Month: November 2007

Maged Rost is now accepting clients who would like to apply for cap-subject H-1B status for FY 2009.  As many of you are undoubtedly aware, this year’s 65,000 cap was exhausted on the first day cases were accepted for filing.  In fact thousands of petitions were rejected even though they were received on April 2, 2007 (April 1, 2007 was a Sunday).

For those who wish to commence H-1B employment on October 1, 2008, the petition may be filed as of April 1, 2008 (and preferably no later as all available cap-subject petitions will likely again be exhausted in a single day).  Please call or e-mail us for additional information.  www.magedrost.com.

THIS POSTING WAS UPDATED ON 11/20/07.

The following is for informational purposes and is not legal advice. Please consult a qualified lawyer for assistance with your matter.

Yesterday, AILA reported that the California Service Center (CSC) would be denying concurrently-filed H-1B petitions filed by cap-subject organizations on behalf of beneficiaries who had an approved H-1B from a cap-exempt employer. Such concurrently filed cases have been approved in the past. [AILA InfoNet Doc. No. 07111966 (posted Nov. 19, 2007)]. However, today AILA is reporting that the CSC will not be making any changes at this time: “CSC will return to prior policy with respect to certain forms of concurrent H-1B employment involving employment of an H-1B alien in cap-subject employment where the alien is already employed in cap-exempt employment.” [AILA InfoNet Doc. No. 07112065 (posted Nov. 20, 2007)].

A few facts about H-1Bs: (1) H-1B status is employer-specific, meaning that the beneficiary can work only for the petitioning organization; (2) H-1B’s are permitted to be for part-time employment so long as the labor condition application and the I-129 petition filed with the USCIS accurately state the offered wage and number of hours worked weekly; (3) a beneficiary is permitted to have more than one H-1B, concurrently filed by different organizations; and (4) certain organizations and beneficiaries are cap-exempt, meaning that they are not subject to the annual 65,000 numerical limitation on H-1Bs.

According to an article on scoop.co.nz: “In 2007, the Department of State issued a record number of student and exchange visitor visas — more than 600,000 — greater than 10 percent more than last year. The numbers are proof of the success of the U.S. government’s effort to reverse the drop in student and other visa applications after the terrorist attacks of September 11, 2001, U.S. Assistant Secretary of State for Consular Affairs Maura Harty told USINFO.”

If our laws allowed more of these students to remain in the US and contribute to our economy after their graduation it would be a win-win situation. The US would be more competitive on the global stage and the best and brightest could pursue the American dream.

At least things have not yet become so crazy in the US.  According to an article on FOXNews.com: “New Zealand immigration officials are keeping a U.K. wife from joining her husband ‘down under’ because they say she is too fat, the Daily Mail reports.”

According to an article on csmonitor.com: “Pundits dub the immigration issue ‘a minefield,’ ‘a new third rail,’ as well as a ‘megaissue’ because of its complexity and the strong emotions it evokes. Even the language used – “undocumented worker” versus “illegal immigrant” – has become a potentially volatile touchstone.”

The USCIS has issued its Application and Receipting Update for 11/16/07.

The USCIS weekly Application and Receipting Update should be released today. I am out of town and may not be posting it until I return on Monday. The update can be found on the home page of www.uscis.gov. Have a great weekend!

The Department of State has released its Visa Bulletin for December 2007.

We link to a Reuters summary of the leading 2008 U.S. presidential candidates’ positions on immigration reform.

Maged Rost is now accepting clients who would like to apply for cap-subject H-1B status for FY 2009.  As many of you are undoubtedly aware, this year’s 65,000 cap was exhausted on the first day cases were accepted for filing.  In fact thousands of petitions were rejected even though they were received on April 2, 2007 (April 1, 2007 was a Sunday).

For those who wish to commence H-1B employment on October 1, 2008, the petition may be filed as of April 1, 2008 (and preferably no later as all available cap-subject petitions will likely again be exhausted in a single day).  Please call or e-mail us for additional information.  www.magedrost.com.