Nobel prizes remind us why immigration matters - By Chris O'Brien

By Chris O'BrienIf you're looking for reasons to puff out your chest and take pride in being American, then take note that the first six Nobel Prize winners announced this week are U.S. citizens. Here's something else you should know: Four of those winners were born outside the U.S. That dynamic neatly summarizes the current state of our innovation economy. We are increasingly dependent on brainpower from overseas that migrates here to drive the...

Bill Introduced in House to Eliminate Diversity Immigration Visa and Allocate the Numbers to EB based category for individuals with Advanced Degree

A bill has been introduced in House to eliminate Diversity Immigration Visa , referred as DV lottery, and allocate the numbers to EB based category for individuals with Advanced Degree. This bill is much wanted step to overhaul employment based immigration. Professional who have obtained advanced degree in US Universities, and are stuck in limbo due to numbers unavailable will benefit from this bill. To qualify for these numbers individuals should...

H1B FY 2010 Cap Count - September 25, 2009 - 46,700

As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdra...

Senator Grassley's letter to Director of USCIS to ensure accountability in H-1B visa program

WASHINGTON – One year after an internal assessment showed extensive fraud and abuse in the H-1B visa program, Senator Chuck Grassley today is asking U.S. Citizenship and Immigration Services to hold employers accountable by requesting evidence from petitioners that H-1B visa holders actually have a job waiting for them in the United States. In his letter to the director of U.S. Citizenship and Immigration Services, Alejandro Mayorkas, Grassley cited...

H1B FY 2010 Cap Count - September 18, 2009 - 46,000

As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdra...

Questions & Answers: Pending Employment-Based Form I-485 Inventory

Questions & Answers: Pending Employment-Based Form I-485 InventoryQ: Why is the wait so long for my employment-based green card?A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State...

Case Status Inquiries with the Service Centers

WASHINGTON - U. S. Citizenship and Immigration Services (USCIS) has issued instructions on making inquiries with the agency's four Service Centers. Customers, community-based organizations and liaison groups should follow this guidance when inquiring about case related issues. This new process standardizes customer service and streamlines processing of customer inquiries at USCIS Service Centers. The step-by-step instructions are as follows:Step...

H1B FY 2010 Cap Count - August 28, 2009 - 45,100

As of August 28, 2009, approximately 45,100 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdra...

H1B FY 2010 Cap Count - July 3, 2009 : 45,000

As of July 3, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdra...

H1B FY 2010 Cap Count : June 29, 2009

As of June 26, 2009, approximately 44,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdra...

Bill gives in-state tuition to foreign professionals, families in Washington on H1B visa

A little-noticed measure passed by the Legislature and signed into law by the governor will extend in-state tuition rates at Washington state colleges and universities to foreign professionals at companies such as Microsoft and Amazon, as well as to their children and spouses.Under House Bill 1487, which takes effect July 1, the foreign workers would qualify for the same tuition rate as state residents if they have been in the state at least a year...

H1B FY 2010 : Applicants are receiving I-797 approval valid for less than 3 years

There are few reports that applicants who applied for H1B FY 2010 are receiving I-797 Approval with visa validity less than 3 years. This is especially true for the cases filed by staffing and consulting companies. This is particularly seen with cases, if an applicant has received a request for evidence (RFE) requesting a client letter and project details. Successively, if petitioner fails to submit a project detail stating that beneficiary's services...

H1B FY 2010 Cap Count : June 19, 2009

As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdra...

USCIS to Resume Premium Processing for I-140 Petition Starting June 29, 2009

WASHINGTON—USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2). After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit. USCIS will accept Premium Processing requests for Form...

Indian and China Born Natives : Is it time to bid adieu to the 'American Dream' ?

Mr. Charles Oppenheim of the Department of State Visa Office recently issued predictions for the movement of priority dates for the remainder of the fiscal year and future years. This article will be important to individuals from India and Mainland China. If you have applied for or planning to apply for a permanent residence in employment based: EB1 , EB2 or EB3 category and currently stuck in a ' Green Card ' limbo, your wait can be indefinite unless...

H1B FY 2010 Cap Count : June 12, 2009

As of June 12, 2009, approximately 44,400 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdra...

July Visa Bulletin 2009 : Visa Numbers Retrogress for EB2 China Mainland Category

July 2009 visa bulletin is out. As predicted, the cutoff date for China in the EB2 category has retrogressed to January 1, 2000. The June Visa Bulletin will become effective as of July 1st. Thus, the June Visa Bulletin, with an EB2 China cutoff date of February 15, 2005 remains effective...

