Extension of Post-Completion OPT and F-1 Status for Eligible Students under H-1B Cap-Gap Regulations

Late spring and early summer are generally busy period for recent foreign college graduates as far as employment immigration is concerned.  On one hand, foreign college graduates are either applying for their initial term OPT, their 17-month STEM extensions (if they qualify) or their H-1B work visas.

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Immigration Reform – On Hold This Year?

We have written and reacted previously on developments related to immigration reform here in Washington, DC (March 12, 2010 and March 18, 2010).   Our articles developed a fair amount of comments, excitement and hope.  However, the uncertainty and the current political climate here in Washington may make comprehensive immigration reform a rollercoaster ride.

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FY2011 H-1B Numbers Update – 16,000 Regular and 6,700 Masters Cap Visas Used (April 22, 2010)

USCIS released the weekly FY2011 information on the numbers of cap-subject H-1Bs filed since April 1.  As of April 22, 2010, USCIS has received approximately 16,025 H-1B petitions counting toward the 65,000 cap (a weekly increase of 2,425). Similarly, as of April 22, there were 6,739 H-1B visas filed subject to the U.S. Masters cap which has 20,000 limit (a weekly increase of only 939).

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Brief Guide to USCIS National Customer Service Center

Many foreign nationals, employers or their attorneys have had to deal with the USCIS’ National Customer Service Center (NCSC) at one point or another – possibly for a simple status check, to request expedite processing of an application, to inquire about a missing document or on another matter.   We hope that this brief guide to the NCSC will be helpful to our clients and readers:

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Volcano Travel Disruptions and I-94 Departure Compliance

Our office has fielded numerous calls from a number of foreign nationals who are in the U.S. temporarily and whose departure plans have been disrupted by the infamous Icelandic volcano ash.  For many in the U.S. whose departure travel arrangements were closely related to their I-94 expiration date, the disruption and delay in departure travel plans has caused overstay of the authorized period of stay in the U.S. on the I-94 or I-94W cards.  It is important to note that future admissibility can be permanently impacted due to an overstay of a period of authorized admission to the U.S.

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AAO Processing Times Report (April 1, 2010)

Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.

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FY2011 H-1B Numbers Update – 13,600 Regular and 5,800 Masters Cap Visas Used (April 15, 2010)

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Video on Naturalization Interview and Test

USCIS has released a 16-minute video on the naturalization process including the eligibility requirements, application process, preliminary steps, interview, English tests and U.S. history and government test (civics).   The video also includes two simulated interviews.

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Updates from Department of Labor

On March 25, 2010, the Department of Labor (“DOL”) held a stakeholders telephone conference to discuss DOL operations generally, and address PERM, iCERT prevailing wage and other specific areas.  We are happy to share some interesting pieces of information from DOL.

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May 2010 Visa Bulletin – Gradual Forward Movement

The May 2010 Visa Bulletin was just released by the State Department.  The eighth visa bulletin for the fiscal year 2010 brings gradual forward across most employment-based categories except EB-2 India (no change this month, for the second month in a row).   A notable movement can be seen in the EB-3 India category where the priority date moved forward by three weeks.

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