|
|
Question of the Month | |
Q. I have an H-1B visa and I plan to travel during the holidays. Can I return to the U.S. with a passport that expires about 4 months after I return?
A. Yes, you can return to the U.S with an unexpired passport and H-1B visa. However, if your passport expires less than six months from the date of your return, you will receive an I-94 that expires on the date of your passport, even if your H-1B approval does not expire for another two years. To avoid this situation, renew your passport before your travel, if possible.
Also, if your I-797 H-1B approval expires after your H-1B visa, be sure to show the approval notice to the airport official so you can get an I-94 that matches the ending date of your approval notice.
To submit a question to the Badmus' attorneys, click here and read the disclaimer and privacy notices before submitting your question. | |
|
| Subscribe Here! |
 | |
|
Greetings!
Continuing with our "12 Critical Immigration Mistakes Physicians Must Avoid" advisory, this issue includes MISTAKE #9 - Starting the Green Card Process Too Late.and MISTAKE #10 - Failing to Get a Second Opinion. Do take the time to read this information and pass it on.
Also, and as always, in this issue we include important news and information to keep you up to date on J1, H1B, green card options and other immigration matters so you can stay on top of your immigration process. Happy Thanksgiving!
Angela M. Lopez
Badmus Law Firm |
|
12 Critical Immigration Mistakes Physicians Must Avoid - Part 9 and 10
|
Mistake #9 - Starting the green card process too late. The process of obtaining green card status can be arduous and can take several years. On the other hand, in some cases, the process can be as short as one to two years. It all depends upon the government's resources and ability to process applications and the availability of immigrant visas (green card) in any given year. The sooner you start the process, however, the less likely you will be subject to changes in law that can negatively affect your ability to get a green card. Always start the immigration ("green card") process as soon as you have a qualifying job. For J-1 waiver physicians, it is a mistake to assume that you must complete the J-1 waiver 3 years of service requirement before starting the green card process. Start as soon as you and/or your employer is able.
Mistake #10 - Relying solely upon your employer's immigration attorney. Get a second opinion. In general, attorneys look after their clients' best interest when representing them on any legal matters. The same applies to immigration attorneys , except when thee is dual representation. Dual representation exists when an attorney represents all parties best interests at all times and, under no circumstance, must give legal advice to a party against the best interests of the other. For example, there is dual representation when an immigration attorney assists the physician and his employer in obtaining the J-1 visa waiver and the H-1B visa. Also, there may be dual representation when the attorney works with the physician and the employer in processing a green card based on a Labor Certification. When a conflict of interest arises in this context, the attorney may be required to remove herself from the process and refer the parties to independent counsel for legal advice.
For further information or for answers to specific immigation questions that affect you, you are invited to call or email us at 469-916-7900, immigration@badmuslaw.com. |
|
J-1 Waiver Update! | |
Since October 1, 2010, most states have been accepting J-1 Visa Waiver Applications for Conrad State 30 Programs for fiscal year (2010-2011). Currently, some Conrad State 30 Programs have filled all their slots and are closed, and others have deadlines that have passed so they are not accepting J1 Visa Waiver Applications at this time, but may re-open later. Most others are open and will continue to accept J1 Visa Waiver Applications until all their 30 slots are filled.
For the status of each state's waiver program, click here.
|
|
H-1B Cap Count Update - FY 2011
Visa Still Available but Going Fast! | |
The U.S. Citizenship and Immigration Service (USCIS) has updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions. As of November 19, 2010, approximately 48,977 H-1B cap-subject petitions were receipted. CIS has receipted 17,836 H-1B petitions for aliens with advanced degrees.
Click here to read more....
For H-1B physicians graduating in July 2011 and their potential employers, there's still time to capture one of these slots but fast action is needed. For more information about H-1B visas or other work visas or fast and expert assistance with an H1-B petition, you are invited to contact us at 469-916-7900 or immigration@badmuslaw.com.
|
|
CIS Fee Increase Effective November 23, 2010 |
USCIS reminds customers that its new fee schedule goes into effect November 23rd, 2010. Applications or petitions postmarked or otherwise filed on or after this date must include the new fee, or they will be rejected. USCIS published the new fee schedule in the Federal Register on September 24th, following a comprehensive review of public comments received after publication of the proposed rule this summer. The new fee schedule increases application and petition fees by an average of about 10 percent but does not increase the naturalization application fee. To see the new fee schedule, click here. |
|
Green Card Availability |
U.S. immigration law imposes a worldwide limit to the number of immigrant visas (green cards) given out each year. If more people from a country apply than there are available visas, there will be a shortage of visas and the US State Department will set up a waiting list of people. The list is kept in Priority Date order with the earliest Priority Date at the top of the list. The Priority Date is usually the date the immigration petition was received by the United State Citizenship & Immigration Service (USCIS) or the date the application for labor certification was received by the U.S. Department of Labor.
The Department of State (DOS) maintains the "waiting list" for family and employment-based green cards and publishes the status of the waiting list monthly through its visa bulletin.
Physicians are generally included in the employment-based second preference category (EB-2) because they hold advanced degrees. For most physicians, green cards are available and there is no "queue." However, physicians born in India or China must wait many years for a green card because of the high immigration rate of nationals from those countries. This is commonly called "visa retrogression."
EB1 - all current
EB2 - all current, except China (8 JUNE 06) and India (08 MAY 06) EB3 - all 22 FEB 05, except China (8 DEC 03), India (22 JAN 02), and Mexico is (1 JULY 02)
Are you a physician or researcher born in India or China? You are invited to contact Badmus Law Firm to evaluate whether you can fast track your green card process despite the EB-2 visa retrogression. Call or email 469-916-7900 or immigration@badmuslaw.com.
|
|
Thank You! |
Thank you for recommending your friends and colleagues to us! To help your friends or colleagues learn the true facts about immigration, please forward this newsletter and invite them to contact us.
The information in this newsletter has been provided as an educational service. If you have specific questions or issues related to immigration, you are invited to call us at 469-916-7900 or email me at alopez@badmuslaw.com. Until next time, Angela M. Lopez Attorney Badmus Law Firm
|
|
NOTE: Immigration law changes frequently. The resources and information provided in this newsletter are intended to help you understand basic issues involved in the immigration process, and are offered only for general informational and educational purposes. This information is not offered as, nor does it constitute legal advice or legal opinions. Although we strive to keep this information current, we neither promise nor guarantee that the information is the latest available, or that it applies to your specific situation. You should not act or rely upon the information in these articles without seeking the advice of an attorney. To consult with Badmus Law Firm regarding your case, click here.
|
|
|
|
|
