The USCIS has released an updated 2012 H-1B cap count which shows that 36,700 of the 65,000 regular H-1B work visas for professionals have been issued since becoming available April 1. At this rate, experts expect H-1B work visas will be exhausted by mid- to late-June. Professionals who wish to obtain H-1B work visas through employers and F-1 students on Optional Practical Training (OPT) should apply early before the visas are finished. New H-1B visas will not be available until April 1, 2013.

You can learn more about H-1B work visas by visiting our website at www.ImmigrateToday.com or calling our office at 954- 382-5378.

More international students eligible for 29 months on OPT
The Department of Homeland Security (DHS) recently announced that it has expanded the list of science, technology, engineering, and math (STEM) degree programs that qualify eligible graduates on student visas to work for up to 29 months on Optional Practical Training (OPT).

You can view a list of the newly added STEM degree programs by visiting our website at www.ImmigrateToday.com and clicking on Immigration Newsletter.

Question: I am currently on an L-1 visa through my company, which expires in September 2012. I filed for an extension of the L-1 recently, but because I don't have enough employees, the extension was denied. Do we have to leave and go back to Jamaica now or can we wait until the current L-1 visa expires? My wife and I live here in South Florida, own a home and have three young children in school and we are so worried. Is there any alternative for us?

Answer: That is a very good question. It is important to understand that when an individual is in the U.S. in legal immigration visa status, as long as an extension of the visa is filed before the current visa expires, a person is allowed to remain in the U.S. until the current visa expires. However, it is best to never wait until the last moment. There are usually several other visa options available, even as a temporary measure. The option to change to a B tourist visa temporarily is always available, which if properly filed allows an additional six month stay in the U.S. This usually gives time to explore other visa options. Also, changing to an F-1 student visa for the main visa holder or spouse also allows a person to extend their stay in the U.S. indefinitely while pursuing studies. You can also refile a new L-1, and, if you are from a qualifying country, an E-2 or another type of investment visa. Depending upon availability and timing, the H-1B work visa is also an alternative. This visa however does not begin until October 1 of each year, so it is not the best immediate option for those with visas expiring before October 1. However, individuals will often extend time in the U.S. through the B or F visa, then apply for the H-1B visa once they have safely extended their legal stay in the U.S. and are able to pursue other work visa options.You can find out more about L-1, E-2 and H-1B work visas by visiting our website at www.ImmigrateToday.com or calling (954) 382-5378.

Question: I am a naturalized U.S. citizen living in Jamaica for almost two years now because I have my fiancée here. Is it possible to lose my U.S. citizenship by living here in Jamaica for too long? How long am I allowed to stay outside America? Also, if I marry my fiancée and we move to the U.S., will she be able to move back to America with me? What is the process? Thanks.

Answer: Naturalized citizens have all the same rights and responsibilities as natural born U.S. citizens, so you can stay outside the U.S. as long as you like. U.S. citizens can only lose their citizenship by formally "renouncing" it. Regarding your fiancée, there are two options. If you marry, a spousal immigration petition must be filed and approved to begin the process of issuing an immigrant visa. It generally takes about six to12 months. Another option is to apply for a fiancée visa and bring your fiancée to the U.S. on a K-1 visa. Once in the U.S., you must marry within 90 days. Then her immigration case is filed and processed in the U.S. The process to bring her to the U.S. generally takes between five to eight months. However, any time a U.S. citizen is sponsoring a spouse, the U.S. citizen must be residing in the U.S. The fact that you are temporarily abroad now is fine. Once you file the immigration papers however, you'll need a U.S. address and be able to prove that you are employed and able to support her financially once she immigrates.

As presidential candidate Mitt Romney and the Republican party as a whole continue to attract criticism for "self-deporation" immigration policies, at least one Hispanic lawmaker is trying to win back immigrant community voters by proposing an alternative to the DREAM Act.

Senator Marco Rubio, who plans to introduce the bill in June, has not yet released details of his proposal, but says he is working on a compromise that would give undocumented youth brought to the U.S. as children by their parents a chance to "legitimize" without rewarding the breaking of laws. This newest conservative version of the DREAM Act would provide a "nonimmigrant" form of "legal status" to these immigrants so they can attend college, enroll in the military and work legally in the U.S., but would not provide a traditional green card. Critics say that this and other restrictive proposals seek to penalize innocent children when they are an invaluable asset to our country and deserve the right to pursue the American dream.