Immigration questions and answers by Chaudhary Immigration Attorneys, licensed immigration attorney.
For services see WWW.CHAUDLAW.COM
H1B Lottery Done
USCIS completed its lottery.
Well, they done did it. USCIS completed a lottery to select which H1B visa petitions will be considered this year. This year there was no prior indication that a lottery would be conducted, as there had in previous years. We simply received the announcement this afternoon that it was done. Hopefully our office’s petitions will be selected. Here's the announcement if you'd like to read it. USCIS Completes H1B Cap Random Selection Process for FY19.
More later, but in honor of the lottery announcement, here's a song:
"How much for an H1B?" It’s been a while since my last blog post and for that I apologize. First off, happy new year! And what better way to kick off 2020 than a new H1B visa filing season! I’ve discussed a lot of H1B issues in the past, and first usually refer newcomers to my blog post providing the big picture H1B process, and what it means to employers and foreign nationals. Please do read my H1B Primer . “HOW MUCH FOR AN H1B?” Because I’m a solo practitioner, this is often the first question I get about the entire process. It always feels strange to me, as if the time and expertise needed for immigration application is less if one uses a solo attorney. More important, does the employee become less valuable depending on the price of the attorney? So when I’m posed with a question about fees right off the bat, I try to answer with another question: “On a scale of 1 to 10, how important is the H1B’s approval?” For foreign nationals who’ve just
Recently I received the following question: "Should I take my husband's name when my work permit is up for renewal? I am a current VAWA recipient. I got married this past April. I am wanting to take my husbands last name. Should I do that when my work permit is up for renewal? Also, I want to adjust my status. My husband is a US Citizen, how do we go about that?" Answer: To change your name, you were required to take your husband's name at the time of marriage on the marriage certificate. If you did not do so at that time, then you must make a motion to your local district court to have that changed. If you did indeed take your husbands name at that time, then you should use your new name for your permit renewal, and just include a copy of your marriage certificate or other document showing name change. If your work permit from VAWA is expiring soon, then I would recommend immediately filing for your one-step marriage green card. The EAD work permit th
Some questions have arisen as to whether the lottery for selecting FY 19 H1B petitions will be eliminated, given a recently proposed regulatory rule change. See this link: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AB71 The answer is no, at least according to the above proposed rule. Indeed, DHS is proposing to resurrect a proposed rule from 2011 that creates pre-H1B registration for employers. The idea is to select applications to consider by lottery, but before an employer puts in all the time, cost, and planning to submit the actual packet. With an up-front cap selection process, only those employers who have obtained a cap number would be required to submit the entire H1B Petition for a Nonimmigrant Worker, Form I-129. This idea has merit because, as mentioned, it’s take a LOT of time, planning, and cost to create a proper H1B petition. Small employers, or first-time petitioners often cannot afford the time to become familiar with