card production, or other documents) or on receipt of response to RFE, NOID or request to premium process the case.

Soft LUDs
"Soft LUD" is one where you will not see any change in status or get an email alert from USCIS. These are the internal activities that occur at USCIS. For example your I-485 case has been processed and ready to be approved, but USCIS could not approve it because your priority date is not current. Others like your fingerprints get added in the system, your background check results are received, your case was moved internally from one cabinet to other or moved from one service center to other etc. You can track this by logging into USCIS Case Status system and checking "Last Updated" column in your portfolio. If you know that you expect any update in your case due to FP or background check or your I-485 is about to process, you can track this based on "Soft LUD". But again, this is all based on guesstimate and no one other than USCIS knows what is the real reason behind the update. My personal opinion is that I would not lose my sleep over tracking Soft LUDs. You will never get anything useful from it.

H1B FY 2011 - Still 1000 Visas Available under Regular Cap

AS of 31st December 2010, USCIS announced that atleast 1000 visa numbers are still available under Regular Cap Quota. Masters Quota has been reached. USCIS is still accepting application under Master's quota that will be counted towards regular cap. Regular Cap eligible petitioned received till date is 57,300

Visas Still Available : H1B FY 2011 Cap Count - 24 December 2010

As per recent release by USCIS, Masters Cap has been reached. Still 2000 visa are available under regular cap. The readers should remember that available cap numbers for regular cap cases are not 65,000. Not all H-1B visa are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

Regular Cap still has 2000 visas left. If you are looking to sponsor your employee, please 'Hurry Up!!!'

H1B FY 2011 Cap Count
Regular Cap Reached	55800
Regular Cap Limit	65000
Masters Cap Reached	20000
Masters Cap Limit	20000
Last Counted	24th December 2010

H1B FY 2012 : List of Disqualified Employers

H1B FY 2012 season will be here soon. It is advisable that the prospective aspirants for H1B FY 2012 should be aware of the debarred or disqualified employer for this season. Please make sure you do not become a bait to any of these employers for your H1B filing. These employers are willful violator employer and are black-listed.

What is a “willful violator employer”?

“Willful violator” or “willful violator employer,” means an employer that meets all of the following standards:

• A finding of violation by the employer is entered in either of the following two types of enforcement proceeding:
  
• A Department of Labor proceeding under the Immigration and Nationality Act (INA) § 212(n)(2); (8 U.S.C. § 1182(n)(2)(C); or
  
• A Department of Justice proceeding under INA § 212(n)(5); (8 U.S.C.§ 1182(n)(5).)
• The agency finds that the employer has committed either a willful failure or a misrepresentation of a material fact (two of the Labor Condition Application (LCA) attestations; and
  
• The agency’s finding is entered on or after October 21, 1998.

A willful violator employer must comply with additional attestations under any LCA it files within five years of the willful violation finding. The only exception is when an LCA is filed for and used exclusively for exempt H-1B workers (see WH Fact Sheet #62Q).

Willful violators and H-1B-dependent employers (see WH Fact Sheet #62C) which file an LCA must meet the following additional requirements:

• The employer has not displaced a U.S. worker at the time of filing an H-1B visa petition (see WH Fact Sheet #62N);
  
• Before placing an H-1B worker at a secondary employer’s work site, the employer has inquired as to the secondary employer’s intent to displace a U.S. worker (see WH Fact Sheet #62N);
  
• The employer has taken good faith steps to recruit U.S. workers (see WH Fact Sheets #62O and #62P); and
  
• The employer has offered the job to any equally or better qualified U.S. worker who applies for the job for which the H-1B worker is sought (see WH Fact Sheets #62O and #62P).

Willful violators are subject to random investigations by the Department of Labor for a period of up to five years from the date that the employer is determined to be a willful violator. The Wage and Hour Division maintains a current list of such H-1B willful violators.

All requirements listed above can be found in 20 CFR § 655 Subparts H & I and the Immigration and Nationality Act § 212(n).

H-1B Debarred/Disqualified List of Employers

The Wage and Hour Division maintains the list below of willful violator employers under the H-1B program.

