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July,
the National Ice Cream month got a
bit hotter this year with wide ranging
discussions and apprehensions regarding
the need for a comprehensive Immigration
Reform. Well, it's not the sole
reason; the accompanying cause for
the rising heat in the immigration
landscape is the H-1B
visa. The H-1B like always have been
in news for what-so-ever reason it
may be. When the H-1B Cap is reached
within a day or two, it makes news
and when the cap is not reached it's
again in news!
Only 20,000 H-1Bs
remaining now! So,
if you wish to pursue
an H-1B, have your
employer Contact
VisaPro before
they run out!
The fact that the H-1B
cap is not reached yet (it has been
3 months now), shows how bad the economy
is right now and how outrageous it
could be in the future. Well, apart
from this melancholy, we have two
good things to cheer for…!
The first good thing
is about the American Recovery and
Reinvestment Act of 2009. Yes…you
got it right…the Recovery Act
has made progress!
President Barack Obama
in his weekly address touted the gains
the Recovery Act has made in a little
more than 100 days. While the recession
is still far from over, the Recovery
Act has helped end the economic free
fall, ease the rate of monthly job
losses from 700,000 a month, extend
unemployment and health insurance
to those who have lost their jobs,
and deliver $43 billion in tax relief
to working families. As the Recovery
Act ramps up throughout this summer
and fall, it will be instrumental
in laying a new foundation for America
and American workers to compete and
win in the 21st century. Vow! Now
that's called an achievement,
isn't it?
And the second reason
to applaud for is nothing other than
the American Independence Day which
is celebrated on July 4 of every year
but this time it was a little more
special. The American Independence
Day brought smile to many peoples'
faces as the US celebrated its 233rd
year of independence with citizenship
ceremonies. More than 50 naturalization
ceremonies were held during the American
Independence Day and approximately
6,000 US immigrants who have been
living, working or studying in the
US were granted citizenship at the
ceremonies.
Michael Aytes, the acting
deputy director of the USCIS, says
naturalization ceremonies are an extremely
important part of what the department
does. He says, “There is no
more important role we have as an
agency than to welcome new citizens
during naturalization ceremonies throughout
the year...but on the Fourth of
July, that role is even more profound
as we proudly stand side-by-side with
the newest Americans to celebrate
our independence together as one family."
More than 500 service members won
the right to live in the US indefinitely
as US citizens at ceremonies held
in Iraq and the US. Liberty Island
in New York hosted a special ceremony,
Walt Disney World in Florida, where
1,000 US visa holders were granted
citizenship
in a naturalization event which took
place on 3rd July.
Other
Developments in Immigration Law
Federal Minimum Wage Will
Increase to $7.25 on July 24
The U.S. Department of Labor (DOL)
reminds employers and employees that
the federal minimum wage will increase
to $7.25 on Friday, July 24. With
this change, employees who are covered
by the federal Fair Labor Standards
Act (FLSA) will be entitled to pay
no less than $7.25 per hour.
DOL's Notice of Injunction
against Suspension of December 2008
H-2A Final Rule
DOL's Office of Foreign Labor
Certification has published a notice
of a preliminary injunction issued
by the U.S. District Court for the
Middle District of North Carolina
against the DOL's suspension
of the December 2008 H-2A Final Rule.
Immigration
Articles and Other Fun Stuff
Now for the regulars – this
month's Immigration Article
entiled 'H-1B Visa
Interview: Questions you may be Asked'
is designed to save our readers the
hassle of visiting various forums
to gather information on what to expect
during the H-1B visa interview. The
article also provides some common
questions Consular Officers ask during
an interview. Also check out our In
Focus section for this month
which unveils the inspection process
at the US Ports of entry i.e. airport,
land and sea. The article also informs
you what you could be asked and how
you can be prepared for your interview!
Every month we introduce a new and
interesting question for our opinion
poll. Last month's poll results
indicate that 70.59%
of the respondents believe that immigration
reforms will help recover the broken
immigration system in the US. 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
Your Opinion.
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We
congratulate David Miller
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 David Miller
gave the correct answer and won a |
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!!!
To ensure you receive your Immigration
Newsletter, please add
to your address book or safe list.
See you next month with a lot
more noise from the Immigration World! |
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Only
20,000 H-1Bs Are Remaining
On July 3, 2009, USCIS updated the
count of H-1B
visa petitions received and counted
towards the H-1B cap for the fiscal
year 2010. USCIS has received only
45,000 H-1B cap subject petitions
and 20,000 advanced degree cap exemption
petitions till date. 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.
Department
of State Released Visa Bulletin for
August 2009
Department of State (DOS) on July
10, 2009, released the Visa Bulletin
for August 2009. As per the August
2009 Visa Bulletin, the waiting period
for the second employment-based permanent
residence (EB-2) category will advance
for China and India next month. The
Department of State will impose a
cut-off date of October 1, 2003 for
EB-2 China and India. The third employment-based
preference category (EB-3) remains
unavailable for all countries and
waiting periods for all other employment-based
categories will remain same.
