2009 ends, we celebrate one more year
of our time together. We welcome 2010
with the determination to continue
to provide you fast, easy and economical
immigration services on the web. We
are delighted to be connected to you
and we wholeheartedly thank you for
your continuous and consistent support.
The whole VisaPro team wishes you
a very Happy and Prosperous New Year
– 2010. Check this exclusive
greeting card we made for you.
The year 2009 has seen many ups and downs, but in 2010 we believe things will fall into place. In a sense, things actually started falling in place in December 2009 … after months of slow movement, the H-1B demand increased in November and the cap was reached in about 4 weeks. This is a sign that the U.S. economy is improving and employers have restarted hiring foreign nationals to meet their employment needs.
Let us keep our fingers crossed and hope President Obama will pass meaningful immigration reform this year. With the introduction of the Comprehensive Immigration Reform for America’s Security and Prosperity Act (CIR ASAP) in December we are moving in the right direction. We will keep you advised on where this important legislation goes next.
This year prospective employers are eagerly waiting for the H-1B filing period to file H-1B petitions for prospective employees for fiscal year 2011 employment. Immigration experts believe that H-1Bs for fiscal year 2011 will be gone within a very short time, unlike fiscal year 2010. As the economy starts to improve and employers increase their hiring, we do not expect that next year's H-1B numbers will remain available for long, certainly not the 8 months they did in 2009. Therefore, we urge employers and employees to prepare and file most or all of their H-1B petitions on or about April 1, 2010, the first day for FY 2011 filings. This will ensure that their petitions have the greatest chance to be included in the quota.
Here is the VisaPro suggested timeline for H-1B petitions. It has been designed to maximize your efforts and ensure timely and successful filing of your H-1B petition.
|ASAP:||Identify your H-1B needs, discuss the strategy with your VisaPro immigration attorney and finalize the applicants list; Develop detailed job descriptions; Obtain prevailing wage determination.|
|Early February:||File LCA with DOL; Begin gathering supporting documentation|
|Early March:||Prepare all H-1B forms, support letter and other required supporting documentation|
|Mid March:||File LCA with DOL.|
|March 31:||Mail the petition to USCIS for delivery on April 1, 2010.|
Contact VisaPro immediately
to assist you with the H-1B filing using
the fast, easy and economical online
Other Developments in Immigration Law
USCIS Grants One-Time Accommodation for Sheepherders in H-2A Status
USCIS, on December 31, 2009 announced
that it would allow H-2A
workers in the sheepherding industry
more time to fully transition to the
three-year limitation of stay requirements
under the USCIS' final rule that became
effective on Jan. 17, 2009. USCIS
is making the one-time accommodation
in deference to the industry's prior
exemption from the 3-year limitation.
This exemption does not impact other
DOS Proposed Rule on Exchange Visitor Program Secondary School Students
The U.S. Department of State (DOS) has issued a proposed rule to amend the Exchange Visitor Program regulations to amend existing regulations regarding the screening, selection, school enrollment, orientation, and monitoring of overall quality assurance on behalf of student participants; and the screening, selection, orientation, and quality assurance monitoring of host families. DOS will accept comments from the public until February 22, 2010.
and Other Fun Stuff
Now for the regulars - this month's
entitled "Grab Your Opportunity to
File an H1B Visa With VisaPro's H-1B
Timeline" is an interesting and informative
article, which will help an employer
in sponsoring an H-1B worker by planning
ahead and filing the nonimmigrant
visa petition in a timely manner.
Also check out our In Focus
section for this month where we discuss
the most common myths attached to
H-1B visa and learn the true facts.
Every month we introduce a new and
interesting question for our opinion
poll. Last month's poll results indicate
that 93.33% of the
respondents believed and liked Ms.
Nancy Fichtner's idea to allow the
veterans leaving VA hospitals to take
home the medicine they've been using
instead of it being thrown away when
they're discharged? We appreciate
that people take interest in the opinion
question and cast their vote to give
us their feedback. Keep it up! And
continue to cast your vote to express
correct answer and won free online consultation to discuss the concerned Immigration issues. So it’s time to
get ready for this month's quiz. If
you know the correct answer your name
might be featured in next month's newsletter.
All the Best!!!
Shahana Javed for winning last
month's Immigration Quiz.
Again, we received a significant
number of responses from our readers,
who talked about various solutions
to support their position, but
Shahana Javed gave the
To ensure you receive your Immigration
Newsletter, please add
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See you next month with a lot
more noise from the Immigration World!
DOS Releases February 2010 Visa Bulletin
The Department of State (DOS) has recently released the Visa Bulletin for February 2010. The February 2010 Visa Bulletin shows three-week advancement in priority date cut-offs for EB-2 for China. In the third employment-based preference category (EB-3) for professionals and skilled workers, cut-off dates will advance approximately seven weeks for China and worldwide, except India and Mexico whereas all other categories will remain unchanged from the January 2010 bulletin.
DOL Releases FAQs on Filing and Processing of Prevailing Wage Determination
The Department of Labor (DOL), on January 4, 2010 released Frequently Asked Questions on the filing and processing of Prevailing Wage Determination (PWD) requests. The National Prevailing Wage and Helpdesk Center (NPWHC) will process Prevailing Wage Determination (PWD) requests for H1B, H1B1, H2B, E3 and the permanent labor certification program (PERM).
