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October
has been an eventful
month for everyone here
at VisaPro, particularly
the team in our India
office. Last month I
informed you about our
proposed seminars and
workshops on U.S.
Immigration Strategies
in various cities and
promised to bring you
updates from all these
events. Our activity
started with a seminar
in the capital city
of India – New
Delhi on 9th of October,
followed by another
seminar in Pune the
next day. Over 325 representatives
from various companies
attended these two seminars.
After a day’s
break we organized workshops
in Bangalore and Chennai.
The response to the
workshops was overwhelming
as all the seats were
booked within a few
days from the start
of registrations. Over
220 professionals, comprising
of HR professionals,
CEOs and executives,
enjoyed the interactive
sessions and participated
in various team activities.
We ended the week by
inviting 35 representatives
from various companies
for an interactive Q&A
Session with the Attorney
in Hyderabad.
Starting next month
we shall be presenting
various articles on
our experiences during
these events and what
our attendee companies
shared with us. The
planning for these events
started in August and
since then, many of
our US and India team
members were involved
in making these events
successful. All those
sleepless nights spent
together… the
planned timelines seeming
to go awry… the
missed heartbeats when
the airlines missed
our baggage containing
material for the event
the next day…and
much more… I am
sure you would love
to view things from
the perspective of our
speakers and team members.
Click
here to view various
photographs from all
the activities across
India.
Our interaction with
the professionals and
executives from various
companies doing business
with the U.S. has helped
us in generating new
ideas on what to cover
in your Immigration
Monitor. The
most important issue
faced by every U.S.
employer today is how
to survive the H-1B
cap. This month we have
an interesting article
– ‘What
to do when H-1B cap
is reached’ –
in the Immigration
Article section.
We have also received
a lot of queries regarding
the PERM labor certification
process. In the In
Focus section
of this month’s
newsletter, we bring
an overview of the PERM
process for Green Cards.
During the last couple
of months, we conducted
a survey amongst our
readers regarding the
sections of the newsletter
they like the most.
Over 46% say they look
forward to more and
more immigration news
and a fourth of the
participants like the
Questions and
Answers section.
We also received encouraging
feedback and a lot of
suggestions on how to
improve your Immigration
Monitor. You
will see a lot of your
suggestions being implemented
in the coming months.
Congratulations to Ananda
Roy for
winning last month’s
Immigration
Quiz to receive
a FREE online consultation
with a VisaPro attorney.
Put on your thinking
caps for your responses
to this month’s
question.
Continue sharing
your feedback to
improve your Immigration
Monitor. I
will see you next month
with the latest happenings
from the immigration
world. |
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President
signs Bill enacting H-2B relief
The bill includes a one year extension
of the returning worker exemption
to the H-2B visa cap. The extension
takes effect beginning October 1,
2006.
e-Passport readers in place at additional
airports
E-Passport readers are now in place
at additional airports, including
Honolulu International Airport,
Kona International Airport, Los
Angeles International Airport, New
York JFK International Airport,
Newark Liberty International Airport
and Washington Dulles International
Airport.
Visa appointments in India currently
available
Visa applicants in India will be
happy to know that the consulates
in India have opened various new
slots for nonimmigrant visa appointments.
Visa appointments are now available
in all categories and applicants
may reschedule their appointments.
PERM
Labor Certification Process
To improve the operations of the
permanent labor certification program,
ETA published a final regulation
on December 27, 2004, which required
the implementation of a new re-engineered
permanent labor certification program
by March 28, 2005. The PERM System
i.e. Program Electronic Review Management
System is a program developed by
the Department of Labor to replace
the then existing Employment based
Labor Certification Application.
What
to do when H-1B cap is reached
If you miss
petitioning for an employee before
the cap is reached, you will have
to wait until the next year to file
an H-1B petition or look for an
alternate visa category, which may
or may not match your requirements.
Employers must also evaluate and
utilize alternatives to the H-1B
category, which may also be used
to ‘bridge the cap’ until October
1st if you miss the H-1B bus for
a particular year.
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this Newsletter in PDF Format. |
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| QUESTIONS
AND ANSWERS |
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| 1. |
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One
of my employee’s
B-1
visa expires
after the intended
date of arrival
in the US. Does
he need to get
a new visa before
departure?
One can arrive
in the US right
up to the last
date of validity
indicated on the
visa. The Immigration
Officer on arrival
determines the
duration of stay
in the US. A visa
can expire while
the employee is
still in the US.
The employee needs
to ensure that
he/she does not
overstay the period
permitted by the
Immigration Officer
i.e. the date
stamped on the
I-94 card. |
| 2. |
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My
B-1
status is coming
to an end with
my current employer.
I would like to
find out whether
my new prospective
employer needs
to file an I-129
petition or simply
apply on my behalf
for a change of
status to
H-1B? We are
both confused
about what action
to take.
To change
from your current
B-1 status to
H-1B status
you will
have to file a
complete H-1B
petition, including
|
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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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the
I-129, I-129H, I-129W,
ETA 9035, and supporting
documents. The package
should be filed before
your current B-1 status
expires so that you
maintain your status
in the U.S. and before
the annual H-1B cap
is reached. Since
you are changing visa
categories you are
not allowed to begin
work until the new
petition has been
approved.
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| 3. |
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I
am working in the US
on an L-1
visa. I was married
during last year and
my husband has an L-2
spouse visa - he is
currently unemployed.
I am being informed
that my position is
being eliminated. What
are the obligations
of my employer? Are
they required to pay
relocation expenses
for me and my husband?
Please let me know anything
that can assist my situation.
The employer is not
required by immigration
law to pay for your
relocation expenses
back to your home country.
(This differs from the
H-1B where the employer
does have to pay for
return transportation.)
Your only recourse would
be through your employment
agreement if you have
one, your company handbook
if it covers such situations
(not likely), or through
negotiating a termination
package to include relocation
costs. |
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"My name Arthur
D’Allessandro
and would like
to recommend Visapro
to anyone who
desires professionalism,
courtesy and peace
of mind. From
day one I and
my mom Teresa
realized that
we were being
represented by
a capable, caring,
and extremely
professional and
experienced team.
VisaPro has an
easy on line system
to use and [the
VisaPro legal
team] was always
just a phone call
away to help with
some of the issues
that came up with
my mother green
card. They guided
us through the
full process from
start to finish,
including the
guide to documentation,
and requirements.
We highly recommend
them and will
always continue
to work with them
for our future
visa needs"
Thank you [VisaPro
legal team] again
for all of your
diligent work!
Arthur
D’Allessandro,
United States
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| "Immigration
Monitor" is published
monthly for users and clients of
VisaPro.com. Our goal is to help
keep you informed of the trends
and events related to US Immigration. |
| Copyright
© 2006 VisaPro.com - All rights
reserved. |
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