February 2007

From the Editor's Desk

Hello and welcome to the February 2007 Immigration Newsletter!

This month the buzz on the Immigration Front is about the new proposed fee structure for fiscal year 2008/2009 introduced by the USCIS. The new fee structure is expected to be based on a new cost model, and is meant both to improve service delivery and enhance the security and integrity of the immigration system. This proposal put forth by the U.S. Citizenship and Immigration Services has seen a lot of opposition as the filing fees will be hiked by an average of 66%. We will keep you abreast with the developments on this front in our subsequent issues of Immigration Monitor.

We were overwhelmed with the positive feedback received from our dedicated readers commending our initiative to make you an active part of our Attorneys experiences during the Immigration Seminars and Workshops in India. In this issue, we bring to you his diary from the Workshop in Chennai, the second last event of this exciting series.

Very often we get queries from individuals seeking help on essential aspects to be looked into once you are inside the U.S. The Immigration Article in this issue throws light on a lot of quintessential factors like Social Security Number, Medical Insurance, Driving License, Employment Authorization, etc for people going to the United States on work visas or for those accompanying them. Keep sharing your immigration experiences with us so that we can include your experiences in our articles for the benefit of our other friends.

Furthering on our endeavors in bringing the one-stop global immigration service website to you, this month VisaPro has added immigration services to two more European countries. I invite our readers to visit our new Germany Immigration and Belgium Immigration websites for information and queries related to immigration needs for these countries.

Our Graphics team has been successful in giving the VisaPro homepage a complete new look! We will bring you a lot from the U.K. Immigration front in the forthcoming issues. Let me know what you think of our initiatives. Stay tuned as we unfold for you the new additions and happenings throughout this year!

Last months poll question seemed to have generated mixed reactions from our readers. The opinion was again divided. More than half of the participants believed that the USCIS should introduce premium processing for K-1 and K-3 visas. This month we have an interesting question for you to express Your Opinion. So dont miss casting your vote!

Renee Levitt deserves all the congratulations for winning last month’s Immigration Quiz. A significant number of participants got confused about the purpose of the Adjustment of Status while in the U.S. Make sure you gear up
and research well for this month’s question. Give it a try, your name might feature in the next newsletter. All the Best!

See you next month with a lot more noise from the Immigration World!

Latest Immigration News

Revised application for Employment Authorization (Form I-765)

U.S. Citizenship and Immigration Services (USCIS} has revised the Application for Employment Authorization (Form I-765) to obtain supplemental evidence from alien physicians with National Interest Waivers (NIW).

USCIS Atlanta Office moves to a new location

Effective February 20, 2007, U.S. Citizenship and Immigration Services (USCIS) will move The Atlanta Field Office to a new location. The new office will open to the public on Wednesday, February 21, 2007.

USCIS to reissue RFE for Special Immigrant Religious Workers

U.S. Citizenship and Immigration Services (USCIS) realized recently that some Requests for Evidence (RFEs) were issued to petitioners for Special Immigrant Religious Workers (Form I-360) and these did not take into account the supporting evidence that was included with the petition.

February's Featured Articles

Into almost the last leg of my travel - Workshop in Chennai

This month’s IN FOCUS section will journey you through yet another exciting day in our attorneys travelogue: Chennai, our second Immigration Workshop in the immigration events series last year.

Beyond Arrival

Arrived in the U.S.! There are many things you need to do right after getting off the plane than just grab your luggage. We bring to you an insight of what happens once you have landed safely in the U.S.

Questions and Answers

Q1.

I want to apply for an H-2B visa. Can I get a permanent residence in US?

A.

You might be aware that an H-2B is for temporary seasonal, one-time need, or peak load work. Unfortunately, if you come on an H-2B you cannot later ask for permanent residence through the same employer in the same job. The labor certification completed by the employer for the H-2B states that the job is temporary. By certifying initially that it is temporary the employer forecloses the ability to seek a permanent position. If you were to find a second employer that was willing to sponsor you for a permanent labor certificate you could pursue that while working on the H-2B with the first employer.

Q2.

Does applying for a Change of Status to F-1, allow the applicants to remain in the US until the USCIS decides on the Change of Status? Thank you.

A.

If you file for a Change of Status in the US it will take from 2-4 months, depending on which service center you have to file in. If you travel back, you can obtain your F-1 visa at the consulate in a couple of days. If you file for a Change of Status in the US you are not allowed to depart the US until the case has been approved. Additionally, you cannot start school until the Change of Status has been approved. There is no prohibition to moving to another state while the application is pending. If you move after filing for a Change of Status you need to be sure to notify the USCIS of your change of address, so you will receive any notifications from them.

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