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Challa Law Offices, PLC
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 February 2012
Greetings!

Wishing you all a very Happy New Year. Please forward this newsletter to persons you think will be interested.

Proposed White House Initiatives to Retain and Attract Highly Skilled Immigrants from DHS Release 1/31/2012

 

Expand those eligible for the 17-month extension of optional practical training (OPT).

This would allow F-1 students with STEM degrees that are not the most recent degree the student has earned, to receive this extension, along with expanding the list of STEM degree programs eligible for the extension. 

Allow spouses of F-1 students to enroll in more academic classes.

This seeks to allow spouses of F-1 students to enroll in academic classes on a part-time basis, along with the vocational or recreational classes they are already eligible to take, while their F-1 spouse is pursuing full-time studies.

 

Allow work authorization for spouses of certain H-1B holders.

 

DHS seeks to allow H-4 dependent spouses of principal H-1B visa holders to work while their H-1B spouse is awaiting approval of their application for lawful permanent residency.

 

Allow outstanding professors and researchers to present a broader scope of evidence demonstrating academic achievement.

 

This would expand the types of evidence employers can submit to USCIS to demonstrate the applicant is a leading professor/researcher in their field. Specifically, this initiative allows "comparable evidence" beyond the particular pieces of evidence currently listed by DHS. As a result, this new regulation would align the evidentiary standard for outstanding professors/researchers with the other exceptional ability visa categories.

 

Give E-3 and H-1B1 visa holders certain protections held by H-1B and L-1 visa holders.

 

DHS seeks to allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue employment with their current employer for up to 240 days after their authorized period of stay has expired as they wait adjudication of their petitions for extension of status.

 

 

Fairness for High-Skilled Immigrants
Act of 2011 (H.R. 3012)
 
Before this legislation, employment-based green cards for any single country were limited to 7% of the total number of green cards offered each year. This cap resulted in a significant backlog for applicants from high-demand countries like India and China, who end up having wait much longer for an available visa than applicants from other countries.
 
What is the effect of this legislation? This bill does not change the overall number of employment-based green cards, which stays at 140,000 a year, but it eliminates the 7% per-country numerical cap on the distribution of those visas by the year 2015. As a result, this bill creates a pure first-come first serve system where employment-based green cards are distributed in the order in which petitions are filed, regardless of the applicant's nationality. As of February 2012, this bill was passed by the House and is currently on the Senate calendar. If passed, it will substantially alleviate the backlog and shorten the wait times of hundreds of applicants.
Attestation Introduced by US Consulate in Hyderabad - for H-1B Beneficiary
 

US Consulate in Hyderabad have introduced new change for H1B Visa Stamping interview process. Please note, among increased scrutiny and often long waiting period to obtain an H-1B (and sometimes even H-4 for their dependents) visa stamp, a number of US-based IT consulting employees are understandably nervous about traveling abroad and attending the H-1B visa stamp interview.

 

The US Consulate in Hyderabad has started requiring certain H-1B applicants (most likely who would be working for IT consulting companies) to sign a notarized statement attesting to a number of facts in relation to their third-party client placement and employment.

 

H-1B Applicants in Hyderabad Must attest to the Terms of Their H-1B Employment: The attestation seems to require the H-1B worker to provide or confirm (under oath and under penalty of permanent bar on admission to the United States) a number of facts relating to the H-1B employment.

 

First, the H-1B worker must confirm that he or she has read the Wilberforce pamphlet which has been provided to them by the Consulate. The Wilberforce pamphlet is a document which is usually given out by U.S. Consulates to certain visa applicants informing them of their rights under the human trafficking and labor laws in the United States.

 

In addition, the H-1B workers must attest to key facts describing the employment - including name of end client, identities and contact information of supervisors, terms of employment and other facts describing the employer-employee relationship between the sponsor employer and the H-1B worker. Importantly, the H-1B worker submits the statement under oath and subject to a permanent ban on entering the U.S. for providing false information.

 

Since the information required in the attestation often comes from the H-1B sponsor employer, the fact that the H-1B worker has to attest to facts to which he/she may not have direct knowledge should cause an H-1B worker to pause and ensure that all information is correct before signing his or her name. It seems that the H-1B worker attestation introduced by the US Consulate in Hyderabad is a new approach in the H-1B visa stamping procedure - at least for Hyderabad.

 

Please contact our office at 804-360-8482 in Richmond or 919-380-4044 in North Carolina or send an email to info@challalaw.com and one of our knowledgeable staff will help you.

22 AUG 02India/China Employment Based Priority Dates:

For March 2012

 

China                           India

5th Pilot Programs                      C                                  C

First                                          C                                  C

Second                                      01 MAY 10                    01 MAY 10

Third                                         01 JAN 05                    22 AUG 02

Fourth                                       C                                  C

Fifth                                          C                                  C

OTHER Workers                                  22 APR03                               22 AUG 02

Religious Categories                          C                                             C

Targeted Employment Areas            C                                             C

 

If you would like to know about your case status, please call our office 8043608482 and ask your attending paralegal/attorney or email them directly or send an email to our office at info@challalaw.com and someone will be able to help you.

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
Proposed White House Initiatives to Retain and Attract Highly Skilled Immigrants

Fairness for High-Skilled Immigrants...Act of 2011

Attestation Introduced by US Consulate in Hyderabad - for H-1B Beneficiary

India/China...Employment Based Priority Dates:...For March 2012

Lakshmi Challa's Upcoming Events:  

 

Received the

John C. Kenny Pro Bono Award from Richmond Bar Assocaition

 

 

 

Challa Law Offices After Hours Drop Box   

 

For you convenience we now have this facility at our Richmond office. 

 

 

 

 Our Office Locations:

 

RICHMOND, VA:

5040 Sadler Place

Suite 200

Glen Allen, VA 23060

804-360-8482

  

VA BEACH, VA:

4445 Corporation Ln. Suite 291

Virginia Beach, VA 23462

800-913-4122

 

MORRISVILLE, NC:

5105 Grace Park Drive 
Morrisville, NC 27560

919-380-4044

 

 HYDERABAD INDIA:

Challa Legal Services Pvt. Ltd
401 Flora Apartments
Road Number 3
Banjara Hills
Hyderabad, AP. India

91 40 23352295/6

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