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Issue: 07 February/2008
Special Visa Alert
 

BANDER & ASSOCIATES IS READY TO PREPARE  H1-B APPLICATIONS; IMMEDIATE ACTION REQUIRED

 
2009 H1-B Visa Filing Deadline is April 1st, 2008
 
 

Bander & Associates has a team of experienced professionals ready to prepare the petition and supporting documentation required by U.S. Citizenship and Immigration Services (USCIS) for H-1B petitions in time to meet the April 1st filing deadline.  The H1B is a non-immigrant visa category allowing U.S. employers to seek temporary employment for skilled and professional foreigners who have the equivalent of a U.S. Bachelor's Degree education and who will be temporarily employed in a "specialty occupation".

 

A successful petition depends on the following:

1. A professional assessment of the applicant's qualifications and education to assure eligibility, followed by careful preparation of the petition and attachment of all necessary supporting documents.  The petition must be mailed to arrive on April 1st.  In 2007 USCIS received over 130,000 petitions(with only 65,000 available); stopped accepting them on April 2nd; and created a lottery to allow them to make a random selection from all those received by that date.  We urge you to contact us immediately to review your eligibility and maximize chances of selection.   

2. Submission of the correct documentation: evidence of a bachelor's degree (which in the case of a degree from a non-U.S. university might necessitate a U.S. Bachelor Degree Equivalency Evaluation Report, which requires additional time); a passport; complete information on the hiring company; and other critical information.

3. The ability of the employer to pay the prevailing wage.  While the evidence of the employer's ability to pay the salaries of its employees is not required documentation, it should be readily available should the immigration service request it.  To prevent a filing doomed for failure, Bander & Associates believes in reviewing the employer's (particularly start-up and brand fairly new employer's) documentation of its ability to pay before filing and submitting petitions.   

4. Determination of the correct filing fees and transfer of funds to cover them.    

Correct submission of the H1-B application petition requires skilled legal services to maneuver through the U.S. immigration process.  Bander & Associates has the necessary experience to direct your petition and to assure first that the H1-B is the best choice or to suggest an alternative method to obtain a work visa.  Please contact Michael Bander now at michael@bandervisa.com to set-up a consultation and to commence the petition process. 

 

PRIORITY DATE FOR EB3 ADVANCES
EB3 Priority Date for March is January 1, 2005

Effective March 1, 2008, the priority date for EB-3 immigrant visas (green cards) advances to January 1, 2005.  This advance permits an individual who has an approved or pending Form I-140 immigrant visa petition based on a labor certification with a priority date before January 1, 2005 to file for adjustment of status (unless the applicant was born in mainland China, India, or the Philippines).

All clients with an approved or pending Form I-140 based on a priority before January 1, 2005 can take advantage of this opportunity.  This is a second chance for many clients who missed the window to file for adjustment of status in July/August 2007.  It is expected that later in the fiscal year the priority date is likely to retrogress.

PROCESSING TIME DELAYS
 

Because of the large number of applications and petitions filed with USCIS in July and August, 2007, processing times have been delayed.  In particular, for the 1.4 million applications for naturalization filed between October, 2006 and September, 2007, the average processing time might take between 16 to 18 months to process. 

 

You can track your own application by visiting the USCIS website (www.uscis.gov) and creating and monitoring your own profile in their Case Status Online system.  There is a link to Case Status Online in the Related Links section of the website.    . 

 
We are always alert to opportunities to help individuals and families become legal US residents and citizens.  Please register to receive our Alerts by clicking the box on the left.  We also encourage you to visit www.bandervisa.com for information about Bander & Associates and our attorneys and staff. 
 
Sincerely,
 

Michael A. Bander
Bander & Associates, PA.
 
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