The icert system isn’t great to say the least but to file for an H1B visa you must have an approved LCA. Many employers are not in the system and it can take up to or over a week to find that out, a week to fix it, and a week to get an LCA approved. So that potentially adds 21 days to the that didn’t used to exist before.
So what to do? Since it’s unlikely that the H1B cap will be hit on April 1 (the day that H1B visas can first be filed) it probably won’t be an issue.
But if one is worried about the cap being reached quickly it’s possible to file the LCA before April 1 using a date before October 1 (the first day new visa numbers become available) as the start date. You can do this even if you put the earliest date (10/1) on the I-129 petition. Only drawback is that the end of the I-129 will be the end of the LCA and that will be three years from the date you applied at the latest. That means the H1B visa might get shorted a little bit but better that than no H1B visa right?
Cap exempt petitioners don’t have to worry about all this silliness of course.
Undocumented immigration is a problem. It’s not a problem that people are migrating here. That’s normal. It’s a problem because it’s a sign that the system is not responding quickly enough to migrants and economic forces.
Right-wingers think it’s a problem because the undocumented are terrorists, job stealers, drug pushers, welfare cheats, or some other kind of “evil doer”.
And they scream about it. Loudly. They complain about the dilution of our “culture”. They buy guns and roam around the border threatening to shoot people. They profile and lock away.
They demand that the government do something.
So the government proposes an ID card for Americans which will show work authorization.
What do the right-wingers do?
They http://biggovernment.com/capitolconfidential/2010/03/10/national-id-card-being-considered-by-senators/ out.
Be careful what you wish for.
In an article titled “Marathon’s Headline Win Is Empty” CNBC business writer, Darren Rovell, claims that the winner, Meb Keflezighi, a naturalized citizen who was born in Eritrea but has been in the US since he was 12 is a “ringer” so running fans shouldn’t be all that excited that an American won the NY Marathon – since he isn’t really an American.
It’s odd that he considers someone who has lived in the US for 22 years a ringer. Mr. Keflzighi has spent his formative years in the US. Has presumably trained and eaten like an American (not a Kenyan which Mr. Rovell brings up for some reason despite Meb not being Kenyan – guess they’re all the same). So what advantage did Meb have?
Perhaps Mr. Rovell thinks Eritreans are genetically superior runners to Americans.
Though I’d like Mr. Rovell to define “American” if he can.
Furthermore, my guess is that Mr. Rovell is not a Native American. My guess is that his ancestors – perhaps recent ancestors – immigrated to the United States.
One would assume he would not consider them Americans either.
Someone should ask him that too.
The USCIS has recently decided that individuals subject to the “widow penalty” (i.e. US citizen spouse dies before I-130 adjudicated and marriage is less than two years old) will be allowed to have their cases held in abeyance until a remedy is finalized. This means the individuals will be able to secure workcards “EADs” and advance parole documents.
The 9/4/2009 memo with more information can be found here [PDF]
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.
USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.
For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.
Via the USCIS
Contact your local representative to show your support for the Dream Act so we can get it passed this year!
In a trend that tracks the economic realities of the moment the USCIS has announced that they have only received about 1/2 of the number of petitions that would count towards the cap. There will be no lottery for any petition unless it is filed on the day that the USCIS receives enough to meet the cap.
The Master’s cap has nearly been reached however, and this also reflects the need for highly skilled and specialized workers.
Clearly the market works and there is no need for a cap at all.
The Department of Justice is investigating Arizona Sheriff Joe Arpaio, known for parading immigrants in chains to his “tent city”, for racial profiling.
The DOJ is investigating whether or not deputies are engaged in “patterns or practices of discriminatory police practices and unconstitutional searches and seizures.”
(how could they not be if pretty much the only people they stop are folks who look “Hispanic” and they do their “sweeps” in Hispanic neighborhoods?)
Calls for an investigation from officials such as Phoenix Mayor Phil Gordon and some Democratic lawmakers, as well as justifiable outrage by immigrant rights groups, likely led to the investigation – described as the first of its kind related directly to immigration.
The sheriff vows to fight the federal government – of course.
Good luck with that Joe!
read more here
Office of Communications
Fact Sheet Feb. 24, 2009
PREMIUM PROCESSING SERVICE FOR CERTAIN
FORM I-140 PETITIONS BEGINS MARCH 2, 2009
U.S. Citizenship and Immigration Services (USCIS) will expand Premium Processing Service for designated Forms I-140, Immigrant Petition for Alien Worker to include alien beneficiaries who have reached or are reaching their limitation of stay in H-1B nonimmigrant status. Currently, only certain alien beneficiaries who are in H-1B nonimmigrant status at the time of filing may request Form I-140 Premium Processing Service.
Starting on March 2, USCIS will accept the Form I-907, Request for Premium Processing Service, for Forms I-140 filed on behalf of alien beneficiaries who, as of the date of filing the Form I-907:
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Are the beneficiary of a form I-140 petition filed in a preference category that has been designated for premium processing service;
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Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
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They are only eligible for a further H-1B extension upon approval of their Form I-140 petition as prescribed by American Competitiveness in the Twenty-first Century Act (AC21) provisions 104(c)1; and
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Are ineligible to extend their H-1B status under AC21 §106(a)2.
Under the Premium Processing Program, USCIS may place such conditions of availability for the Premium Processing Program. The petitioner must establish that the Form I-140 for which the Form I-907 is filed satisfies these conditions. To facilitate USCIS’s determination of whether a particular filing meets the conditions, petitioners can submit:
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Copies of all Forms I-94, Arrival/Departure Record and I-797 H-1B or L approval notices that have been issued on his or her behalf;
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A copy of the relating Form I-140 petition receipt notice if the form was previously filed; and,
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A copy of the labor certification approval letter issued by the Department of Labor, if filing under the EB-2 or EB-3 classifications.
1 Public law known as the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) permits up to a three-year extension of stay for an H-1B nonimmigrant alien, provided he or she is the beneficiary of an approved Form I-140 petition and otherwise eligible for lawful permanent resident status except that the employment-based preference visa is unavailable.
2 USCIS grants an H-1B extension of stay pursuant to §106(a) of AC21, in one-year increments, until such time as a final decision has been made to (1) deny the application for labor certification, or, if the labor certification is approved, to deny the employment-based immigrant petition that was filed pursuant to the approved labor certification; (2) deny the employment based immigrant petition, or; (3) grant or deny the alien’s application for an immigrant visa or for adjustment of status.
Form I-907 Premium Processing Service requests that do not clearly meet the conditions will be rejected and returned with the I-907 fee. The Form I-140 petition will be processed according to standard, non-premium processing procedures if the Form I-907 is:
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Submitted without documentation establishing the conditions for availability noted above;
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Incorrectly submitted concurrently with a Form I-140 petition at a USCIS office without geographic jurisdiction over the Form I-140 petition; or
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Submitted to request Premium Processing Service for a Form I-140 petition filed for an alien beneficiary who is eligible to extend his or her H-1B nonimmigrant status under AC21 §106(a) as of the date that the Form I-907 is received by USCIS.
USCIS will accept Form I-907 either together with the Form I-140 petition or after the filing of the Form I-140 petition through the mail or delivery service only. E-filing for Form I-907 will not be available. USCIS expects that adding other classifications to Premium Processing Service at this time would exceed USCIS’ capacity to provide timely Premium Process Service. USCIS will continue to evaluate whether it is able to process other groups of cases beyond this limited classification of petitions and will provide notification of any further availability of Premium Processing Service for Form I-140
