usavisanow.com. » H-1B Visa http://www.usavisanow.com Immigration Attorney Services for Indivuals and Organizations in all 50 States. Online account. Fast processing. Affordable fees. Wed, 25 Jan 2012 18:27:43 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 H-1B Visa Processing times http://www.usavisanow.com/2011/12/16/h-1b-visa-processing-times/ http://www.usavisanow.com/2011/12/16/h-1b-visa-processing-times/#comments Fri, 16 Dec 2011 19:14:36 +0000 admin http://www.usavisanow.com/?p=5357 Processing times on the USCIS website are not always accurate, so we are listing actual processing times for our H-1B cases here.

Below are processing times for recent H-1B Visa cases filed in our office:

Case #: EAC1120851224

  • Date Filed with USCIS: 7/24/2011
  • Date received H-1B Approval: 12/15/2011
  • Time between Filing and Approval: 145 days

Case #: EAC1121151437

  • Date Filed with USCIS: 7/19/2011
  • Date received H-1B Approval: 12/6/2011
  • Time between Filing and Approval: 141 days

Case #: WAC1123350909

  • Date Filed with USCIS: 9/1/2011
  • Date received H-1B Approval: 12/6/2011
  • Time between Filing and Approval: 97 days

Case #: EAC1117751115

  • Date Filed with USCIS: 6/1/2011
  • Date received H-1B Approval: 11/28/2011
  • Time between Filing and Approval: 182 days

Case #: EAC1202151632

  • Date Filed with USCIS: 10/14/2011
  • Date received H-1B Approval: 11/28/2011
  • Time between Filing and Approval: 46 days

Case #: EAC1116452200

  • Date Filed with USCIS: 5/6/2011
  • Date received H-1B Approval: 11/28/2011
  • Time between Filing and Approval: 207 days

Case #: WAC1110450927

  • Date Filed with USCIS: 2/28/2011
  • Date received H-1B Approval: 11/22/2011
  • Time between Filing and Approval: 268 days

Case #: EAC1120151414

  • Date Filed with USCIS: 6/30/2011
  • Date received H-1B Approval: 11/10/2011
  • Time between Filing and Approval: 134 days

Case #: EAC1118552740

  • Date Filed with USCIS: 6/9/2011
  • Date received H-1B Approval: 11/8/2011
  • Time between Filing and Approval: 153 days

Case #: EAC1125950351

  • Date Filed with USCIS: 9/21/2011
  • Date received H-1B Approval: 11/7/2011
  • Time between Filing and Approval: 48 days

Case #: EAC1120351564

  • Date Filed with USCIS: 7/7/2011
  • Date received H-1B Approval: 11/7/2011
  • Time between Filing and Approval: 124 days

Case #: WAC1117151740

  • Date Filed with USCIS: 5/19/2011
  • Date received H-1B Approval: 11/1/2011
  • Time between Filing and Approval: 167 days

Case #: WAC1200751023

  • Date Filed with USCIS: 10/6/2011
  • Date H-1B Approval: 11/1/2011
  • Time between Filing and Approval: 27 days
]]> http://www.usavisanow.com/2011/12/16/h-1b-visa-processing-times/feed/ 0 no lottery for H-1B petitions received on November 22 http://www.usavisanow.com/2011/12/02/no-lottery-for-h-1b-petitions-received-on-november-22/ http://www.usavisanow.com/2011/12/02/no-lottery-for-h-1b-petitions-received-on-november-22/#comments Fri, 02 Dec 2011 18:31:48 +0000 admin http://www.usavisanow.com/?p=5277 USCIS Service Center Operations has confirmed that November 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012, and that all properly completed H-1B petitions that were accepted for filing on November 22 will be included in the FY 2012 cap.

There will be no lottery for petitions received on November 22.

]]> http://www.usavisanow.com/2011/12/02/no-lottery-for-h-1b-petitions-received-on-november-22/feed/ 0 USCIS Reaches Fiscal Year 2012 H-1B Cap http://www.usavisanow.com/2011/11/25/uscis-reaches-fiscal-year-2012-h-1b-cap/ http://www.usavisanow.com/2011/11/25/uscis-reaches-fiscal-year-2012-h-1b-cap/#comments Fri, 25 Nov 2011 14:09:24 +0000 admin http://www.usavisanow.com/?p=5248 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on Nov. 23, 2011 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012.

