Archive for the ‘H-1B’ Category
FY2011 H-1B CAP CLOSED!
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
The next filing period opens April 1, 2011. Please contact our office if you’d like assistance with a FY2012 H-1B petition.
Tags: etc., h-1b cap, quota
Posted in Alerts, H-1B, Nonimmigrant Visas | Read More »
H-1B’s Coming To An End
It appears we are in the final stretch with respect to the fiscal year 2011 H-1B’s. As of January 14, 2011, there were approximately 4,300 slots left (of 85,000 total).
As stated in prior posts, the H-1B category is for holders of Bachelor’s or higher degrees (or equivalent experience) who are being sponsored for positions that are complex enough to require a degree in a specific specialty.
Please contact our San Francisco Immigration Law Office as soon as possible if you need assistance with an H-1B petition.
Tags: h-1b cap, quota
Posted in Alerts, H-1B, Nonimmigrant Visas | Read More »
ALERT! H-1B Master’s Cap Closed; Regular Cap To Close Soon
The USCIS has receipted 20,000 of the 20,000 slots available for the U.S. Master’s cap (the annual quota of H-1B slots for holders of U.S. Master’s degrees). As of 12/31/2010, the regular cap had 7,700 slots left (of 65,000). This category is now open to anyone applying with a Bachelor’s or higher degree from anywhere in the world, including the U.S.
As stated in previous posts, the H-1B category is for individuals working in positions complex enough to require a degree in a specific specialty. The individual must possess that degree or a related degree (or its equivalent in experience).
Please contact our San Francisco Immigration Law Office as soon as possible if you’d like assistance with an H-1B cap petition. The USCIS could close the cap at any time without notice, so timing is critical. Note that the next cap filing period opens April 1, 2011 for an October 1, 2011 start date.
Tags: cap, H-1B, quota, regular, U.S. Master's
Posted in Alerts, H-1B, Nonimmigrant Visas, USCIS | Read More »
Indian Visa Applicants May Apply Anywhere in India
The U.S. Ambassador to India has announced that citizens of India who are applying for visas at U.S. consulates and embassies in India may apply anywhere in the country regardless of residence. The U.S. Consulates are located in Mumbai, Chennai, Kolkata, and Hyderabad and the U.S. Embassy is in New Delhi. This change has been made in better serve Indian nationals, U.S. businesses and U.S. citizens in India. Please note that the strict review standards for visa applications in India still apply, so it is advised that applicants seek legal assistance before attending a visa interview.
Please contact our San Francisco Immigration Law Office if you need assistance with a visa application.
Tags: H-1B, India, residence, visa application
Posted in Alerts, H-1B, Nonimmigrant Visas | Read More »
Fiscal Year Underway and H-1B’s Still Available
The USCIS reported October 1, 2010, that 40,600 (of 65,000) H-1B cap-subject petitions and 14,900 of (of 20,000) U.S. Master’s cap petitions have been received.
As mentioned in prior posts, the H-1B category is for individuals who wish to perform temporary work in the U.S. in positions that require a Bachelor’s or higher degree (i.e. in a specialty occupation). Each year, 65,000 slots are allotted for holders of Bachelor’s degree or the equivalent experience and 20,000 slots are allotted for U.S. Master’s degree holders (or higher), totaling 85,000 slots.
Please contact our San Francisco immigration law office if you’d like assistance filing an H-1B petition.
Tags: cap, H-1B, quota, specialty occupation
Posted in Alerts, H-1B, Nonimmigrant Visas, USCIS | Read More »
H-1B and L-1 Petition Fees Increase for Certain Employers
Effective immediately, petitioning employers with 50 or more employees in the U.S. and 50% or more of its workforce holding H-1B or L status (L-1A, L-1B and L-2) must submit additional fees for initial and change of employer petitions.
For H-1B petitions of either type, the petitioner must submit an additional $2000. For L-1A and L-1B petitions of either type, the petitioner must submit an additional $2250. These fee increases will remain in effect through September 30, 2014.
Please don’t hesitate to contact our immigration law office in San Francisco if you have questions about these fees.