DOJ
Provides Dos and Don'ts for
Employers On E-Verify
The Department of Justice (DOJ) has
published a pamphlet containing “Dos
and Don'ts” in order to
provide guidance to employers regarding
E-Verify. There are other aspects
that are illustrated in the pamphlets,
readers and employers are advised
to go through the same thoroughly
to stay informed. The pamphlet clearly
says that employers should use E-Verify
to verify employment eligibility of
new hires and not for current employees.
Inspection
Process
at US
Ports
of Entry
- Things
You Must
Know!
If you are traveling to the United States
for the first time you are likely to have
questions about what happens when I arrive
at the Port of Entry? Passing through a Port
of Entry generally means that you are seeking
permission from an Immigration Inspector,
an official of the US Customs and Border Protection
(CBP) to enter the US, for a specific reason,
purpose and duration, which are generally
always predefined. You may have to go through
four different inspections which are discussed
in detail in this article. To be true, these
inspections would be very devastating. All
you have to do is to be prepared for that.
This article unveils you the things that happen
at the US Ports of entry, what is the inspection
process like, what you could be asked, how
you can be prepared etc. The article describes
you in detail the inspection process followed
at all the three ports of entry i.e. airport,
land and sea.
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Have
you been waiting for long to know the status
of your visa application? But now no more!
Click
here to check the status of your visa
petition online for FREE! |
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Wanted
to take part in our immigration
events, but missed your chance?
Check out the informative
library of immigration law
videos from past conferences.
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H-1B Visa Interview: Questions you may be Asked
A nonimmigrant visa interview at a Consulate
is often a nervewracking experience especially
for first-timers like Rex. As most cases are
decided after a brief interview and a quick
review of documents by the Consular Officer,
being prepared for the interview is absolutely
essential. This article is designed to save
our readers the hassle of visiting various
forums to gather information on what to expect
during the H-1B visa interview. The article
has some common questions Consular Officers
ask during an interview.
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QUESTIONS
AND ANSWERS
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| 1. |
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I
am a US citizen and my fiancée
who is an Indian national is
currently in the US on an H-1B
work visa. We want to get married
and settle down in the US. Can
we get married while she in
the US on an H-1B? Will her
employer cancel her visa (is
there any possibility)? If in
case her employer cancels her
visa, does she have to return
to her home country? What is
the best approach?
If you and your fiancée
get married she will be considered
an "immediate
relative" and can apply
for her permanent residence
without having to wait. If you
are in the US when you marry
you can submit the Petition
for Alien Relative (I-130)
and she can file for Adjustment
of Status.
Since she is legally in the
US and she is married to a US
citizen she would NOT have to
leave the US to get her green
card. Once she has filed for
Adjustment of Status she is
considered to be maintaining
a legal status in the US until
the USCIS makes a decision on
her application. |
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| GOT
A QUESTION? |
If
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
issue.
Note:
Responses posted in
this section provide
only general information.
Since immigration
law is a complex matter,
please consult
an immigration attorney
before acting upon
any responses provided. |
| Ask
Your Question |
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Therefore,
she will be in status even if
she is no longer working for
the US employer who petitioned
for her. Moreover, as part of
the adjustment package she can
apply for Employment
Authorization Document (EAD)
that would allow her to work
for any employer she wishes,
i.e., she would no longer be
tied to her current employer. |
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| 2. |
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I am an Australian
citizen, currently working with an organization
in US on L-1
visa which expires April 2010. Now I
would like to change my status from
L-1 to an E-3
visa. What efforts are required to do
so if it is possible? |
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The
E-3 visa is available to citizens
of Australia who wish to enter the
US to work in a “specialty occupation.”
E-3 in most of the ways is like an
H-1B. In fact it is used in lieu of
H-1B, if the H-1B cap is reached for
the particular year. E-3 visa is issued
for an initial validity period of
3-5 years but can be renewed indefinitely
and the spouse of an E-3 visa holder
can be authorized to work.
Since, you now hold L-1 status; you
can apply to change to E-3 status.
To do so, you'll need an offer
of employment and the employer must
file a petition with USCIS. This petition
must be accompanied with a certified
Labor
Condition Application (LCA) from
the Department of Labor. The employer
must also show ability to pay and
attest to certain conditions found
in the LCA. As for you, you'll
need documentation to prove your nationality,
as well as credentials to show you
are in possession of at least a US
bachelor's degree or its equivalent.
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"I would like to
thank you for your patience
with us in this 'journey'
of sorts. Your patience
and professionalism along
the way helped us get comfortable
with processing papers without
meeting the people we entrust
our future to.
I sincerely hope
that we are able to work
together on more projects.
I would hope that our
E2
application for [Beneficiary]
is successful ... regardless,
i know that you put forth
your best efforts into
the process and that counts
a lot !!!"
Thank You!
Annie Barrientos,
Secretary
BARZ Corporation
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