H-1B Duration and Limits By law, the maximum duration of stay in any H status is six years. As a result, if a foreign employee held one or more kinds of H status, or held L status, then the total period spent in the U.S. in all of these statuses are added together to determine how [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, September 18, USCIS has received approximately 46,000 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]
Most of our clients and readers remember the summer of 2007 when USCIS raised the filing fees for certain services by a substantial amount (in all fairness, USCIS decreased the fees for certain services) (see the archived May 29, 2007 USCIS press release). One of the motivating forces behind this fee increase was the collection [...]
In a memorandum dated August 6, 2009, Donald Neufeld, the Acting Associate Director for USCIS Domestic Operations Unit provides new guidance and amends USCIS policy with respect to review of Form I-140 successor-in-interest (”SI”) amendments. The goal of the new guidance is to update (the dated) USCIS policy in light of changing business realities with [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, August 14, USCIS has received approximately 45,000 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]
The H-2B filing period for fiscal year 2009 (FY2009) has been reopened by USCIS due to insufficient applications filed under the cap. Accordingly, USCIS accepts immediately new H-2B petitions under the FY2009 cap for starting work date before October 1, 2009. FY2009 H-2B Numbers Are Under the Quota On January 7, 2009, USCIS announced that it has [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, July 24, USCIS has received approximately 44,900 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]
The Nebraska and Texas Service Centers (NSC and TSC, respectively) have informed that they will start issuing denials on pending I-485 upon denial of the underlying I-140 petition. Until now, USCIS has a policy from a Memorandum of Feb. 28, 2003 from William R. Yates, “Procedures for Concurrently Filed Family-Based or Employment-Based Form I-485 when the [...]
As part of our regular USCIS-related filings, we receive requests for evidence (”RFES”) on a number of occasions. Such RFES are standard practice and often are unrelated to the substance of the petition - for example, requesting clear copies of the lastest Form I-94 card. It is our practice to ensure that each petition filed [...]
After USCIS suspended temporarily the I-140 premium processing service on July 2, 2007, we have been constantly fielding questions on when the temporary suspension would end. Over the past few weeks there was increased speculation that premium processing for Form I-140 would resume. Earlier this week, USCIS confirmed that in fact premium processing for I-140 [...]