Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...

Attorney_6

Attorney
  • Content count

    479
  • Joined

  • Last visited

Everything posted by Attorney_6

  1. Attorney_6

    H1B Cap Updates

    We haven't gotten any regular processing receipts yet, to the best of my knowledge. We have gotten quite a few of the hard copy premium processing receipts.
  2. Attorney_6

    H1B Cap Updates

    If the checks have been cashed, that means the case was selected. Cases that are not selected will be returned with the (uncashed) checks. I just got an email receipt from VSC for one of my cases.
  3. Attorney_6

    H1B Cap Updates

    Vermont's PP email system was down, so, as of the 17th, none of the email notices went out. While email notices do come pretty quickly, there is a data entry component involved. Thus, so far (not including what we may receive today), it has just been a trickle. No one should assume anything right now. Last year, we got approvals for some PP cases before others even got receipts.
  4. Attorney_6

    H1B Cap Updates

    worsteph, That is definitely not true.
  5. Attorney_6

    H1B Cap Updates

    We received our first hard copy (premium) receipt from VSC today. It appears there has been an issue with the VSC premium email system over the past week.
  6. Attorney_6

    H1 cap exempt issue

    If the change of status from H4 to H1 was approved, it would be best to file again to change to H4. Do not assume that the revocation of the H1 petition restores the prior status.
  7. Attorney_6

    Naturalization- Total time Outside USA

    The issue is the time outside of the U.S. in excess of six months. When there has been a departure in excess of six months, but less than a year, there is a presumption of a break in the continuity of residence. This is a rebuttable presumption, but there must be a very good explanation and clearly maintained residence in the U.S. during the time in question. If a person files the naturalization case with a history that includes departures in excess of six months, they will get a denial if they can't overcome the break in continuity of residence presumption. However, this does not mean that they could not just file later, once more time elapses and the departure period is no longer part of the five year "look back." So, in some situations, it is worth trying. Otherwise, it is necessary to wait until more time elapses.
  8. Attorney_6

    GC application question

    Right. What matters is that the degree was granted. The issue in the GC case is to show that one has the required education/experience. It doesn't matter that there was a bump in the road while working toward the degree.
  9. Attorney_6

    Visa Bulletin Developments

    The situation for Indians in the EB categories is, generally, much worse than the other countries.
  10. Attorney_6

    Visa Bulletin Developments

    This week, the attorneys at the Murthy Law Firm will answer questions about recent Visa Bulletin developments and available predictions. RULES FOR TOPIC OF THE WEEK THREADS: Attorney’s postings contain general information only and are not a substitute for case-specific legal advice. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. Please do not include information that would identify any specific company, university, or individual (including yourself).
  11. Attorney_6

    H1B Cap Updates

    Ashuneel, The lottery process has been completed. The April 13th announcement was referenced/posted in this thread. The receipt notices from PP started arriving the following day. But, so far, as of right now, it is just a small number of receipts. I am sure there will be more coming.
  12. The L2 status ends when the L1 becomes a permanent resident. There can be no L2 without an L1. If the L2 does not apply for a GC with the primary, she still is eligible as a derivative (dependent) in the GC case (same PD, same category). But, in order to utilize that benefit, she would either have to process for an immigrant visa at the consulate or return to the U.S. in an independent status (dual intent) and file the AOS.
  13. If possible, how about getting married in the U.S., filing the I-130/1-485 and delaying the trip until the AP is issued.
  14. Attorney_6

    Green Card for Minors

    Yes, it is a CSPA issue. The CSPA offers some protection to children, allowing them to be treated as if they are still under 21 for purposes of immigration benefits, even when they are over 21. This is the type of thing that lawyers normally monitor during the process of the case. It is important to get the GC started without further delay so that the case can progress in time to avoid an age out.
  15. No, cross chargeability only applies when the couple is processing the GC case together. The LPR spouse can file the F2A petition as an additional GC option---get the PD established in that category in addition to the employment based case. This is allowed, there is no need to only pursue one option. Do both and take whichever one comes first.
  16. Yes, it is generally better to at least file in the F2A category to establish a priority date and, then, see what happens with the cut off date movement. The case automatically "upgrades" to immediate relative if spouse naturalizes. So, nothing lost by filing in F2A. It is a good idea to set a consultation to go over the logistics and F1 related issues in this matter.
  17. Attorney_6

    H1B Cap Updates

    Actually, it is about 35%, but, dismal in any event. Somewhat better for advanced degree cases. They are included in the advanced degree lottery for the 20k exemptions and, then, if not selected, they get a second chance in the regular lottery. Still a major problem and bad situation all around. We just started getting a few premium processing receipts this morning.
  18. Attorney_6

    H1B Cap Updates

    That is correct. Significant jump from last year, as expected.
  19. If the fee payment is made by check, you can at least see when it is cashed by the USCIS. That provides the individual with confirmation that the case was received and is in process.
  20. Attorney_6

    H1B Cap Updates

    No updates on the cap count or lottery as of now.
  21. Attorney_6

    President Obama's Immigration Plan

    "Modernize, improve and clarify..." is not a single action. The government requested input/ideas for improvements on a broad scale. Some of the proposed changes would be policy/procedure changes. Other things would require regulations. This is not a one time overhaul.
  22. Attorney_6

    H-4 EADs

    1. Under the regulation as proposed, the priority date of the I-140 did not have to be current. Any I-140 approval would be sufficient, no need for it to be the current employer's I-140. 2. While it appears that the H4 EAD regulation will be coming soon, until everything is finalized, it is best to still move forward with H1 cap cases for this year. If that does not work out, then, hopefully, the H4 EAD will fill in the gaps. But, since the H1 cap is strictly time bound, it is best not to pass up opportunities. Of course, if it ends up being better to stay as or return to H4 status after changing to H1, that would still be an option---it is just a matter of following proper procedures. 3. With respect to job changes, the proposed regulation allowed two avenues for the H4 EAD. Either the H1 spouse had to have an I-140 approval OR they had to have extended H1 status beyond the six years under AC21. Thus, it seems that, if there is a job change and the H1 spouse is beyond six years of H1 time, that would qualify the H4 for an EAD, even if the old employer requests to revoke the I-140. 4. Once an EAD is approved, it is valid unless specifically revoked. So, various changes after approval should not disrupt the EAD, but could impact the ability to get an extension.
  23. Attorney_6

    Holiday Travel

    Many people travel during the U.S. holiday season. This week, Murthy Law Firm attorneys will answer questions related to temporary travel abroad. RULES FOR TOPIC OF THE WEEK THREADS: Attorney’s postings contain general information only and are not a substitute for case-specific legal advice. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. Please do not include information that would identify any specific company, university, or individual (including yourself).
  24. Attorney_6

    President Obama's Immigration Plan

    Raghuru, 1. Yes. 2. Yes, usually this is possible.
  25. Attorney_6

    President Obama's Immigration Plan

    Raguru, The H1 can be extended in 3 year increments through ANY employer, without limitation, based upon having an approved I-140 and no available visa number. The I-140 must remain "in place" in order to be eligible for this benefit---meaning it must not get revoked. That remains primarily in the hands of the former employer (the government can also chose to revoke if there is fraud/misrepresentation involved.) It is correct that even if an individual is eligible for a three year extension, the USCIS does not always grant a three year H1B duration. This is primarily an issue in the consulting company context where it can be difficult to establish that the particular project will extend for a full three years.
×