H-1B Work Visas All Gone for 2007!

The USCIS announced on June 1, 2006, that new H-1B visas for the fiscal 2007 (Oct 1, 2006 -Oct 1, 2007) were all used up as of  May 26, 2006. Any applications  received after that date will be returned. This is the earliest that the H-1B quota has ever been reached in history: less than two months after the agency started accepting petitions and more than four months before the fiscal year even begins. Remember that those who already  have H-1B visas are not subject to this cut-off when extensions or change of employer applications are filed. The lesson is - file early!

15-day Premium Processing for I-140s, I-539s, I-765 Will Begin Soon

The  USCIS intends to extend premium processing to certain I-140 categories, I-765’s and I-539’s. However, there has been no date announced yet, though experts expect it to begin within several months. This means that for a premium processing fee of $1,000 these petitions can be processed in 15 days, rather than the normal 6 to 12 months required for an I-140, 90 to120 days for an I-765 for Work Authorization, and 90 to 180 days for the I-539. I will keep you updated once the program begins.

THIS WEEK’S IMMIGRATION TIP:

With passage of the Senate’s Immigration Reform Bill last week, my office has been overwhelmed with clients wanting to  apply for the new law. Now of course, my staff and I explain to people that there is “NO NEW LAW” and that there is a rocky road ahead for the Senate (with the good immigration Bill just passed, which is not a law) and the House (with the bad immigration Bill it passed 12/05, which is also not a law) to get together and produce one Bill that both sides agree on, which will go to the President for signature and them become a real LAW. Immigration experts say the chances of that are slim and it is more likely that the House republicans will be so stubborn and not give in on any legalization, that Immigration Reform may die again this year. Even with that said, I still have high hopes!  But, I  know that all this constant focus from the news reports and television incorrectly stating that a new law has passed, there will be those who will rush over to their local immigration paralegal service or attorney to apply and lose a lot to money doing so. There is a lot of potential for people to be take advantage of and lose lots of money in these circumstances - giving money and getting nothing. So, as always, I advise you to just relax, be patient, wait until a real law passes and then, once there is something solid to apply for you may safely apply. We are likely looking at at least another few months before we will know. In the meantime, my advice to you and all my clients nervously waiting, is to get your documents in order. Locate your I-94 Arrival Departure card - that is the GOLD your whole case may rest on because it is proof of when you entered the U.S. ! If you cannot find it, you must order a replacement immediately, as it could take up to 4 months to get. Also, before you can even apply for a replacement, you must know the EXACT date you entered the U.S. in order for the USCIS to process the duplicate. If you don’t know, find out now.  Find copies of any old immigration documents you have for any type of immigration visa you may have applied for in the past. Since any new law passed may include the provision to prove you were working, I also suggest that if you do not have 5 yrs of tax returns, go back in your records and find evidence of your employment for as far back as you can. This may included copies of paystubs from various employers, bank statements showing cash deposits to your account from your regular wages received in cash, etc. If a new law passes that is close the Senate version, it would likely have a provision for you to be able to go back and file tax returns and pay back taxes, so it would be good now to determine what that income was, if you do not already have tax returns to show it. I’ll update you on how the compromise between the House and Senate is going when they convene.