USCIS REACHES H-1B MASTERХS CAP FOR FISCAL YEAR 2008

by Cyrus D. Mehta* On May 4, 2007, United States Citizenship and Immigration Services (USCIS) announced that it has received enough H-1B petitions to fill the 20,000 cap for those who have earned master’s degrees or higher from a U.S. institution of higher education. The announcement retroactively assigns April 30, 2007 as the “final receipt […]

May 2007 Immigration Update

Headlines: USCIS Completes FY 2008 H-1B Selections, Changes Procedures – USCIS has completed the random selection process to determine which FY 2008 H-1B petitions would be accepted for processing, and outlined new procedures. DHS Issues Final Rule on Petitioning Requirements for O and P Nonimmigrants – DHS issued a final rule to permit petitioners to […]

NUMBERS MADNESS

by Elizabeth T. Reichard* March was indeed a month of madness for immigration lawyers. We had to balance a number of very pressing concerns – the need to prepare hundreds of H-1B visa petitions so that they were received by the USCIS on April 2, 2007, the April 1, 2007 deadline to submit all RIR […]

HOW MANY AMERICANS IN WAITING?

by Cyrus D. Mehta * While the debate on whether to legalize millions of undocumented immigrants and create a pathway for their citizenship continues to rage, a gem of a book advocates for a paradigm shift on how we ought to be viewing immigrants. It essentially states that immigrants ought to be treated like citizens. […]

USCIS RECEIVED MORE THAN 65,000 H-1B APPLICATIONS ON April 2!! TELL CONGRESS TO INCREASE THE CAP!

by Cyrus D. Mehta* 65,000 H-1B visas are not enough to meet the demands of our work force! Tell Congress today! Call or email your senators and representative and let them know that the U.S. Citizenship and Immigration Services received on April 2 – the first day H-1B applications could be filed for fiscal year […]

H-1B CAP REACHED ON FIRST DAY

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 […]

April 2007 Immigration Update

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 […]

GEARING FOR THE FY 2008 H-1B CAP

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, […]

RESUSCITATING NONIMMIGRANT VISA STATUS IN THE UNITED STATES

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 […]

UNDERSTANDING THE FBI NAME CHECK POLICY THAT IS CAUSING NATURALIZATION DELAYS

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 […]