lux & lex

November 2010

Greetings!

Please forward this newsletter to persons you think will be interested.

Challa Law Offices, PLC now in two additional Locations: VA Beach, VA and in Cary, NC

To Schedule a consult and to meet one of our attorneys at either of these new locations please call now.

Challa Law Offices, PLC

4445 Corporation Lane, Suite 291 Virginia Beach, VA 23642

Toll Free Phone: 800-913-4122

Lakshmi Challa's Schedule for Va Beach

December, 16 2010

Please call to set up a consult

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Challa Immigration Law Offices, LLC
1000 Centre Green Way, Suite 200 Cary, NC 27513
Toll Free 800-890-4358

Lakshmi Challa's Schedule for cary, NC.

December 14 and 15 ,2010

Please call to set up a consult

Ring in the Holidays with Immigration Reform!

President Obama has publicly affirmed his commitment to immigration reform. Now he is pushing part of that reform effort by supporting the DREAM Act. On November 16, 2010, President Obama met with Democratic members of Congress to express his strong support for the Act. He called the DREAM Act a "down payment" on immigration reform, and asked Congress to pass it before January.

The DREAM Act would protect immigrants who entered the US illegally when they were under 16. If those immigrants are under 35, have lived in the U.S. for at least five years, and have spent two years in college or in the military, they would get legal status. To get this status, the immigrants must not be deportable or inadmissible, and they must never have been under a final order of exclusion, deportation, or removal.

Supporters say the DREAM Act is needed to prevent immigrants who didn't choose to enter illegally from being unfairly punished. One major supporter, Congressman Luis Gutierrez, said, "We cannot squander this opportunity to save a million kids." Congress is debating the DREAM Act now, and could vote it into law by the end of December.

What Does This Mean for You? You need to get ahead of the line!

Even if you will not be directly impacted by the benefits of the DREAM Act, USCIS will be flooded with applications once passed. Therefore, if you are thinking of starting an immigration filing of any kind, you should file now. Once the legislation is passed, millions of people will start processing their immigration petitions and this will lead to immigration backlogs. Further, the enactment of the DREAM act is a clear indication that comprehensive immigration reform may be passed some time in the near future. File now to get in front of the line.

Have You Done These Things to Prepare for US Immigration Reform?

It is possible that the new law would provide a path for permanent residence ("green cards") for certain foreign nationals who either entered without documentation, or who entered with a valid visa, but who are now out of status. If that happens, millions of foreign nationals may be able to apply for the green card. So that you are ready to file for the green card immediately, you should take the following steps:

Gather your immigration related documents, and keep them safe and organized. The specific documents required may change slightly depending on exactly how the law is written, but the types of documents that are typically required include:

Birth certificate
Passport (even if it is expired)
Visa and I-94 card (if you have them)
Marriage certificate
Birth certificate of your children if they are applying with you
Past 3 years Federal Income Tax Returns, with W-2s indicating individual salary.
Recent Pay Stubs and recent bank statements.

If you have not been paying taxes, prepare the tax returns that you have not yet filed.
Keep a clean criminal record. If you have a criminal record in any state, obtain a copy of the record, and a copy of any supporting documents (court orders, police records, etc) as these may be required when you apply for the green card.

Finally, we do not know if or when the new law will pass. While we hope for reform soon, you may be able to take steps now to obtain permanent residence, even if you are not currently in valid immigration status:

If you entered the US with a valid visa, and it has since expired, you may be able to apply for permanent residence if you are married to a US citizen.
If anyone (an employer or family member) has submitted paperwork to Immigration (INS or USCIS) for you before April 30, 2001, and if you meet certain other criteria, you may be able to seek permanent residency through a special section of the law called 245(i).

If you think you may qualify for permanent residence now based on the above, please call our office and speak to one of our experienced immigration attorneys. The attorneys can help you review your current situation, and develop a plan for obtaining permanent residence.

FY 2011 H-1B Cap Count (as of November 12, 2010)

Cap Type	Cap Amount	Cap Eligible Petitions	Petition Target	Date of Last Count
H-1B Regular Cap	65,000	47,800		11/12/2010
H-1B Master's Exemption	20,000	17,400		11/12/2010

Two Reasons to File Your Petition Today!

The H-1B cap may be met any day now!

U.S. Citizenship and Immigration Services (USCIS) reports that as of November 12 it had received 47,800 H-1B filings against the 65,000 annual standard cap for Fiscal Year (FY) 2011 and 17,400 filings against the 20,000 cap exemption for holders of U.S. advanced degrees. On average, USCIS has received approximately 2,000 total cap filings each week, but occasionally has received over 4,000 filings in one week. However, filings could increase significantly in the near future because of:

1) December graduates finding jobs,

2) The increased rate of hiring generally, and

3) USCIS filing fees will increase as of 11/23/2010 (some employers may try to file before that date to avoid paying the higher fees, especially if filing by premium processing).

