7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)

As of April 15, 2011, the U.S. Citizenship and Immigration Services (USCIS) has received 7,100 H-1B Regular Cap, and 5,100 H-1B Master’s Exemption 20,000. These numbers include cases that are still pending or have been approved but do not include petitions that have been denied.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status. Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher.   These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window are undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS will inform the public that the cap has been reached, and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
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• H-1B Work Visa Cap is Almost Met (for Fiscal Year 2011)!

Online or Paper Filing, or Both, for Change-of-Address Forms AR-11 and AR-11 SR?

During an open house informational session held on March 5, 20 11 by the U.S. Citizenship and Immigration Services (USCIS) in Fairfax, Virginia, it is suggested that, due to system-interface issues, Change-of-Address applicants should consider filing paper change-of-address forms in addition to online filing to increase the chances that pending applications also accurately reflect the applicants’ new addresses. 

Starting March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR) must be sent to a new location in Harrisonburg, Virginia.

Most foreign nationals and each dependent family member in the United States are required to notify the U.S. Citizenship and Immigration Services (USCIS) with updates of any address changes within ten (10) days of such change via Change of Address form (AR-11, or AR-11 SR for special registration foreign nationals). One separate form must be filed for each applicable foreign national.  Change of Address form is also used for changing a foreign national’s address for a pending immigration application.

This Change-of-Address requirement also applies to green card holders.

Certain exceptions apply to the Change-of-Address requirement.  For example, non-U.S.-citizens under 14, or holding A or G status do not need to file the Change of Address form.  U.S. citizens are also not required to file an AR-11 Change of Address form but if a U.S. citizen has previously submitted a Form I-864  on behalf of someone who has become a permanent resident, the U.S. citizen is also legally required to notify the USCIS by completing a Form I-865 a Sponsor’s Change of Address form, within ten days of the completion of the move.  Form I-865 can be located at USCIS website at

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1ba892623014d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD .

For those subject to the AR-11 Change-of-Address requirement, failure to timely file the Change of Address form may be a ground for removal from the U.S.

On February 28, 2011, the USCIS announced that as of March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR for special registration foreign nationals) will change filing locations, and must be sent to the following address: 

DHS/USCIS

Harrisonburg File Storage Facility

Attn: AR-11

1344 Pleasants Drive

Harrisonburg, VA 22801

The USCIS will forward Change of Address forms (AR-11 and AR-11 SR forms) mailed to the old location to the new filing location for 45 days beginning March 15, 2011 until April 28, 2011.

In addition, applicants continue to have the option to file their Change of Address form online or electronically with the USCIS at: https://egov.uscis.gov/crisgwi/go?action=coa .  Both AR-11 and AR-11 SR forms can be submitted online at this USCIS website.

The USCIS announcement did not specifically address what would happen to Change of Address forms (AR-11 and AR-11 SR) mailed to the old address after April 28, 2011.  Since the USCIS has indicated that it would only forward Change of Address forms filed to the old address until April 28, 2011, after this date, these Change of Address forms sent to the wrong address would, therefore, be considered improperly filed or rejected.

In minimizing erroneous filing location and for other reasons, Change-of-Address applicants may consider filing their AR-11 or AR-11 SR forms online in addition to paper mailing.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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On February 4, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that many of its offices are closed due to severe snow and ice storms.  The USCIS service centers such as the Texas and Nebraska Service Centers are closed during the week of January 31, 2011.  Many USCIS field offices are also closed.   For the latest update on USCIS office closings, the public may contact the USCIS National Customer Service Center at 1-800-375-5283.

Cases, especially those that must meet deadline, will not be affected.  This is because the USCIS will make adjustment and acknowledge timely filings for immigration filings and responses to request for further evidence that must meet their respective deadline. 

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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H-1B petitions are extremely useful for many skilled foreign nationals to live and work in the U.S. Even though H-1B petitions are temporary work visas, many H-1B foreign nationals have successfully moved forward in applying for and obtaining green card status.

As of January 7, 2011, the U.S. Citizenship and Immigration Services (USCIS) has received 58,700 H-1B petitions that are subject to the annual 65,000 visa cap. These H-1B petitions will count towards the Fiscal Year 2011 visa cap (FY2011).

The USCIS has already received over 20,000 of the first 20,000 H-1B petitions for FY2011 that are exempted from the 65,000 visa cap, under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These extra petitions will now be counted towards the regular 65,000 visa cap where 58,700 of such visa numbers have already been used up.

These FY2011 H-1B work visas will have an employment start-date of October 1, 2010 or later.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor.

Normally, H-1B petitions/work visas are approved for a maximum of 6 years (3 years each time).

Potential H-1B candidates who do not make it to the Fiscal Year 2011 H-1B visa cap (October 1, 2010 or later start-date) have the options to have their H-1B cap petitions submitted to the USCIS on or after April 1, 2011 (October 1, 2011 or later start-date) for the Fiscal Year 2012 H-1B visa cap.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• FY2011 H-1B Visa Numbers are Almost Finished!
• H-1B Work Visa Cap is Almost Met (for Fiscal Year 2011)!
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 13,600 H-1B Cap Work Visas Have Been Received for FY2012 (June 1, 2011)

H-1B petitions are extremely useful for many skilled foreign nationals to live and work in the U.S. Even though H-1B petitions are temporary work visas, many H-1B foreign nationals have successfully moved forward in applying for and obtaining green card status.

As of January 7, 2011, the U.S. Citizenship and Immigration Services (USCIS) has received 58,700 H-1B petitions that are subject to the annual 65,000 visa cap. These H-1B petitions will count towards the Fiscal Year 2011 visa cap (FY2011).

The USCIS has already received over 20,000 of the first 20,000 H-1B petitions for FY2011 that are exempted from the 65,000 visa cap, under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These extra petitions will now be counted towards the regular 65,000 visa cap where 58,700 of such visa numbers have already been used up.

These FY2011 H-1B work visas will have an employment start-date of October 1, 2010 or later.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor.

Normally, H-1B petitions/work visas are approved for a maximum of 6 years (3 years each time).

Potential H-1B candidates who do not make it to the Fiscal Year 2011 H-1B visa cap (October 1, 2010 or later start-date) have the options to have their H-1B cap petitions submitted to the USCIS on or after April 1, 2011 (October 1, 2011 or later start-date) for the Fiscal Year 2012 H-1B visa cap.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• H-1B Work Visa Cap is Almost Met (for Fiscal Year 2011)!
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• FY2011 H-1B Visa Numbers are Almost Finished!
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 13,600 H-1B Cap Work Visas Have Been Received for FY2012 (June 1, 2011)