March 2007

From the Editor's Desk

Hello and welcome to the March 2007 Immigration Newsletter!

Comes April every year and the discussion on H-1B visas seems never ending!! This month the buzz on the Immigration Front is needless to say on the H-1B’s and the prediction on how soon the quota would get over? Last year the quota of 65,000 H-1B’s got over by the end of May. Like every year, the petitioning for H-1B’s would start on the 1st April 2007, but 1st April being a Sunday, the processing would start only from 2nd April 2007. One thing is for sure the H-1B’s would surely sell like hot potatoes this year!

Apart from the H-1B front, the USCIS has made lot of changes at the immigration end too; they have revised the form for EAD and have announced direct filing instructions for form I-129 and form I-539. The U.S. has begun a ferocious debate over immigration. Since, there may be more common ground between Congress and the President, as the Democrats who now control both houses, hopes are high that the reforms will actually become law this year. We will keep you abreast with the developments on this front in our subsequent issues of Immigration Monitor.

In this issue, we bring to our dedicated readers the last of our Attorney’s experiences during the Immigration Seminars and Workshops in India. From his diary entry we present his last event – A Question and answer round in the City of Nawabs (as they call it) – Hyderabad!! We were overwhelmed with the response generated by the readers on the experiences of the Attorney. We hope to bring the same in the near future too. Keep watching!!

After H-1B’s this season the next hot topic is H-2B visas, the Immigration Article in this issue throws light on the latest happening on the H-2B front. Don’t miss out!!! Keep sharing your immigration experiences with us so that we can include your experiences in our articles for the benefit of our other friends.

Adding further to our endeavors in bringing the one-stop global immigration service to all our readers, this month VisaPro has added immigration services to two more European countries. I invite our readers to visit our new Netherlands and Denmark websites for information and queries related to immigration needs for these countries.

Last month’s poll question seemed to have generated mixed reactions from our readers again. The opinion was equally divided. More than half of the participants believed that the fee hike by USCIS would discourage lot of people intending to immigrate to US and hence having an adverse effect. While some thought that this hike would not cause any change in the rate at which people immigrate hence not having any effect at all. This month we have an interesting question for you to express Your Opinion. So don’t miss casting your vote.

Tania Logan deserves all the Congratulations for winning last month’s Immigration Quiz. A significant number of participants confused on the fact that on a business conference, one may travel on a B-1 Visa and may also extend the stay if needed. Make sure you gear up and research well for this month’s question. Who knows, your name might feature in the next newsletter. All the Best!!

There are some exciting projects and country-specific websites in store for you. 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 in the coming year!

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

Latest Immigration News

USCIS releases preliminary number of FY 2008 H-1B Cap Flings

U.S. Citizenship and Immigration Services (USCIS) announced a preliminary number of filings today as the tallying of H-1B petitions received on April 2 and April 3 continues. On April 3, USCIS announced that it had received enough petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008) and that it would conduct a computer-generated random selection of cap-subject petitions filed on Monday (April 2) and Tuesday (April 3) to determine which cases USCIS will accept for processing.

USCIS Reaches FY 2008 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008). USCIS will use a random selection process (described below) for all cap-subject filings received on April 2, 2007 and April 3, 2007. USCIS will reject and return along with filing fee(s) all petitions received on those days that are not randomly selected.

USCIS Reaches H-2B Cap For Second Half of FY 2007

U.S. Citizenship and Immigration Services (USCIS) has announced today that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the final six months of fiscal year 2007 (FY 2007). The USCIS has notified the public that March 16, 2007 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2007. The “final receipt date” is the date on which USCIS expects that it would have received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY 2007.

USCIS announces Employment Authorization update for TPS

U.S. Citizenship and Immigration Services (USCIS) announced today that certain Hondurans, Nicaraguans and Salvadorans will be eligible for Temporary Protected Status (TPS) re-registration. Those who have applications pending with USCIS and are awaiting an employment authorization document (EAD), will receive a letter giving them the opportunity to have an extension sticker affixed to their EAD while USCIS completes their TPS application.

USCIS announces direct filing instructions for Forms I-129 and I-539

U.S. Citizenship and Immigration Services (USCIS) announced new Direct Filing instructions for a variety of immigration forms that were transitioned into the Bi-Specialization initiative. Effective April 2, 2007, all Forms I-129 and I-539 are to be filed directly with the California Service Center or the Vermont Service Center, whichever is applicable.

March's Featured Articles

Finally in the last leg of my travel – Q & A in Hyderabad!!

This month’s IN FOCUS section we bring to you the last pages from our attorney’s travelogue to India for the immigration events series last year. With this we bring to an end our five month long series which gave you an insight of our events and the experiences the attorney had in India. Watch out for next month’s newsletter to know what we have in stored for you!!

The Roving H-1B employee: Dealing with multiple changes in job locations

Roving H-1B employees require special attention and analysis. In general, if an employer sends an H-1B worker to a new worksite, not listed on the Labor Condition Application (LCA), the employer must act to maintain compliance with the regulations.

Questions and Answers


I am hiring a person to come to the US on a J-1. Would I have to pay him while he is here as an intern since he will be coming for training as a Pharmist. Is that included in pharmacology?


Generally speaking you will have to pay a salary. Much of it depends on the requirements of the J-1 program that you would bring the intern to the US on. The question becomes whether a pharmacist falls within the definition of pharmacology. We cannot tell whether it would include or not. Whether the internship would be allowed would depend on the parameters of the J-1 program that you bring him/her to the US on. Some of the programs are short term work experience programs that would probably qualify. The issue is more of a licensing issue — if he is not dispensing medicine and not consulting patients I would think that the position would not require licensing.


I recently got married to my husband who is a US citizen. I was told by someone that he could file for a K-3 visa for me which is suppose quicker. Is it correct? How much time does it usually take? Could you tell me the procedure for K-3? Thanks in advance.


Under US immigration law, a US citizen can petition the US Citizenship and Immigration Services (USCIS) to permit his or her spouse to be admitted into the US as a permanent resident or, if the spouse is already in the US, to allow the spouse to adjust their status to permanent resident. However, because it takes a long time for someone living outside of the US to be processed for an immigrant visa, the law allows a spouse of a US citizen to be admitted into the US on a nonimmigrant (K-3) visa and then complete the process of becoming a permanent resident while in the US. Obtaining the K-3 visa first requires the filing of an I-130 Relative Petition followed by filing and approval of an I-129F petition. Given the information you provided, the K-3 visa is the best option for you and since your husband has already filed an I-130 petition, then the next step is to file the I-129F petition. Once the I-129F petition is approved, you will be able to obtain your K-3 visa at the US Embassy in London and enter the US under K-3 visa.

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