H Visa

USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016

8 years ago By Editor

On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.

Recording of Free Community Conference Call (Every Other Thursday), 11 February 2016

8 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 11 February 2016:
FAQ: Traveling on EAD, Advance Parole, H-4; Does changing jobs require restarting green card; Returning to H-1 after I-485 EAD; Birth certificates and affidavits of birth, non-availability certificate, secondary evidence; E-3 visa change of employers and filing green card; Options after 6 years of H-1 are completed; Extending B-2 visa and status for dependent parent; Effect of change in project on EB-1C (International Managers/Executives) green card.

Other: H-4 for autistic son over 21; H-1 amendment location has changed; Using B-1 B-2 visa after Advance Parole expire, I-485 is abandoned; H-1 reuse and quota; I-140 priority date transfer and returning to old employer; H-1 quota if no visa was stamped; I-485 RFE; Correcting errors on Form I-130; Starting green card with new employer, porting (transfer of) priority date; AC21 changing jobs while RFE is pending; Denial of Form I-751, conditional permanent residence (green card); Resetting the clock on H-1B and L-1B; H-4 EAD issues; Applying for change of status from H-3 to F-1.

DHS Notice of Countries Eligible to Participate in the H-2A and H-2B Worker Programs

8 years ago By Editor

[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72079-72081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29373]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2011-0108]
RIN 1601-ZA11


Identification of Foreign Countries Whose Nationals Are Eligible 
to Participate in the H-2A and H-2B Nonimmigrant Worker Programs

AGENCY: Office of the Secretary, DHS.

Recording of Free Community Conference Call (Every Other Thursday), 20 August 2015

9 years ago By Editor

Nonimmigrant Visas

Immigration Law

Green Card

Priority Date

DOL Updates FAQ on Prevailing Wages for H-1B, H-1B1, and E-3 Programs

9 years ago By Editor

The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs.

For the new FAQs click here.

Recording of Community Conference Call (Every Other Thursday) 2015, May 28

9 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

9 years ago By Editor

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

Exempt from the H-1B Quota

9 years ago By Editor

Question details

I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?

In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.

Read more about Exempt from the H-1B Quota

District Court Grants DOL an Extension for H-2B Program

9 years ago By Editor

On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15, 2015.

H-1 Receiving Payments for Past Work/Bonus (1099)

9 years ago By Editor

Question details

I worked for ABC Company for last 3 years. They extended my H-1B at the end of 3rd year. But during my 4th year (this year) I changed my employer and updated my H-1B too. At the same year, ABC Company was sold to another company. ABC Company decided to give bonus to its current and formal employees. I got a bonus

check from ABC Company. Since, I was not on their payroll they issued me a 1099

misc form for tax purposes for this tax year. My understanding is H-1B employee

can file only W-2 form with current employee. If I file my tax with this 1099 misc

form from ABC Company? Am I violating the H-1B rules?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Read more about H-1 Receiving Payments for Past Work/Bonus (1099)

Subscribe to H Visa