H-1B Cap Latest Count As Of 8/12/2011:

 

Regular cap count:  25,300(out of 65,000 cap) 

 

Master degree cap count: 14,700 (out of 20,000 cap)



U.S. Consulate, Mumbai Resumes H and L Visa Processing:

 

The U.S. Consulate General, Mumbai is pleased to announce the resumption of interviews in Mumbai for H and L visas.

 

The Consulate will open the appointment schedule on August 26, 2011; the first interview appointments available are on September 6, 2011. All interviews will be conducted at the Lincoln House Consulate building, located at 78, Bhulabhai Desai Road, Mumbai.

 

Summertime Travel: What You Need to Know to Use Your AP!

 

Many US workers take advantage of the hot summer months to take vacation and/or visit family. If you are not a US citizen or permanent resident and plan to travel internationally, you will need to plan ahead to make sure you are able to re-enter the US without issue. If you are travelling outside the US and plan to re-enter using your advance parole document, you should carry with you:

 

• Current (and valid) passport
• Your original advance parole (AP) document. Note that in some instances USCIS is now issuing a dual-purpose EAD/AP card in a single document.
• Copy of your I-485 receipt notice
• Your most recent pay stubs (past 2-3 months, if possible), and
• Letter confirming employment

 

Each case is different, and if you have criminal issues, immigration status issues, or other specific issues, you should contact our office first to ensure that you are eligible to travel, and that you have the necessary documents.

 India - Online Visa Application System:

 

India is in the process of implementing an online visa application system at its consular posts around the world. Under the new system - available at http://indianvisaonline.gov.in/visa/ - applicants complete the visa application online, print the completed forms, and then file them with supporting documents and photos to the relevant Visa Application Centers (IVAC).

Posts in Australia, Germany, the Netherlands, Singapore and the United Kingdom have already adopted the online process. Foreign nationals applying for visas in Ottawa and Toronto, Canada, must start using the online system on July 25, 2011, while those within the Vancouver consulate's jurisdiction must do so beginning August 1, 2011. Indian consular posts in Bangladesh, Belgium, Finland, New Zealand, Oman, Pakistan, Sri Lanka, Sudan, and Switzerland will be implementing the online system over the next several weeks. Once a consulate implements the new system, paper visa applications are no longer accepted.

As Indian consular posts implement the online system at different times, foreign nationals should consider to which posts they are required to submit their visa applications. In general, foreign nationals may apply for B business visas to the post with jurisdiction over their place of residence, though this policy varies by post with some requiring applicants to have two years of residence within their jurisdiction. Foreign nationals applying for E employment visas, however, must do so to the post in their country of citizenship, rather than their country of current domicile, unless they have resided there as a permanent resident for at least two years.

 USCIS Changed RFE Response Timeframe Policy:

 

The USCIS published Interim Policy Memorandum on Change in Time Frames for RFE Response on 07/13/2011. The new policy has been in effect since that day. The USCIS currently seeks comments from the stakeholders and the public. This memorandum changes the previous policy of setting the RFE response time flexible to a fixed timeframe to achieve a consistency. The fixed timeframe for RFE response which the adjudicators who issue the RFE must follow is as follows:

• Standard timeframe for I-539: 30 days
• Standard timeframe for All Other Form Types, regardless of whether the request is for initial or additional evidence, or whether the evidence is available in the United States or is obtained from overseas sources: 84 days (12 weeks)
• USCIS officers may reduce the response time from the standard timeframes only after obtaining supervisory concurrence. This discretion should be used on a case-by-case basis when warranted by circumstances as determined by the adjudicator and the supervisor.
• When an RFE is served by mail, USCIS officers should include additional mailing time for the RFE to reach the applicant/petitioner and for the response to reach USCIS. The standard mailing time established by regulation is three days.
• As a matter of policy, USCIS has determined that the mailing time should be longer when the applicant or petitioner is residing outside the United States. Appendix 10-9 of the AFM is amended to include appropriate mailing times in addition to standard response times.
• This Policy Memorandum does not apply to asylum applications or applications for relief under Section 203 of the Nicaraguan Adjustment and Central American Relief Act (¡§NACARA 203¡¨). Pursuant to 8 CFR 208.9(e), an asylum officer may, as a matter of discretion, grant a brief extension of time following an interview during which the asylum applicant may submit additional evidence. A similar provision exists for NACARA 203 applicants. See 8 CFR 240.67(b)(6).

Caveat: Regardless of the foregoing new policy, those who receive RFEs should comply with the Response Timeframe which is set forth in the RFE by the Adjudicator. Deviation of the adjudicator from the foregoing policy should be handled as a separate matter.

 

  
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.