Badmus

Even if you have an employment authorization document (EAD) for work purposes and an advance parole document (AP) for travel purposes, extending your H-1B visa while your green card application is pending might be worthwhile depending upon your circumstances. Here are three reasons why an H-1B extension could make sense for you:

Safety - if your I-485 application is denied for any reason (even government mistakes), you will have no legal status and can be deported unless you have have nonimmigrant status like H-1B. Also, if you have H-1B status, you may be eligible to re-file your I-485 application. Without it, you might not.

Automatic Extension - even if you file your H-1B extension request the day before your H-1B expires, you will remain in H-1B status and continue to work without interruption while your extension request is pending. This is not true with the EAD. If your EAD renewal is not approved before your current EAD expires, you are not authorized to work until your EAD renewal is approved. Also, you have a small window of time to file the EAD renewal. To be safe, you must file 90 to 120 days before your EAD expires (you cannot file earlier than 120 days before expiration).
Family - if your spouse or child did not file or cannot file for adjustment yet, then maintaining H-1B status may be necessary to maintain status for your dependent spouse or child. Also, if you marry or plan to marry someone who needs a visa, the H-4 visa based upon your H-1B status is the fastest way for him or her to join you in the U.S.

There are many factors to consider in determining the best immigration status for you while your green card application is pending. Even if you decide not to extend your H-1B status or you travel using AP rather than an H-1B visa, you may still have an option of reinstating your H-1B status if necessary. Always consult with an immigration attorney when considering any changes to your immigration status.

By Ann Massey Badmus

Categories: Employment Immigration, Medical Professionals |

Those working with H-1B visas need to be aware that the USCIS is conducting approximately 25,000 random worksite visits to verify that the H-1B employee is actually employed with the sponsoring employer as described in the H-1B petition.  Many of our clients employed by both large and small employers have already experienced these unannounced visits.  It’s important that you and your employer are ready for these visits which usually include an interview with your employer’s representative, an interview with you, and a tour of the work facility.  Here are five steps you should take to prepare for and respond to a surprise visit to your workplace:
1.Review the H-1B petition filed by your employer to make sure your work locations, title, job duties, and wages are listed correctly. If not, contact your employer and lawyer immediately for further advice.
2. Have your attorney’s number available so you can call her immediately, before you begin your interview with the investigator. You are entitled to have your attorney present by phone or in person.
3. If you  work at a location not controlled by your employer, contact the  facility representative to let them know about the possibility of a site visit and advise them to contact you and your employer immediately in case of a surprise visit.
4. Ask your employer to contact the attorney who prepared the H-1B petition to help with a self-audit of their H-1B compliance files which are required for all employers.
5. Schedule a mock interview with your employer and attorney to prepare for a possible site visit so you can feel more comfortable if it happens.

Categories: Employment Immigration, Employer Compliance, Medical Professionals, General |

On 3/20/09, President Obama signed H.R. 1127 (PL 111-9), which extends two immigration related programs –Religious Workers and Conrad 30– through 9/30/09.

The bill was passed by the House of Representatives on 3/4/09, and by the Senate on 3/11/09.

AILA InfoNet Doc. No. 09030470 (posted Mar. 20, 2009)

Categories: Employment Immigration, Medical Professionals, General |

On March 20, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year 2010 (FY 2010) cap on April 1, 2009. Cases will be considered accepted on the date that USCIS takes possession of the petition; not the date that the petition is postmarked.

The numerical limitation on H-1B petitions for fiscal year 2010 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap. USCIS will monitor the number of petitions received and will notify the public of the date USCIS has received the necessary number of petitions to meet the H-1B cap, known as the “final receipt date.” The date USCIS publishes information that the cap has been reached does not control the final receipt date. To ensure a fair system, USCIS will, if needed, randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

Click the links below for the full announcment and FAQs.

 http://www.uscis.gov/files/article/H-1B_Filing_20mar2009.pdf

http://www.uscis.gov/files/article/H-1B_filing_qa_20mar2009.pdf

Categories: Employment Immigration, Employer Compliance, Medical Professionals, General |

Name Checks Pending More Than Six Months Now Completed

On 3/4/09 USCIS announced that it eliminated the backlog for FBI name checks pending more than 6 months. The next goal is to complete name check requests pending more than 90 days by 5/30/09.  For the full press release, click here.

Categories: Employment Immigration, Immigration Litigation and Removal, Family Immigration, Medical Professionals, General |

Effective February 23, 2009, and through December 31, 2009,  certain individuals who are present in the United States on valid, non-immigrant visas, and who possess certain language skills and/or who are healthcare professionals (doctors and nurses) may apply to enlist in the Army if they have been present in that valid non-immigrant status for the past two years.  This program, called MAVNI, allows individuals to apply for U.S. Citizenship and bypass the lawful permanent resident stage of the process.  It also allows those individual in J status to apply and bypass the foreign residency requirement.

This will continue until the end of 2009 or whenver they have reached the maximum number of individuals, which is 1,000.  Those who are on the following types of visas may qualify: refugees, asylees, TPS, E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U, and V.

You can read more about the program here.  Or on the Army website here.  If you wish to apply for this program, please contact our office.

By Michelle Richart

Categories: Employment Immigration, Legislation and Policy, Family Immigration, Medical Professionals, Blogroll, General |

Over 1,200 advocacy groups delivered a letter to the Obama Administration outlining priorities for immigration reform. The letter stressed the urgency with which the new Administration should approach immigration reform, noting that efforts to address the ills of our immigration system have become the victim of gridlock in Washington for too long.

 Click here for the full letter.

AILA Doc. No. 09012360.

Categories: Employer Compliance, Employment Immigration, Legislation and Policy, Immigration Litigation and Removal, Family Immigration, Blogroll, Medical Professionals, General |

Our Obama Watch party was a great success! We want to thank all our guests who attended.  In case you missed it, here’s President Obama’s Inaugural Speech.

Categories: Employer Compliance, Employment Immigration, Legislation and Policy, Immigration Litigation and Removal, Family Immigration, Blogroll, Firm News, Medical Professionals, General |

In the past year, some officers at the  Texas Service Center  (TSC) had been denying EB-2 / I-140 petitions based upon labor certification, finding that an MBBS degree is not equivalent to an M.D. in the U.S.   In an appeal decision by the Administrative Appeals Office (AAO),  the AAO reversed a TSC denial and found that an MBBS obtained after five years of study, such as those awarded in India, is equivalent to a M.D. in the U.S.  Although our law firm has never experienced a denial of an I-140 on this basis, we greatly appreciate this decision which should bar the TSC from questionning whether our physician clients are M.D.s!

-By Ann Massey Badmus

Categories: Employment Immigration, Medical Professionals, General |

The Defense Department announced on December 5, 2008 that it has authorized the military services to implement a pilot program that will temporarily permit enlistment into military service certain legal aliens (who have lived in the United States for at least two years) who hold skills that are critically needed in the military. The pilot will address health care professionals holding needed medical specialties (physicians and nurses) and people with skills in certain strategic foreign languages and cultures, qualifications important to present and future military operations. A fact sheet detailing the languages and basic requirements is available.  Click the link below for further details.

http://www.defenselink.mil/news/MAVNI-Fact-Sheet.pdf

By Ann Massey Badmus

Categories: Employment Immigration, Medical Professionals, General |