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February 25, 2011
  Frequently Asked Questions: Round 1 Q&A for H-1B, H-1B1 and E-3
Posted By Ricky Malik
H1 BFAQ021711
Continue reading "Frequently Asked Questions: Round 1 Q&A for H-1B, H-1B1 and E-3" »

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February 02, 2011
  FY 2011 H-1B cap count reached!
Posted By Ricky Malik

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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October 03, 2010
  USCIS to designate more resources to H1-B adjudication to speed up processing
Posted By Ricky Malik

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
  H-1B Cap Count (for Fiscal Year 2011) as of September 3, 2010
Posted By Ricky Malik
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

H-1B Regular Cap

65,000

36,600

9/3/2010

H-1B Master's Exemption

20,000

13,400

9/3/2010

Ricky Malik, Esq.

greencard@mail.com

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September 16, 2010
  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
Posted By Ricky Malik

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.

Ricky Malik, Esq.

www.rmlegal.com

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September 02, 2010
  "I foreclosed on my house" or "I filed for bankruptcy!" Will that affect me from obtaining a Greencard or U.S. Citizenship?
Posted By Ricky Malik
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
  Broadgate H-1B Suit challenging Employer/Employee Third Party Placement Memo dismissed
Posted By Ricky
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.
Continue reading "Broadgate H-1B Suit challenging Employer/Employee Third Party Placement Memo dismissed" »

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August 18, 2010
  Obama signs emergency Border Bill, and stikes blow to H-1B
Posted By Ricky

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.

Continue reading "Obama signs emergency Border Bill, and stikes blow to H-1B" »

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August 17, 2010
  H-1B cap count for Fiscal Year 2011 for October 1, 2011 start date (updated 8/6/10)
Posted By Ricky
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


Continue reading "H-1B cap count for Fiscal Year 2011 for October 1, 2011 start date (updated 8/6/10)" »

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July 15, 2010
  H-1B Cap Count for Fiscal Year 2011 (for employment to commence October 1, 2010) as of 7/9/2010
Posted By Ricky

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

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
  U.S. Department of Labor's Administrative Review Board awards H-1B nonimmigrant $304,000 in back wages
Posted By Ricky

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
  Update: H-1B Neufeld Memo and its Aftermath
Posted By Ricky

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.

Continue reading "Update: H-1B Neufeld Memo and its Aftermath" »

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May 13, 2010
  H-1B Cap Count for Fiscal Year 2011 (Updated May 2010)
Posted By Ricky
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

H-1B Regular Cap

65,000

18,000

5/6/2010

H-1B Master's Exemption

20,000

7,600

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 consultation with one of our experienced attorneys.

Continue reading "H-1B Cap Count for Fiscal Year 2011 (Updated May 2010)" »

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The information on this Virginia Lawyer / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The Law Offices of Ricky Malik, P.C. represents clients in all 50 states of the United States and the World over, including Manassas, VA, Prince William County, Arlington, Fairfax, Centreville, Alexandria, Falls Church, Roslyn, Washington, DC, Loudon County, Lorton, Woodbridge, Virginia, Takoma Park, MD, Langley Park, Bethesda, Rockville, Hyattsville, Montgomery County, Prince George's County, Columbia, and Baltimore, Maryland.