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 [...]
The H-1B regulations impose certain additional recruitment and attestation requirements to so called “H-1B dependent employers.” Therefore, it becomes to understand the definition of H-1B dependent employer. Definition of H-1B Dependent Employer Pursuant to 20 CFR 655.736, an H-1B dependent employer is one which meets one of the following standards: The employer has 25 or fewer full-time equivalent [...]
Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. About the AAO The AAO is an appeals office which handles appeals of certain decisions made by [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, September 25, USCIS has received approximately 46,700 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 Department of State opens the DV-2011 Diversity Visa (a.k.a. “green card”) lottery. The entries for this year’s lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Friday, October 2, 2009, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 30, 2009. Applicants may access the electronic Diversity Visa entry form (E-DV) at [...]
USCIS has released a schedule of the inventory of pending Form I-485, Application to Adjust Status. The statistics are fairly recent - as of August 25, 2009 - and are very helpful to understanding the relative queue positions for adjustment of status applicants. How Can I Determine My Place in the AOS Queue? An AOS application’s preference [...]
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, [...]
Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. About the AAO As a short preliminary background matter, the AAO is an appeals office which handles [...]
Many of our clients and readers have already noticed that the USCIS online case status check system looks differently and seems to provide more options. This is part of the just launched redesigned USCIS website. The main goal is to improve the kind of customer service USCIS provides along with more transparency and accountability. Better Case [...]
Under a new directive marked as “Tier 1″ (high strategic importance and significant impact on one or more industries), the Internal Revenue Service (”IRS”) has indicated that it will be focusing increased resources on H-1B sponsor companies’ tax withholding and reporting. As our clients and readers know, the H-1B nonimmmigrant work visa is one of the [...]