Employer Name	Willful Violator	Debarment Period
4MY2C, Inc. d/b/a Goldilocks Corp. 10329 Painter Ave. Santa Fe Springs, CA 90670	YES	6/1/2009 to 5/31/2011
Allied Rehabilitation and Pain Management, Inc., Allied Rehabilitation Services, Inc., Optimal Network Resources, Inc., and Ortho-Neuro Rehabilitation, Inc. 989 University Drive Pontiac, MI 48342	YES	7/31/2010 to 7/30/2011
Allied Solutions Group, Inc. d/b/a Allied Solutions Group 4836 Brecksville Rd., Suite 3 Richfield, OH 44286	YES	10/31/2010 to 10/30/2012
Asian Journal Publications, Inc. 1150 Wilshire Blvd. Los Angeles, CA 90017	YES	7/31/2010 to 7/30/2012
Bradley Consulting Services, Inc. Maria Bradley 3357 Pitcher Plant Circle Pensacola, FL 32506	YES	6/1/2009 to 5/31/2011
Citizens Mortgage Corporation and John DeLosSantos, Individually and as President 26-01 Pollack Ave. Fair Lawn, NJ 07410	YES	7/31/2010 to 7/30/2012
Comdata Consulting, Inc. 2775 Algonquin Rd., Suite 240 Rolling Meadows, IL 60008	YES	9/30/2010 to 9/29/2012
Complete Systems Solutions, Inc. d/b/a CSSI 560 Sutter Street #400 San Francisco, CA 94102	YES	6/1/2009 to 5/31/2011
Cyberworld Enterprise Technologies, Inc. d/b/a Tekstrom, Inc. DE Industrial Park Suites 101-1022 18 Shea Way Newark, DE 19713	NO	7/31/2010 to 7/30/2011
Healthcrest Enterprises, Inc. 3125 S. Pickwick Place Suite B Springfield, MO 65804	NO	7/31/2010 to 7/30/2011
Integrated Global Systems, Inc. 14 Washington Road Building 2, Suite 212 Princeton Junction, NJ 08550	YES	1/1/2010 to 12/31/2011
Juno Healthcare Staffing System, Inc. and Dante Teodoro, Individually and as President 91-31 Queens Boulevard Suite 608 Elmhurst, NY 11373	YES	7/31/2010 to 7/30/2012
K-Soft Information Technologies, Inc. 9951 Atlantic Boulevard Suite 450 Jacksonville, FL 32255	YES	7/31/2010 to 7/30/2012
Magnolia Pool Supply, Inc. 9571 Magnolia Ave. Riverside, CA 92503	YES	6/1/2009 to 5/31/2011
Mahadeep Virk DMD Puyallup P.S. d/b/a Avenue Dental Care 11707 101st Avenue Court East Puyallup, WA 98373	YES	9/30/2010 to 9/29/2012
Mertz, Bitelman & Associates Law Office P.C. 45 West 34th Street Suite 202 New York, NY 10001	YES	6/30/2010 to 6/29/2012
MQ Solutions LLC and its members and controlling agents Mrs. Ellen Esquerra Durman, and Mr. Mark Durman 1400 Marcia Drive La Habra, CA 90631-2477	NO	10/31/2010 to 10/30/2012
Multicare Therapy Center 1527 Route 27 Suite 1100 Somerset, NJ 08873	YES	1/1/2010 to 12/31/2011
Netultimate.Com, Inc. Sounder Dilipan 8116 Arlington Blvd. Apt. 121 Falls Church, VA 22042	NO	6/1/2009 to 5/31/2011
New Hope Solutions, Inc. 2731 Sawbury Blvd. Columbus, Ohio 43235	YES	1/1/2009 to 12/31/2010
Pegasus Consulting Group, Inc. 90 Woodbridge Center Dr. Woodbridge, NJ 07095	YES	6/1/2009 to 5/31/2011
Pegasus Consulting Group, Inc. a/k/a Pegasus Systems, Inc. 100 Matawan Road Matawan, NJ 07747	YES	5/31/2011 to 5/30/2013
Professional Technology Staffing, Inc. d/b/a PTSI 560 Sutter Street #400 San Francisco, CA 94102	YES	6/1/2009 to 5/31/2011
Quest Software Services, Inc. 6825 Hobson Valley Dr. Suite 102 Woodbridge, IL 60517	NO	6/30/2010 to 6/29/2011
R-Tech Group, Ltd. a/k/a R-Tech, Ltd. Kala Ramasamy and Balaguru Ramasamy P.O. Box 423 Keego Harbor, MI 48320	YES	1/1/2009 to 12/31/2010
S J B Enterprises 611 S. Catlina Street, #315 Los Angeles, CA 90005	YES	1/1/2010 to 12/31/2011
Satya Marg Solutions, Inc. One Woodbridge Center Suite 440 Woodbridge, NJ 07095	NO	6/30/2010 to 6/29/2011
Sphero Trading Inc. d/b/a US Resources Co. 2951 Marion Drive #115 Las Vegas, NV 89115	YES	6/1/2009 to 5/31/2011
Tekstrom, Inc. DE Industrial Park Suites 101-1022 18 Shea Way Newark, DE 19713	NO	7/31/2010 to 7/30/2011
Tisco Group, Inc. 21800 Haggerty Road Suite 204 Northville, MI 48167	NO	1/1/2010 to 12/31/2010
United States Professional, LLC d/b/a USP, LLC 13014 N. Dale Mabry Highway Suite 109 Tampa, FL 33618	YES	7/31/2010 to 7/30/2012
WinVision, Inc. 1556 Halford Avenue, Suite 275 Santa Clara, CA 95051	YES	9/30/2010 to 9/29/2012

Last Updated on November 2, 2010

Source: www.dol.gov

H1B FY 2011 Cap Count - 17 December 2010

These are the latest update on H1B FY 2011 CAP Count. The readers should remember that available cap numbers for regular cap cases are not 65,000. Not all H-1B visa are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year. Also when number is reached for Masters Cap, all Masters application will start using the numbers from Regular Cap Case. H1B FY 2011 Quota would likely be reached by New Years.

H1B FY 2011 Cap Count
Regular Cap Reached	53900
Regular Cap Limit	65000
Masters Cap Reached	19700
Masters Cap Limit	20000
Last Counted	17th December 2010