Greetings!
Please forward this newsletter to persons you think will be interested. |
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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:
- December graduates finding jobs,
- The increased rate of hiring generally,
- 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), and
- As the H-1B count gets closer and closer to the cap, more employers file to try to squeeze in last-minute petitions.
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. Please also keep the following points in mind:
- If you do not file your cap-subject H-1B petition now for this current cap, the next opportunity to file a cap-subject H-1B petition will be April 1, 2011, for an October 1, 2011 start date.
- Remember, even if you do not have an immediate need for an H-1B petition, you can file now for a start date up to six months from now (under the current H-1B cap).
- 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 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:
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FY 2011 H-1B Cap Count (as of November 12, 2010)
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Cap Type |
Cap Amount |
Cap Eligible Petitions |
Petition Target |
Date of Last Count
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H-1B Regular Cap |
65,000 |
47,800 |
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11/12/2010 | |
H-1B Master's Exemption |
20,000 |
17,400 |
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11/12/2010 |
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Pull Out Your Checkbook: New L-1 Fees Apply to Blanket Processing! Public Law 111-230 has recently been passed and requires additional filing fees for all new H and L filings (not extensions) if the employer meets the following conditions: - The employer has more than 50 US employees, and
- More than 50% of the US employees are on H or L (including L-1A, L-1B, and L-2) status.
Until recently, it has been unclear how or if this fee would be collected at the consular processing level for blanket L petitions, which are filed directly at the consulate. However, starting now, consulates will collect this fee as part of the L-1 application process at the consulate, in addition to other consular processing fees. If the company is not required to pay this fee (because the conditions listed above are not met), we advise you to submit a letter to that effect with the L-1 petition to avoid a processing delay. Should you have questions, or require additional information on this fee, please do not hesitate to contact your immigration team at Challa Law. |
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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, 13 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 |
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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. |
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Sincerely,
Lakshmi Challa
Challa Law Offices
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Our New and Enhanced Website
You can now do the following on our improved website:
Schedule an appointment
Make a payment for your legal fees
Some features that have not changed include:
Our online case management systems, where employees and employers can check the status of a case online 24/7
Additionally, employers can still generate reports which facilitate tracking high-volume case status and progress, and provide an additional safeguard to ensure critical deadlines are met
Check out our website at www.challalaw.com |
THE COMPREHENSIVE IMMIGRATION REFORM ACT OF 2010 Introduced by Senator Robert Menendez (D-NJ) and Senator Patrick Leahy (D-VT) on September 29th, 2010
The bill includes provisions for border enforcement, interior enforcement, worksite enforcement, a new non-immigrant category to address gaps in existing guest worker programs, and a path to legalization for undocumented foreign nationals, including elements of the DREAM Act. The bill has been introduced in the Senate, meaning it is in the infant stages. No bill has passed at this time. Stay tuned for further developments on this proposal. |
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Don't Get Caught Off Guard by a DOL Audit
Challa Law Offices Offers Training: Employer's Obligations Under the H-1B Regulations. The four-part training session is offered to employers. Special features of the training include determining the "Required Wage Rate"; parameters of the LCA, ongoing employer obligations, maintaining public access and other records, and finally DOL enforcement and penalties. Contact us if you would like to learn more about the training sessions. | |