USCIS is notifying the public that Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.

USCIS will reject cap-subject petitions for new H-1B specialty occupation petitions requesting an employment start date in FY 2012 that arrive after Nov. 22, 2011.

]]> http://www.usavisanow.com/2011/11/25/uscis-reaches-fiscal-year-2012-h-1b-cap/feed/ 0 AILA to USCIS: Original I-797s Must Go to Attorney of Record http://www.usavisanow.com/2011/09/22/aila-to-uscis-original-i-797s-must-go-to-attorney-of-record/ http://www.usavisanow.com/2011/09/22/aila-to-uscis-original-i-797s-must-go-to-attorney-of-record/#comments Thu, 22 Sep 2011 12:54:05 +0000 admin http://www.usavisanow.com/?p=5098 USCIS has advised AILA Liaison that the change in processing of I-797 approval notices and the mailing of “courtesy copy” notices to the attorney of record is the result of a planned change in the CLAIMS III management system.

AILA Liaison has advised USCIS of the consequences of the processing change and has urged USCIS to return to the prior notification procedure immediately.

]]> http://www.usavisanow.com/2011/09/22/aila-to-uscis-original-i-797s-must-go-to-attorney-of-record/feed/ 0 Employer Liability and Cancelling H-1B petitions http://www.usavisanow.com/2011/07/28/withdrawing-h-1b-visa/ http://www.usavisanow.com/2011/07/28/withdrawing-h-1b-visa/#comments Fri, 29 Jul 2011 02:40:46 +0000 admin http://www.usavisanow.com/?p=4730 In a recent ruling, GANZE & COMPANY, the US DOL has stated that the employer must meet all three criteria below to avoid wage liability.

To avoid back pay liability of H-1B employee, the employer must:

  1. Notify USCIS of termination.
  2. Notify Employee of termination pursuant to State Law.
  3. Offer to Pay return fare.
]]> http://www.usavisanow.com/2011/07/28/withdrawing-h-1b-visa/feed/ 0 DOL Delays in Processing Prevailing Wage Determinations http://www.usavisanow.com/2011/07/25/pw/ http://www.usavisanow.com/2011/07/25/pw/#comments Tue, 26 Jul 2011 03:48:33 +0000 admin http://www.usavisanow.com/?p=4717 We received the following email message from the DOL regarding the delay in our Prevailing Wage Requests:

Thank you for your inquiry.

The NPWC is currently experiencing delays in processing prevailing wage determinations as it is working to reissue certain prevailing wage determinations to comply with a court order issued June 15, 2011 in the United States District Court for the Eastern District of Pennsylvania. We continue to encourage all requestors to submit their ETA Form 9141 at least 60 days in advance of the employer’s initial recruitment efforts.

Thank You, NPWC

The June 15, 2011 court order stems from the August 30, 2010 decision in CATA v. Solis, where the district court ordered DOL to promulgate new H-2B prevailing wage regulations. AILA has contacted DOL for additional information on steps it is taking to comply with the court order, including how long it will take to reissue the H-2B wage determinations, and the short-/long-term impact of the order on prevailing wage processing times.

This delay has the unintended consequence of hurting applicants with time sensitive applications, specifically those in the 5th year of H-1B status and those approaching the start of of their 5th year in H-1B status. This is because applicants with a PERM case pending for 12 months are eligible to extend their H-1B status for 1 year beyond the normal 6 year period.

We hope that the DOL will catch up quickly and get back to the 21 days processing time that we were used to up until the end of May.

We will post updates as we receive them from DOL.

]]> http://www.usavisanow.com/2011/07/25/pw/feed/ 0 H-1B Cap Update 7-21-11 http://www.usavisanow.com/2011/07/21/h-1b-cap-update-7-21-11/ http://www.usavisanow.com/2011/07/21/h-1b-cap-update-7-21-11/#comments Fri, 22 Jul 2011 02:30:30 +0000 admin http://www.usavisanow.com/?p=4535 As of July 19, 2011, approximately 20,500 H-1B cap-subject petitions and 12,800 H-1B petitions for aliens with advanced degrees were receipted.