H-1B Visa - 12 Common Myths and Realities
The H-1B visa category is one of the most preferred visas for foreign nationals who wish to work in the U.S. However there are few common myths attached to it. Let's take a look at these myths and learn the true facts about H-1B visa.
you lost in immigration jargon can't seem
to find the right category? VisaPro has
a solution for you: try our Immigration
With over 400 terms
it is the most comprehensive immigration
dictionary on the internet.
to take part in our immigration
events, but missed your chance?
Check out the informative
library of immigration law
videos from past conferences.
Grab Your Opportunity to File an H1B Visa With VisaPro's H-1B Timeline
As many of you already know, April 1 marks
the first day that USCIS accepts H-1B petitions
for the federal government's fiscal
year beginning on October 1. The competition
for the coveted H-1B visa has been intensifying
over the years and now the situation is in
a dire state. Filing early is no longer a
guarantee of obtaining an H-1B visa; it is
now a prerequisite for even being considered.
The H-1B timeline discussed in this article
will help every company interested in sponsoring
an H-1B worker, plan ahead and prepare to
file the nonimmigrant visa petition in a timely
I am on EAD/AP
and my I-140 is approved.
I applied I-485 two
years back. Now I
have changed my employer.
My previous employer
had filed my Employment
Card though their
attorney. Now I want
to file an AC21 and
do a declaration to
change my lawyer.
To qualify for the
of AC-21 your new
position must be
one that is the same
or similar to the
position the Labor
based on. Your new
employer will be
able to give you
a letter certifying
that you are working
in such a position.
You must have your
current employer write
the AC-21 letter on
the Company letterhead.
The letter must be
addressed to the USCIS
Service Center where
file is pending. The
letter must state
that you are working
for them, must list
your title and job
duties and should
give a detailed description
of the work done.
The letter must also
state your new salary.
you have a short,
simple query on immigration
to the U.S., send
your questions to
us. We will select
and answer a few of
the queries in every
Responses posted in
this section provide
only general information.
law is a complex matter,
an immigration attorney
before acting upon
any responses provided.
||that the salary mentioned in the Labor Certificate is lower than your current salary should not be a problem. It is always suggested to write the AC-21 letter keeping the Labor Certification in mind to match as closely as possible both the job descriptions. This letter is submitted to the USCIS Service Center when they request verification of employment just prior to the approval of the I-485.
The whole point of the AC-21 portability provisions
is that if your I-140
is approved and the I-485 is pending for more
than 180 days you are allowed to change employers
without affecting your permanent residence.
Essentially, you can take the approved labor
certification, approved I-140, and pending
I-485 to your new employer. You need not go
back and work for the old employer.
To notify the USCIS that you have changed
attorneys you must file a new Form G-28
which is the Notice of Entry of Appearance
with the immigration service center where
your I-485 is pending. This will let them
know that you have a new attorney. You should
also personally call the USCIS customer service
number to make sure they have the corrected
attorney information and make sure they have
your correct address. This should ensure that
they mail all the further correspondence to
your current attorney and current address.
Finally, it never hurts to write a letter
for the same to the immigration officials.
||I want to get married in Bangladesh over the phone & want to bring my wife by H-4 visa as long as my H-1B is valid. My employer already applied for my green card on September 2006. Is it possible to bring my wife in U.S. as H-4 if I get married by telephone? I should have all the marriage documents because parents are there. The only difference is that I will not be physically present. Will this be a cause for any problem?
||The basic rule
for immigration is that a marriage that is
valid in the country in which it was made
is valid for U.S. immigration law purposes.
However, any marriage where both spouses are
not physically present at the wedding ceremony
is considered to be a "proxy" marriage and
is only considered valid for immigration purposes
if it is subsequently consummated. Proxy marriages
are considered highly suspect by the USCIS.
Thus, even if a marriage by phone is valid
in Bangladesh your wife would only qualify
for dependent status if you have subsequently
consummated the marriage. Therefore, your
spouse would only be able to apply for and
obtain an H-4
visa based on your H-1B
status (assuming you maintain same through
the application process) if you have consummated
the marriage after the proxy wedding.
As for your employer applying for an immigrant visa (green card) for you, this should not affect your wife in obtaining an H-4 visa because H-1B permits dual intent, namely, intent to remain in the U.S. permanently or intent to return to your native country. Ordinarily, one cannot obtain a non-immigrant visa if there is indication they intend to immigrate as in the case where a spouse in the U.S. is applying for a green card. However, as noted above, H-1B allows dual intent therefore this should not affect your wife to be when she applies for her H-4 visa.
However, your spouse will only be able to get derivative status if you are "legally" married (i.e., not a proxy marriage) at the time she applies for her H-4 visa. Also, your spouse will only get permanent residence as your derivative spouse if you are legally married at the time you are granted permanent residence.
"My company tasked me with
the job of acquiring an [L-1B
Visa] with a strict
deadline. Not knowing where
to turn, I did some research
on the web and found VisaPro.
Very quickly I felt the relief
of knowing that I found the
right company to help me get
the job done. They walked me
through the process and answered
all my questions. They were
there every step of the way
for me. The process happened
exactly as they said it would!
I know exactly who to turn to
the next time I have immigration
Thank you VisaPro!"
Sandy Piazza, HR Manager
Piller USA, Inc.
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