If you plan to file an H-1B petition this year, please submit your petitions as soon as possible to ensure it is accepted before the cap is reached. It is also not too early to begin planning for the FY 2012 filing season, which begins in just a few months, on April 1, 2011.

Remember: USCIS Filing Fees Will Change of as November 23, 2010

If you are submitting a petition or other filing to USCIS on or before this date, please be sure to include the filing fee check for the correct amount! If the check is for the incorrect amount, USCIS will reject your filing. This will cause processing delays at best, and may negatively affect your immigration status at worst. Check the correct fee amounts here: http://www.uscis.gov/portal/site/uscis/

December 2010 Visa Bulletin

The Department of State has released the December Visa Bulletin, its projection of immigrant visa availability for the coming month. In December, priority date cut-offs for most employment-based preference categories will continue to advance, though only by a few weeks for most countries.

In the employment-based second-preference (EB-2) category, priority dates will advance by two weeks for China, to June 8, 2006, but will be unchanged for India, remaining at May 8, 2006. The EB-2 category will remain current for all other countries. In the employment-based third preference (EB-3) subcategory for professionals and skilled workers, cut-off dates will advance by one week for India (to January 22, 2002) and one month for China (to December 8, 2003) and by six weeks for most other countries (to February 22, 2005). The EB-3 professional and skilled worker subcategory cut-off date for Mexico will jump forward just over two months to July 1, 2002. In the EB-3 other worker subcategory, priority dates will move forward one month for most countries, one week for India, and just over two months for Mexico. All other employment-based categories remain current.

In December 2010, priority date cut-offs for employment-based immigrant categories will be as follows:

EB-1
Current for all countries

EB-2

China - June 8, 2006.
India - May 8, 2006.
All other countries - current.

EB-3 Professionals and Skilled Workers China - December 8, 2003.
India - January 22, 2002.
Mexico - July 1, 2002.
All other countries - February 22, 2005.

EB-3 Other Workers India - January 22, 2002.
Mexico - July 1, 2002.
All other countries - April 22, 2003.

EB-5

Current for all subcategories and countries.

State Department Projections for Future Cut-off Date Movement

The December Visa Bulletin also included projections for priority date cut-offs over the next several months. The State Department does not predict priority date cut-offs will be introduced for the employment-based first-preference (EB-1) category in the near future, nor does it expect cut-offs to apply to countries other than China and India in the employment-based second-preference (EB-2) category. It predicts no to two week advancements for EB-2 China over the next few months, but no movement for EB-2 India. In the employment-based third preference (EB-3) category, priority date cut-offs are predicted to advance from one to six weeks, depending on nationality.

What is the New I-485 Adjustment of Status Fee for a Child Under 14?

The new filing fees go into effect on November 23, 2010 (AILA Doc. No. 10092330). AILA is aware that the USCIS Fact Sheet does not list the filing fee for a child under 14 years of age (AILA InfoNet Doc. No. 10092342) . However, the Federal Register notice announcing the new filing fees indicate that where the child under the age of 14 is applying concurrently with a parent, is a derivative applicant, and is applying based on a relationship to the same individual as the parent, or under the same legal authority as the parent, the new filing fee will be $635 (AILA InfoNet Doc. No. 10060962). The fee of $985 for an I-485 applies for a child under the age of 14 whose I-485 application is not submitted concurrently with that of the parent, or is not based on derivative status, or is on a basis other than that of a parent.

"AILA InfoNet Doc. No. 10110935 (posted Nov. 9, 2010)"

USCIS Revises the Form I-129

"USCIS has revised the Form I-129, which employers use to petition for temporary workers in a variety of nonimmigrant visa classifications. The revised version of the form will be published on the same day that the final fee rule becomes effective: November 23, 2010. Once the revised version of the Form I-129 is published, USCIS will accept previous editions of the form for 30 days or until December 21, 2010.

As you prepare your petitions, please keep the following dates in mind:

November 23, 2010 - revised form available on www.uscis.gov.

December 21, 2010 - last day that USCIS can accept previous editions of the form (NOTE: This means that petitions must be postmarked or filed on or before this date for the previous edition to be accepted)
December 22, 2010 - USCIS will only accept the revised form with the Nov. 23, 2010 revision date and will reject requests using previous editions of the form (NOTE: This means that petitions postmarked or filed on or after this date require the revised version)"

Disclaimer

This newsletter has been prepared for general informational purposes only and does not constitute legal advice. No information included herein shall create an attorney/client relationship or constitute an invitation for such a relationship. This newsletter is not intended to be an advertisement. You should always seek professional, independent legal consultation before taking or refraining from any action.

Sincerely,

Lakshmi Challa
Challa Law Offices

In This Issue

Challa Law Offices,...PLC opens offices in VA...Beach VA and in Cary, NC