]]> http://www.usavisanow.com/2011/07/21/h-1b-cap-update-7-21-11/feed/ 0 H-1B Cap Exemption for Related or Affiliated Nonprofit Entities teleconference http://www.usavisanow.com/2011/05/26/h-1b-cap-exemption-for-related-or-affiliated-nonprofit-entities-teleconference/ http://www.usavisanow.com/2011/05/26/h-1b-cap-exemption-for-related-or-affiliated-nonprofit-entities-teleconference/#comments Thu, 26 May 2011 13:14:17 +0000 admin http://www.usavisanow.com/?p=4410 H-1B Cap Exemption for Related or Affiliated Nonprofit Entities

Thursday, May 26, 2011, 2:00 – 3:30 pm (EDT)

USCIS Office of Public Engagement would like to invite you to a teleconference on Thursday, May 26th at 2 PM (EDT) regarding H-1B cap exemption issues for nonprofit entities who are claiming cap exemption based on a relation to or affiliation with an institution of higher education under Section 214(g) of the Immigration and Nationality Act, as amended by Section 103 of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21).

H-1B beneficiaries who are employed, or have received an offer of employment, at an institution of higher education or a “related or affiliated nonprofit entity”, are exempt from the 65,000 fiscal year cap in the H-1B classification.

USCIS is seeking stakeholder feedback on the interpretation of the term “related or affiliated nonprofit entity” and its effect in determining eligibility for exemption from the H-1B cap.

To Participate in the Teleconference

Please contact the Office of Public Engagement at public.engagement@dhs.gov by May 25, 2011, and reference the following in the subject line of your email: “May 26, 2011”

Please also include your full name and the organization you represent in the body of the email.

To Join the Call:

On the day of the engagement please use the information below to join the session by phone.

Call-in Number: 1-8889579824

Passcode: 8340254

]]> http://www.usavisanow.com/2011/05/26/h-1b-cap-exemption-for-related-or-affiliated-nonprofit-entities-teleconference/feed/ 0 H-1B Visa Quota Update – 5-24-11 http://www.usavisanow.com/2011/05/24/h-1b-visa-quota-update-5-24-11/ http://www.usavisanow.com/2011/05/24/h-1b-visa-quota-update-5-24-11/#comments Tue, 24 May 2011 10:12:26 +0000 admin http://www.usavisanow.com/?p=4277 5/20/2011 – USCIS has received approximately 12,300 H-1B petitions counting toward the 65,000 cap, and approximately 8,500 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

]]> http://www.usavisanow.com/2011/05/24/h-1b-visa-quota-update-5-24-11/feed/ 0 H-1B Extension past 6 years with Denied I-140 or PERM under Appeal. http://www.usavisanow.com/2011/05/06/h-1b-extension-past-6-years-with-i-140-or-perm-under-appeal/ http://www.usavisanow.com/2011/05/06/h-1b-extension-past-6-years-with-i-140-or-perm-under-appeal/#comments Fri, 06 May 2011 16:17:40 +0000 admin http://www.usavisanow.com/?p=4280 Did you know?

We are starting a series of “Did you Know” posts for our readers to provide hopefully useful information on US Immigration Law. Let us know what you think!

It is possible to extend your H-1B Status beyond 6 years if the I-140 or PERM has been denied and it is within the 30 day time limit to file an appeal or it is currently under appeal with USCIS or BALCA.

The PERM or I-140 must be pending for 365 prior to the expiration of the current H-1B.

The duration of the H-1B Extension will be 1 year.

H-1B Extensions will be issued in 1 year increments until:

1) The PERM petition is denied, or if the PERM is approved until the I-140 is denied.

2) The I-140 is denied if there was no PERM Filed (a self sponsored National Interest Waiver petition, for example)

3) The Immigrant Visa or I-485 is approved or denied.

]]> http://www.usavisanow.com/2011/05/06/h-1b-extension-past-6-years-with-i-140-or-perm-under-appeal/feed/ 0