Watson Law Offices Newsletter
March 2013
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New Two-Page Form I-9 Released
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The Form I-9, which was first introduced in 1986, has historically been a one-page form. For the first time, the I-9 will be a two-page form.A few sections have changed on the new, expanded I-9. Section 1, for example, now requests additional contact information from employees, as well as detailed information about aliens authorized to work in the United States and their entry into the U.S. In Section 2, employers have been provided with additional space to write in document information and more instructions regarding where information should be listed.
If you have any questions about your company's I-9 records, please feel free to contact the office to discuss our self-audit and training services.
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| H-1B Filing Window Opens April 1st | |  Thinking about filing an H-1B petition for your employee in FY 2014?
Now is the time to start! U.S. Citizenship and Immigration Services will begin accepting H-1B Cap Petitions on April 1, 2013.
We encourage all clients who wish to sponsor an H-1B worker in the FY 2014 Cap to file as soon as possible. We recommend that all new H-1B petitions be sent out to USCIS on Friday, March 29th to ensure an April 1st delivery.
If you are an employer interested in hiring a foreign worker under the FY 2014 H-1B Cap, now is the time to contact us! |
March 2013 Visa Bulletin
| |  The U.S. Department of State has published the latest Visa Availability dates for March 2013.
Most categories have advanced. EB-2 India remains at September 1, 2004. This category has not advanced since October 2012.
Watson Law Offices Summary of the March 2013 Visa Bulletin |
Question of the Month
| | If you have a question you'd like answered in our newsletter, please email it to us and we'll try to answer it here.
Question: My employer is applying for an H-1B on my behalf, but my OPT is expiring this summer. What should I do?
Answer: After graduation, F-1 students are granted a period of work authorization known as Optional Practical Training, or OPT. It sometimes happens that students find themselves running out of time on their OPT before they are allowed to change status to an H-1B on October 1st. This is called the "cap gap."
USCIS has permanently authorized a "cap gap" extension to allow these students to remain in the U.S. and continue to work for the petitioning employer.
In order to qualify for the "cap gap," your employer must file an H-1B petition - with a request to change status from F-1 to H-1B - prior to the expiration date of your OPT work authorization. The petition must be receipted by USCIS before the H-1B cap is exhausted, so it is a good idea to file this petition as close to April 1st as possible, even if your OPT is valid for longer. If your petition is rejected, you will not be covered under the cap gap and will need to leave the country within the standard 60 day grace period.
Once you receive a Receipt Notice for your H-1B petition, you should bring the Notice to your Designated School Official and they will issue you an I-20 showing the cap gap extension. Your cap gap extension will continue after your petition is approved, as well.
If your H-1B petition is rejected, revoked, or denied, your cap gap extension will immediately be invalidated. You will need to leave the country within the standard 60 day grace period.
You should not travel during a cap gap extension. If you travel outside of the U.S. during this extension, you will be unable to return until October. You will need to wait outside of the U.S. and obtain a new H-1B visa stamp prior to entering the U.S.
If you have specific questions about whether or not the cap gap applies to your case, please contact your immigration attorney or your Designated School Official.
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This is an effort on our part to reach out to our larger community of friends, colleagues, current and former clients and anyone interested in Immigration Law. We expect there will be a strong push to make changes to existing Immigration Laws in the coming months and years, and we will try to keep our subscribers informed not only as to what changes are taking place, but how they are likely to impact everyone.
We welcome your input on what we should include, and how we should present this information. Please let us know what you think and what you would like to see. Also, please share this email with anyone whom you think would be interested in and benefit from this information.
THANK YOU!
Sincerely,
ROY J. WATSON, JR.
Watson Law Offices
142 Great Road
Bedford, MA 01730
rjw@watson-law.com
(781)533-7700 |
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Free Immigration
Consultation
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Watson Law Offices will waive our standard consultation fee for individuals and businesses who have been referred by an existing or former client. When referring a friend, family member, or colleague, please ask them to mention your name, so that we can thank you for your referral.
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The information you obtain in this newsletter is not, nor is it intended to be, legal advice, and persons receiving this information should not act on it without consulting professional legal counsel. We invite you to contact us and welcome your calls, letters and electronic mail.
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