H1B FY 2010 Cap Count, June 5, 2009 : Visa Numbers Rollsback - 44,400

As of June 5, 2009, approximately 44,400 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. This...

Senators Durbin-Grassley: When will we get our Reform Bill?

Senator Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) introduced the H-1B and L-1 Visa Reform Act last month–that would reform the H-1B and L-1 guest-worker programs to prevent abuse and fraud and to protect American workers. Senator mentioned in their bill that they would mend H-1B visa program, not end it, while making reasonable reforms that will not reduce H1Bs which are available. Bill talks about amending H1-B and L1-B visa programs....

U.S. Inquiry Into High-Tech Hiring

SAN FRANCISCO — The Justice Department has begun an investigation into whether the recruiting practices of some of the largest technology companies violated antitrust laws, according to two people with knowledge of the investigation.The investigation targets some of Silicon Valley’s best known companies, including Google, Yahoo, Apple and several others, these people said.The exact focus of the inquiry is unclear, but the people familiar with it...

H1B FY 2010 Cap Count Update: May 29, 2009

As of May 29, 2009, approximately 45,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn....

H1B FY 2010 Cap Count Update : May 26, 2009

As of May 22, 2009, approximately 45,700 H-1B cap-subject petitions andapproximately 20,000 petitions qualifying for the advanced degree capexemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1Bpetitions have been received to reach the statutory limits, taking intoaccount the fact that some of these petitions may be denied, revoked, orwithdra...

Occupations related to IT and Computer Engineering removed from Canada AINP Program (US H1B visa holder category)

On May 19, 2009, Canada removed all the occupation related to Computer and Software Engineering from H1B AINP Occupations under Pressure list. Last year Canada announced AINP Program for individuals in H1B category (US visa holder category). AINP is an immigration program operated on behalf of the Government of Alberta by the Ministry of Employment and Immigration in conjunction with Citizenship and Immigration Canada (CIC) to expedite the processing...

H1B FY 2010 : Case Status Not Available Online

Few Applicants are reporting that even with the valid USCIS Receipt number for H1B FY 2010 case, they are not able to view the status online on USCIS website. Individual is receiving an error "Your case cannot be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283"USCIS do try to keep up the records current with...

Schools Approved by SEVIS that qualifies for 12 month OPT

International Students looking to pursue higher education in United States are always concern about Universities which are eligible by SEVIS/SEVP to issue I-20, and eventually recognized and qualified by USCIS for 12 month (29 month for STEM students) On Practical Training (OPT) program after graduation.Here is the list of the updated SEVIS/SEVP approved scho...

H1B FY 2010 Cap Update: May 18, 2009

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced information on the number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 45,500 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap. Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees;...

H1B Approved and Currently on OPT : Can I transfer H1B ?

Students on OPT, who have been recently approved for H1B always have the question "I am currently on OPT and my H1B application was approved. Can I change my Job and transfer H1B to new employer?"Answer to "Can I Change my Job? " will be Yes, you can change job on OPT whenever you want. There is no obligation to work for any employer. Employment in US is at will, and one can change job anytime he/she wants.Tricky part will be "Can I transfer my H1B...

H1B FY 2010 Cap Count Update : 11th May 2009

As of May 11, 2009, approximately 45,000 H-1B cap-subject petitions for fiscal year 2010 and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until...

USCIS Receipts and Approvals : How to Amend Misspelled Name?

If you recently applied for H1B FY 2010 and received your I-797 receipt, there is a good chance that in excitement, you may overlook some spelling mistakes or wrong printed information. Please do not overlook this fact, as it can be detrimental later on, especially if mistake is present in I-797 approval notice. It may be easy to amend these mistakes early on, until petitioner's I-797 is not approved. USCIS do acknowledge that few errors occur when...

Napolitano says DHS is increasing H-1B enforcement

WASHINGTON: Indian professionals aspiring to go to the US to work may now find it more difficult to get H-1B visas with Washington deciding on stricter screening following complaints of misuse of the facility.Acting on the complaints, the US has adopted “fraud prevention tactics” to prevent such misuse. “We’ve added fraud prevention tactics. We’ve begun looking at other more standard fraud investigatory techniques that weren’t being used in H-1B...

June Visa Bulletin 2009 : Visa Numbers Retrogress for EB2 India Category

June 2009 visa bulletin is out. The cutoff date for India in the EB2 category has retrogressed to January 1, 2000. The June Visa Bulletin will become effective as of June 1st. Thus, the May Visa Bulletin, with an EB2 India cutoff date of February 15, 2004 remains effective through...

