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September
2005 |
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What an
impressive way to start
a relationship. I just can’t
think of enough words to
say Thank You for the wonderful
response.
At the time of preparing
the draft version of our
first newsletter, we were
deliberating whether we
should have an Immigration
Quiz that asks
users to write down a response.
Some argued we won’t
get a single response…
but hey… we got over
thirty responses, and believe
me, it was quite difficult
selecting the best one.
Congratulations to the winner
of our first Immigration
Quiz - Olusola
Davies. You win a
FREE online
consultation.
More than 160 friends cast
their vote in Your
Opinion and over
85% agreed that the current
annual H-1B Cap should be
raised.
The days to come are likely
to be harder on US employers.
The H-1B Cap was reached
in a record time this year.
The Department of State
released a warning in the
September Visa Bulletin
that Employment Based Green
Card numbers may be heading
towards a crisis. EB-3 numbers
are currently not available.
EB-1 and EB-2 numbers may
not be current for Chinese
and Indians from December
onwards. The talk of the
town is that Comprehensive
Immigration Reforms are
coming soon… all we
can do is wait and watch.
So what do we have this
time? We recently uploaded
information related to L-1
Full Service for setting
up a new office in the United
States and an article on
Forms of Business
Entities in the US.
In our In Focus
section we talk about spouses
on dependant visas who can
work in the US. This week’s
Immigration Article explains
Adjustment of Status and
Consular Processing alternatives
for obtaining a green card.
Send us your
feedback on how your
Immigration Monitor
is coming along, and also
what you would like us to
cover in the next issue.
Since there are no formalities
between friends, do let
me know what you liked and
what you didn’t like
in this issue. |
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DOL
amends PERM FAQ; Removes response on
multiple filing of LCAs
The U.S. Department of Labor
(DOL) removed its response related to
multiple filing of LCAs from its FAQ,
retracting its earlier response that
under PERM an employer cannot have more
than one LCA in process for the same
alien at any given time.
New
E-3 visa for Australians: DOS issues
regulations
With the publication of the
final rule, Australians are now able
to apply for E-3 visas to work in the
United States.
Filing an appeal or Motion
to Reopen / Reconsider becomes costlier
Effective September 28, 2005 the filing
fee for an appeal to Administrative
Appeals Office (AAO), motion to reopen
or motion to reconsider will increase
from $110 to $385.
I-9
announcement for employers hiring victims
of Katrina
The Department of Homeland Security
(DHS) has announced that it will not
sanction employers for hiring victims
of Hurricane Katrina who, at this time,
are unable to provide documentation
normally required under Section 274A
of the Immigration and Nationality Act.
Dependant
Spouses: Working in US a Distant Dream?
"I feel helpless. Back home
I was working with a fashion house as
their primary designer. Here I have
nothing to do but sit at home. Not like
my friend Suzanne, who got her employment
authorization and now works for a consulting
company." says Olivia with sadness
in her voice.
H-1B
quota 2006: U.S. employers taken by
surprise
The U.S. Citizenship and Immigration
Service (USCIS) announced on August
12, 2005 that it had met the 65,000
H-1B congressionally mandated cap for
the 2006 fiscal year, which means that
companies that need highly educated
foreign professionals with critical
skills will have to wait nearly 14 months
before they can obtain this needed expertise.
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| DOWNLOAD |
| Download
this Newsletter in PDF Format |
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| YOUR
OPINION |
| Should spouses
of H-1 visa holders be allowed
to work in the US the way
L-2 spouses work? |
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a. |
Yes |
| b. |
No |
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Cast
Your Vote |
| View
Results |
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| IMMIGRATION
QUIZ |
Win
a FREE Online Consultation!
Submit
your answer to the query
below. The best response
will be published in the
next Immigration
Monitor and the
winner will receive a FREE
Online Consultation
from an Experienced VisaPro
Immigration Attorney during
the month of October 2005. |
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| I
am a US citizen and got
married in Russia last month.
