by Elizabeth Reichard* The U.S. Citizenship & Immigration Services (USCIS) just announced that it has reached the H-1B cap after having received 150,000 H-1B petitions on April 2, 2007. April 2 was the first day on which a Fiscal Year 2008 H-1B petition could be filed with the USCIS under the congressionally mandated yearly cap […]
Headlines: H-1B Rush Begins; Reform Bill Introduced in House; Other Developments – H-1B cap could be filled immediately; bipartisan reform legislation is introduced in the House. USCIS Reminds Applicants of New Filing Procedures Effective April 2 – Effective April 2, 2007, all Forms I-129 and I-539 are to be filed directly with the California Service […]
by Cyrus D. Mehta* Every potential H-1B filer is scrambling to make it into the FY 2008 Cap, which starts on October 1, 2007. Petitioners can file six months in advance, and thus the first day for accepting an H-1B petition is April 1, 2007. This year, April 1, 2007, falls on a Sunday. Therefore, […]
The general rule is that one can only apply for a change or extension of nonimmigrant visa status while the applicant is still in status. For example, if an individual is admitted into the US in business (B-1) visa status, which is valid till March 30, 2007, and his or her business purpose will not […]
by Cyrus D. Mehta A detailed internal memo from the US Citizenship and Immigration Services (USCIS) explains the labyrinthine FBI name check procedure that has caused delays to many people applying for citizenship or other immigration benefits, such as permanent residence. The Interoffice Memorandum by Michael L. Aytes, Associate, Director, Domestic Operations, USCIS, dated December […]
Headlines: Employment Third Preference Category Stagnates – Little if any forward movement in the employment third preference category is expected in the near future. DHS Launches Traveler Redress Inquiry Program – DHS TRIP provides a way for travelers to address situations where they have been incorrectly delayed, denied boarding, or identified for additional screening. CBP […]
by Cyrus D. Mehta* On February 22, 2007, the US Court of Appeals for the Fourth Circuit in Perez-Vargas v. Gonzales, __ F.3d __, 2007 WL 529357 (4th Cir. Feb 22, 2007) (No. 05-2313) ruled that applicants with pending adjustment of status applications can exercise job portability while in removal proceedings. As a background, Congress […]
The practice of immigration law invariably involves the representation of two clients. One immigration attorney represents both spouses as well as the employer and employee. While it is ideal for each party to have his or her own attorney, it may not be cost effective or efficient for the co-clients, who generally retain one attorney […]
The Board of Immigration Appeals (BIA) in Rodolfo Avila-Perez, 24 I&N Dec. 78 (BIA 2007) ruled that the Child Status Protection Act (CSPA) applies to beneficiaries of immediate relative visa petitions that were approved before August 6, 2002, its date of enactment. Section 201(f)(1) of the Immigration and Nationality Act (INA) freezes the age of […]
Headlines: CDMA Issues H-1B Application Alert – The FY 2008 cap is expected to be met quickly; CDMA advises clients to begin preparing well in advance of the April filing start date. USCIS Proposes Large Fee Increases – Business immigration forms will cost a lot more to file under USCIS’s proposal. ABIL Invites Companies to […]