Students on OPT: Tips for Finding Job After Graduation

If you are on OPT after graduating from an American university and currently actively looking for a job, you may find this post helpful. In recent years after talking to many friends and colleagues overtime, I have found that it is not easy to get an entry-level job. Especially if you are an international student, life gets more tough. With new 90-day unemployment rule, finding job is a challenge. One would have to apply for many jobs daily, even...

Laid Off: Planning to go from H1B - F1B?

Recently many H1-B holders, who have been laid off are having tough time to find employers, who will transfer their H1-B and offer them job. These individuals are now taking the opportunity to go back to school and earn new skills. To transfer from worker visa to student visa, one would have to change their status from H1-B to F1-B.Here are few things that one should remember if he/she decides to go back to school. To transfer your H-1B to F1-B,...

H1B FY 2010 Cap still Open : 4th May 2009

U.S. Citizenship and Immigration Services (USCIS) today announced an updated number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap and received approximately 20,000 petitions for aliens with advanced degrees. USCIS also announced that they will continue accepting applications for advanced degree. Isn't this amazing? It...

H1B FY 2010 Approved : How early can I enter US?

If you recently received Form I-797 for your H1B case and your case was approved as consular processing (CP) case, you may apply for an H1B visa at your nearest consulate as soon as you receive the Form I-797. However your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797, unless you are already working on an H1B visa and have applied for a revalidation. Since you can only enter US, 10 days prior to the...

Does your Form I-94 has an Incorrect Information?

If you have an incorrect information on Form I-94 card or you have lost it, Please do not neglect this. Rather follow right procedure to amend it.What If your Form I-94 has incorrect information on it?If your Form I-94, Arrival-Departure Record, was issued by U.S. Customs and Border Protection (CBP) (at a port of entry) and it has an error, you should go to the nearest CBP Office with proof of entry or admission and the Form I-94, and request a new...

Reminder: Traveling with Pending H1B Application

Please avoid traveling out of US if you have recently filed H1B application for FY 2010 and currently waiting for approval. If an applicant is currently in US and has filed H1B FY 2010 for 'change of status', traveling outside US would void one's application.This is also true for any application filed with USCIS for 'change of status'. In case of emergency, if you have to travel outside country, please ask your lawyer to file an I-907 for premium...

H1B FY 2010 Cap Count : 27th April 2009

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap.The agency continues to accept petitions subject to the general cap. Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees;however, we...

Durbin-Grassley H1B Visa Reform Bill: Do We Need it?

U.S. Senators Dick Durbin (D-IL) and Chuck Grassley (R-IA) introduced "The H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007" late last week to overhaul the H-1B and L-1 visa programs to give priority to American workers and crack down on unscrupulous employers who deprive qualified Americans of high-skill jobs. The H-1B visa program allows American companies and universities to employ temporary foreign workers who have the equivalent of...

H1B Transfer Applicants: Be Vigilant

There are some reports that applicants pursuing H1B transfers are getting denials and request for evidence (RFE). It is not clear what led to this surge, but it looks like most of the denials were due to undisciplined petitioners or employers who did not pay their employees regularly, thus not complying with LCA regulations. Despite the cases being genuine, the beneficiaries are prone to denial.Individuals looking to transfer H1B should make sure...

H1B FY 2010: Non PP Advanced Degree cases are receiving Approvals

Cases exempted under advanced degree and filed as regular processing have started receiving approvals. So this means that the ball has started rolling for regular cases. Good luck to all the applican...

H1B FY 2010 : Few Applicants are Receiving RFE

Many H1B applicants for fiscal year 2010 are receiving request for evidence (RFE). Most of the reported RFEs are regarding the use of old I-129 form (Petition for Non-Immigrant Worker). Recently released form has an additional section to check “Has petitioner received TARP funding”. Senate recently passed a new bill enforcing tougher regulations on TARP funded companies, thus making it difficult to hire H1B workers.Many lawyers, in order to beat...

F.A.Q on 90–day unemployment rule for students on 12-month OPT

Last year USCIS released 90-day unemployment rule for students on OPT. This rule specifies an aggregate maximum allowed period of unemployment of 90 days for students on 12-month OPT. With economy struggling and no jobs available, it is important that students graduating with 12-month OPT be aware of this rule. To maintain one's status throughout, please see F.A.Q on what types of employment are allowed on 12-month OPT to overcome 90-day unemployment...