I have applied for a K-3
visa for my spouse who already
has a tourist visa. Can
my spouse visit me in the
US using her tourist visa
while the K-3 petition is
pending? |
| Submit
Your Answer |
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| Winner
of the Immigration Quiz
- August 2005: |
| Olusola
Davies |
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| The
Question: |
| I
hold a 10 year US tourist
visa. I want to do a summer
course in the US. I don't
want to lose my visitor
visa status as it is difficult
to get it back in India.
I want to know if it is
okay to study on my tourist
visa. I want to know if
it is possible and safe
to do so. |
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| The
Winning Response: |
| If
you intend to enroll in
an accredited university
or program you will need
an F1 visa. B visa holders
are not eligible to enroll
in schools while on their
B visas. It is not possible
or safe to do so. |
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| Olusola
Davies receives a FREE
Online Consultation
from an Experienced VisaPro
Immigration Attorney during
the month of September 2005. |
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Adjustment
of Status vs. Consular Processing
Permanent residence (Green Card) status
is conferred either through issuance
of an immigrant visa (IV) by an American
consular post abroad or through approval
of an ‘adjustment of status’
application (Form I-485) by the USCIS
in the U.S. For those present in the
U.S. both alternatives may be available.
Foreign nationals going through the
permanent residence process often find
themselves trying to figure out which
of the two alternatives is better for
their case. This summary is for those
applicants who have a choice.
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| IMMIGRATION
GLOSSARY |
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I-131
Application for Travel Document.
This form is used to apply for
an INS Travel Document, reentry
permit, refugee
travel document or advance
parole.
Qualifying
Relative
Qualifying relative is a general
term for a sponsor and may include
the intending immigrant’s:
spouse, parent, mother-in-law,
father-in-law, sibling, child
(if at least 18 years of age),
son, daughter, son-in-law, daughter-in-law,
sister-in-law, brother-in-law,
grandparent, or grandchild.
DS-156
Nonimmigrant Visa Application.
This form is required for each
person traveling to U.S. - even
children and babies listed in
parents' passports.
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| IMMIGRATION
FAQ |
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| 1. |
On
what visa can I enter the
U.S. to marry a U.S. citizen?
To enter into the U.S. to
marry a U.S. citizen you
need a K-1
fiance visa. Your U.S. citizen
fiance must file Form
I-129F, Petition for
Alien Fiance, with the United
States Citizenship and Immigration
Services (USCIS) Service
Center with jurisdiction
over their residence. Once
the petition is approved,
the USCIS will forward the
approved petition, through
the National Visa Center,
to a U.S. embassy or consulate
in your home country which
will schedule an interview
for a fiancé visa. |
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| 2. |
Will
my K-1 status automatically
change to permanent resident
status after I marry my
U.S. citizen fiance?
No, your K-1 status does
not automatically change
to legal permanent resident
after your marriage with
your U.S. citizen fiance.
You need to file for Adjustment
of Status to become
a legal permanent resident
after you marry your U.S.
citizen fiance. |
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| 3. |
Can
I apply for legal permanent
resident status before marrying
my U.S. citizen fiance?
On K-1 visa, you may not:
No, you may not apply for
a Green Card before marrying
your U.S. citizen fiance.
The United States Citizenship
and Immigration Services
(USCIS) needs proof of your
marriage when you file for
a Green Card.
Note:
Your permanent resident
status is based on your
marriage to your U.S. citizen
fiance. |
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"VisaPro provided
my wife and I with
fast and economical
services at a time
when we could not
do it on our own.
In fact, adjustment
of status of my wife's
visa was actually
made easy by the knowledgeable
staff at VisaPro.
I found them very
friendly and knowledgeable
about our very complex
immigration laws.
They always provided
quick responses and
straight forward answer
to our inquiries.
Our paperwork was
always done right
the first time and
always filed promptly.
I also found VisaPro's
fees surprisingly
low for all of the
services they provide.
They truly did make
dealing with our immigration
laws a tolerable experience.
I cannot imagine a
more trustworthy and
helpful immigration
service than VisaPro.
Thank you Pam and
all the staff at VisaPro
for your exceptional
services."
Michael &
Elena Anderson
United States
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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. |
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