We have been receiving a number of inquiries from prospective clients who are interested in switching to F-1 student visa status using a Form I-20 issued by a English as Second Language (”ESL”) school or a community college. In our experience, USCIS (if the change of status is requested from within the U.S.) or the [...]
The Department of Labor has provided an update on the current PERM processing dates as of April 30, 2009. They are as follows: No audit: November 2008 (a month ago, DOL was processing PERM applications filed in April 2008, this is a significant positive development); Audit: September 2007 (no change from a month ago); Appeal: June 2007 (no [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Monday, May 11, 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, [...]
“Bridging” is when successive H-1B portability (transfer) petitions are filed for an alien while the previous H-1B petitions remain pending and while the period on the initial I-94 card has expired. We have a number of clients who are currently “bridging” their H-1B petitions and in light of the increased number of inquiries, it [...]
The June 2009 Visa Bulletin was released today. Unfortunately, the only change is the EB-2 India category which changed from February 15, 2004 to January 1, 2000. All other categories remain unchanged. Here is a summary of the June 2009 Visa Bulletin: EB-1 remains current across the board. EB-2 remains unchanged for all categories except as noted [...]
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 [...]
We have received some inquiries about transfers of I-140s from the Texas Service Center (TSC) to the Nebraska Service Center (NSC). There also seems to be some discussion on various Internet discussion boards as to what is the reason behind this transfer. The NSC Liaison has confirmed that TSC transferred a number of standalone I-140s to [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Monday, May 4, 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 nation (and particularly here in Washington, DC) is still abuzz with Senator Arlen Specter’s switch from Republican to Democrat (CNN news article). The political implications are important - the U.S. Senate’s balance of power will be 59 in favor of the Democrats. Filibuster Proof Majority? With the very likely possibility that when Al Franken becomes Minnesota’s [...]
We have written about the Automatic Visa Revalidation (AVR) program in the past. The Customs and Border Protection (CBP) has released a fact sheet which seeks to clarify some of the AVR provisions. We reprint it here in its entirety: Automatic Visa Revalidation Fact Sheet March 9, 2009 Pursuant to 22 CFR 4 1.1 12 and 8 CFR [...]