H-1B Visa

By Editorial Team , 3 April 2007

For Fiscal 2008: H1B CAP REACHED on April 2, 2007 for H-1B regular petitions, according to USCIS

The USCIS has announced that the H-1B cap for regular cases was reached on April 2, 2007, i.e., the first day that the filing was permitted. This means that petitions for regular cases will go into a random selection lottery. The USCIS does not yet know whether the Master's cap was reached or not. The USCIS notice appears below, and as an attached PDF file.

By Editorial Team , 20 December 2006

USCIS New Policy: Time spent in H-4 and L-2 does NOT count against H-1B and L-1 Time Limit

The USCIS has announced that after completing a policy review that it was clarifying that “any time spent in H-4 status will not count against the six-year maximum period of admission applicable to H-1B aliens.” Likewise, the USCIS also announced that “time an alien has spent time in L-2 dependent status will not count against the time available to the alien in L-1A or L-1B status.” The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006

By Editorial Team , 20 December 2006

H-1B holders, outside of U.S. for one year, who did not exhaust 6 year term, can opt to use remainder of 6 years to avoid cap.

The USCIS has announced that after completing a policy review that it was clarifying that to avoid H-1B QUOTA, individuals who spent one year outside of U.S. and did not exhaust entire six year term can CHOOSE to be re-admitted for “remainder” of initial six-year period without being subject to H-1B cap. The new policy was announced in a USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006. The USCIS Memorandum stated:

By Editorial Team , 20 December 2006

USCIS New Policy: Individuals eligible for 7th Year H-1B Extension are NOT required to be in the U.S., or in H-1B status.

The USCIS has announced that after completing a policy review that it was clarifying that “Aliens who are eligible for the 7th year extension may be granted an extension of stay regardless of whether they are currently in the United States or abroad and regardless of whether they currently hold H-1B status.” The 7th year H-1B extension is available for individuals with Labor Certification (PERM, traditional, or RIR) applications or I-40 petitions pending for more than one year, and for individuals who have approved I-140 petition

By Editorial Team , 29 October 2006

Will YouTube Sponsor H-1B Workers after its acquisition by Google?

Many foreign programmers, and other professionals, who would like to work for YouTube and Google wonder whether YouTube and Google sponsor individuals for H-1B visas. As you can see from the following chart, Google does indeed sponsor H-1B workers. Therefore, after the acquisition of YouTube by Google, Google will likely continue to sponsor individuals for H-1B visas provided that the H-1B quota, established by the U.S. government, has not run out.

By Editorial Team , 29 October 2006

Can Wee Shu Min get Asylum in the United States?

Wee Shu Min is the 18 year old daughter of Wee Siew Kim, a current Member of the Parliament of Singapore in the Ang Mo Kio Group Representation Constituency (Jalan Kayu), representing the current ruling People's Action Party. She is purportedly a student in Raffles Junior College's scholarship program.

When an H-1B Employer's Wage Obligation Ends

The wage the employer promised. An H-1B employer commits on the labor condition application to pay the required wage, which is the greater of the actual wage paid to others with similar experience and qualifications for the specific employment in question and the prevailing wage for the occupational classification in the area of intended employment, 20 CFR 655.731(a).

Extensions of Stay Filed Late: When the Delay May Be Excused

The requirement this page qualifies. A request to extend a nonimmigrant stay must ordinarily be filed before the previously authorized period expires, and by or for a person who has maintained the classification. An extension or amendment of stay may not be approved where the person failed to maintain the previously accorded status, or where that status expired before the request was filed. The same provision, however, allows the lateness of the filing to be excused. 8 C.F.R. 214.1(c)(4)(i).

Extension of Stay

What this part of the handbook covers. An extension of stay is a request to remain in the United States longer in a nonimmigrant classification that a person already holds. It is decided by U.S. Citizenship and Immigration Services on a request filed inside the country, and the general framework appears at 8 C.F.R. 214.1(c). This page sets out that framework. The page beneath it deals with the narrower problem of a request filed after the authorized stay has already expired.

H-1B Visa Temporary Professionals

For most professionals looking for a toehold in the United States, the H-1B is the go-to work visa, due to its favorable terms, including up to six years of work authorization for professional positions, with chances for indefinite extensions, built-in "dual intent" that makes it permissible to pursue permanent residence simultaneously, possible eventual work authorization for a spouse, and the simple lack of viable alternatives.