Tags: H-1B, L-1A, L-1B, petition fee, Public Law 111-230, visa fee
Posted in Alerts, H-1B, Nonimmigrant Visas, Politics/Current Events, USCIS | Read More »
ALERT: DEPARTMENT OF STATE REDUCES VISA PERIOD FOR MEXICAN CITIZENS
The U.S. Department of State (DOS) has reduced work visa validity periods for Mexican citizens after Mexico increased its visa fees for U.S. citizens. Starting February 22, 2010, any Mexican citizen applying for a U.S. work visa in the categories of H-1B, H-2B, E-1, E-2, TN or L-1 will receive a one-year validity period only. Multi-year work visa approvals are no longer available until further notice. This change applies to Mexicans seeking to come to the U.S. and those already in the U.S. filing extension petitions with the United States Citizenship and Immigration Service (USCIS). If you have any questions about this recent and sudden change, please don’t hesitate to contact our immigration law firm.
Tags: Department of State, H-1B, L-1, Mexican citizens, TN
Posted in Alerts, FAQ - TN, H-1B | Read More »
H-1B’s Still Available
The FY2011 H-1B cap filing period opened April 1, 2010. As of April 8, 2010, the USCIS has only received 19,100 H-1B petitions for the 85,000 slots currently allotted. This means there are many H-1B slots left to be filled!
The H-1B category is for individuals who wish to perform temporary work in the U.S. in positions that require a Bachelor’s or higher degree (i.e. in a specialty occupation). Each year, 65,000 slots are allotted for holders of Bachelor’s degree or the equivalent experience and 20,000 slots are allotted for U.S. Master’s degree holders (or higher), totaling 85,000 slots. In previous years, the quota was reached within days of April 1, however, due to the struggling U.S. economy, that is not currently the case. Last year, the cap period remained open over 8 months from April 1, 2009 – December 21, 2009.
Despite the slowdown in H-1B filings, the category remains a first-come/first-serve system, so filing an H-1B cap petition sooner rather than later is best. The USCIS can announce at any time that the cap has been reached and it is closed until next year. Please contact our immigration law firm if you would like our assistance with your H-1B petition.
Tags: H-1B, h-1b cap, H-1B quota
Posted in H-1B | Read More »
Am I an intermittent H-1B or L-1 visa holder?
Intermittent status applies to H-1B and L-1 visa holders who reside in the U.S. for fewer than 6 months in a one year period. If an H-1B or L-1 visa holder maintains a residence abroad and is only needed periodically in the U.S. (not to exceed 6 months) the individual is an intermittent H-1B or L-1 employee not subject to standard time limitations.
Typically, a person may hold H-1B status for a maximum period of 6 years with limited exceptions going beyond 6 years. For L-1A status (managers/executives), the maximum time period is 7 years. For L-1B status (specialized knowledge professionals), the maximum time period is 5 years. These H-1B and L-1 time limitations do not apply to intermittent H-1B and L-1 visa holders and these individuals can renew their status indefinitely.
Filing for intermittent status is the same as filing for regular status, with a notation made that the individual resides abroad and is therefore an intermittent employee. Intermittent status is an attractive option for individuals stationed abroad and due to its flexibility, should be utilized whenever possible to avoid the standard categorical restrictions of H-1B and L-1 status. Please don’t hesitate to contact our immigration law firm if you would like to discuss intermittent status in detail.
Tags: H-1B, intermittent, L-1
Posted in FAQ H-1B, FAQ L-1, H-1B | Read More »
Am I allowed to change employers in H-1B status?
Yes. This is known as H-1B portability. A person in H-1B status may switch to a new employer provided the new employer files an H-1B petition on the worker’s behalf requesting the change.
This “change of employer” petition is similar to an initial petition and must include the applicable forms and fees, as well as set forth information about the company, the H-1B position and the worker’s qualifications.
The most important thing to note with H-1B change of employer petitions is that employment with the new employer may begin upon filing the petition (i.e. upon receipt at the USCIS) provided ALL of the following four conditions are met:
1. The worker was lawfully admitted to the U.S.
2. The new petition is non-frivolous (i.e. not without basis in law or fact)
3. The new petition was filed before the date of the worker’s expiration of stay
4. Subsequent to the worker’s lawful admission to the U.S., he/she has not been employed with authorization before filing the H-1B change of employer petition
In other words, if the worker meets all 4 criteria above, he/she does not need to wait for the petition to be approved before starting employment with the new employer.
Please contact our San Francisco immigration law firm if you need assistance with your H-1B petition or would like to discuss changing H-1B employers.
Tags: change of employer, H-1B, portability, switch employer, transfer employer
Posted in FAQ H-1B, H-1B | Read More »
