| February 25, 2011 |
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Frequently Asked Questions: Round 1 Q&A for H-1B, H-1B1 and E-3
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| Posted By Ricky Malik |
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H1 BFAQ021711 |
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| February 02, 2011 |
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FY 2011 H-1B cap count reached!
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| Posted By Ricky Malik |
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USCIS has reached its annual cap for H-1B petitions. The next time employers may petition will be on April 1, 2011 for a start date of October 1, 2011.
Contact the Law Offices of Ricky Malik, P.C. to prepare a FY 2012 petition.
Ricky Malik, Esq.
Immigration Attorney |
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| January 09, 2011 |
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USCIS Q&A in response to AILA
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| Posted By Ricky Malik |
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USCIS 16 page response to a variety of stakeholder questions:
Ricky Malik, Esq. |
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| November 01, 2010 |
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USCIS Implements Memo re H-1B and L-1 Fee Increases
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| Posted By Ricky Malik |
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USICS released the following interim memo which is in effect until further notice:
Ricky Malik, Esq.
rmlegal.com |
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| October 03, 2010 |
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USCIS to designate more resources to H1-B adjudication to speed up processing
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| Posted By Ricky Malik |
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USCIS in response to the inexplicable delays in H-1B processing announced they will designate more resources to H-1B processing.
Ricky Malik, Esq. |
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| September 17, 2010 |
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H-1B Cap Count (for Fiscal Year 2011) as of September 3, 2010
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| Posted By Ricky Malik |
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H-1B Cap Count (for Fiscal Year 2011) as of September 3, 2010
Cap Type |
Cap Amount |
Cap Eligible Petitions |
Petition Target |
Date of Last Count
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H-1B Regular Cap |
65,000 |
36,600 |
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9/3/2010 |
H-1B Master's Exemption |
20,000 |
13,400 |
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9/3/2010 |
Ricky Malik, Esq.
greencard@mail.com |
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| September 16, 2010 |
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H-1B fee increase for companies who employ 50+ in the U.S. and more than 50% of the employees are in H-1B or L status
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| Posted By Ricky Malik |
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On August 13, 2010, President Obama signed into law Public Law 111-230 which contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. The H-1B fee increase applies to companies who employ 50 or more employees in the U.S., and if more than 50% of those employees are in H-1B or L status.
USCIS is updating the forms and should release the new version shortly. USCIS release below:
Ricky Malik, Esq.
www.rmlegal.com |
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| September 02, 2010 |
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"I foreclosed on my house" or "I filed for bankruptcy!" Will that affect me from obtaining a Greencard or U.S. Citizenship?
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| Posted By Ricky Malik |
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In this difficult economy, a question I am often asked is if bankruptcy or foreclosing on a home will lead to problems with Immigration. I simply reply "Immediate Deportation. The U.S. will not allow fiscally irresponsible people to remain in the country." Then I smile and say "Just kidding."
No, it won't. In terms of obtaining lawful permanent residency (Greencard), there are only affidavit of support requirement in certain situations. For Naturalization, the inquiry is generally limited to owing any Federal, State or local taxes.
Ricky Malik, Esq. |
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| August 22, 2010 |
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Broadgate H-1B Suit challenging Employer/Employee Third Party Placement Memo dismissed
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| Posted By Ricky |
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| The District Court dismissed with prejudice Broadgate, Inc.,et al v. USCIS. The court held that the Neufeld H-1B memo does not constitute final agency action subject to judicial review. |
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| August 18, 2010 |
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Obama signs emergency Border Bill, and stikes blow to H-1B
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| Posted By Ricky |
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President Obama signed the H.R. 6080 bill into law on 8/13/10.
H.R. 6080 provides $600 million in emergency funds for fiscal 2010 to secure the Southwest border and enhance federal border protection and law enforcement.
Section 402 of the bill includes an increase in fees by about $2,250 for L visas and by $2,000 for employees on H-1B visas. This increase applies to companies with 50 or more employees in the U.S. and that have more than 50 percent of their U.S. workforce on H-1B or L visas. |
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| August 17, 2010 |
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H-1B cap count for Fiscal Year 2011 for October 1, 2011 start date (updated 8/6/10)
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| Posted By Ricky |
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H-1B cap count for Fiscal Year 2011 for October 1, 2011 start date (updated 8/6/10)
Cap Type |
Cap Amount |
Cap Eligible Petitions |
H-1B Regular Cap |
65,000 |
28,500 |
H-1B Master's Exemption |
20,000 |
11,900 |
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| July 15, 2010 |
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H-1B Cap Count for Fiscal Year 2011 (for employment to commence October 1, 2010) as of 7/9/2010
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| Posted By Ricky |
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As of 7/9/2010:
H-1B Regular Cap: 24,800 out of 65,000
H-1B Master's Cap: 10,600 out of 20,000 |
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| Continue reading "H-1B Cap Count for Fiscal Year 2011 (for employment to commence October 1, 2010) as of 7/9/2010" » |
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| July 11, 2010 |
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U.S. Department of Labor's Administrative Review Board awards H-1B nonimmigrant $304,000 in back wages
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| Posted By Ricky |
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The Department of Labor's Administrative Review Board held an employer liable pursuant to the employer's obligations under the Labor Condition Application (LCA) and the H-1B provisions under the Immigration & Nationality Act (INA).
The employer failed to pay the H-1B beneficiary, even though the employer was obligated pursuant to the LCA.
Conclusion:
1. H-1B Employers must be careful to carefully fulfill their obligations.
2. H-1B Employees should contact a competent attorney if they are concerned about their employers actions.
07_101.LCAP - |
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| June 23, 2010 |
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Update: H-1B Neufeld Memo and its Aftermath
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| Posted By Ricky |
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On January 2010 USCIS issued a memo (commonly referred to as the
Neufeld H-1B memo
-click to read it) adding requirements for H-1B petitions that are not permitted by H-1B regulations. Now employers are prohibited from placing H-1B workers at client worksites in many situations and many employer-owned businesses cannot file H-1B petitions.
The memo and its effect on H-1B adjudications has been problematic for many employers and is being challenged in the Federal Court in Washington, DC in Broadgate v. USCIS. |
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| May 13, 2010 |
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H-1B Cap Count for Fiscal Year 2011 (Updated May 2010)
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| Posted By Ricky |
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H-1B Cap Count for Fiscal Year 2011 (Updated May 2010)
FY 2011 H-1B Cap Count
Cap Type |
Cap Amount |
Cap Eligible Petitions |
Petition Target |
Date of Last Count
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H-1B Regular Cap |
65,000 |
18,000 |
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5/6/2010 |
H-1B Master's Exemption |
20,000 |
7,600 |
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5/6/2010 |
There are only 65,000 H-1B allowed each year under the regular cap and 20,000 under the Master's exemption. There are separate allotments and exceptions if you are from Chile, Singapore or Australia.
Contact the Law Offices of Ricky Malik, P.C. to set up a consulation with ane of our experienced attorneys. |
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