Archive for April, 2011

Visa: Authority of Consular Officer to Revocate Visa

April 28, 2011 Leave a comment

A new rule was passed on April 27th 2011, by the Department of State broadening the power of consular officer to revocate or provisionally revocate visa. The changes in the rule extend the power of the consulate to the fully extent allowed by Section 41.122. After the change, consular officer may revoke visa at ANY TIME subsequent to issuance of visa. The revised Section 41.122(a) reads:

(a) Grounds for revocation by consular officers. A consular officer, the Secretary, or a Department official to whom the Secretary has delegated this authority is authorized to revoke a nonimmigrant visa at any time, in his or her discretion.

Futhermore, according Section 41.122(c), notice does not need to be given to alien whom visa was issued, “once the revocation has
been entered into the Department’s Consular Lookout and Support System (CLASS), the visa is no longer to be considered valid for travel to the United States.”

Categories: Visa Tags: , ,

Excerpt From Interview By Maria Prato

April 27, 2011 Leave a comment

A couple weeks back, I was interviewed by Maria Prato of Home News Tribune. Below is an excerpt from that interview:

“For a few, having the right to cast a ballot or the opportunity to travel is all the persuasion they need to evolve from permanent resident status to citizen, said Marco Son, a partner at the Iselin law firm of Son and Keum, which spe­cializes in immigration law. But for many of Son’s clients, citizenship means they no longer have to fear deportation or losing their status of permanent resi­dency, which can result from something as simple as committing a misde­meanor. Citizenship is also a means to sponsor other family members who are looking to permanently live on U.S. soil, he said.”

Since that interview, I had been wondering what are the reason immigrants apply for citizenship. I have set up a poll and is interested in your view and opinion as to why immigrants would want to become citizen.

Visa: Can Employee Stay In US While H1B Extension Is Pending?

April 26, 2011 1 comment

H1B employee may continue to work and stay in US for a period of 240 days while H1B extenstion is pending.

A federal judge in Connecticut ruled that government may not arrest H1B employee who have timely filed extension application and status is pending. The decision in El Badrawi v. United States, by U.S. District Judge Janet C. Hall, recognize that “work authorization is part and parcel of their authorization to be in the country, not a separate matter.” This decision clarifies 8 C.F.R. § 274a.12(b)(20) not only provide work authorization but also makes it legal for employee to stay in US for period no longer than 240 days while extension is pending. In their brief in support of Mr. Badrawi, AMERICAN IMMIGRATION COUNCIL (AIC) and THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION (AILA), argued that “a policy that allowed DHS to arrest, detain, and initiate removal proceedings against an H-1B beneficiary during the processing period for a timely filed, pending extension request would have devastating consequences for companies that depend on these employees.”

Visa: H1B Cap (Fiscal Year 2012)

April 19, 2011 3 comments

As of April 15th 2011, USCIS received 7,100 petitions for regular cap and 5,100 for master’s exception for the fiscal year of 2012. These figures represent a decrease as compared to last year. For the fiscal year of 2011 (last year), the cap was filled in January 2011. The USCIS will continue to accept FY2012 H-1B cap cases until the quota is met. This post will be periodically updated to reflect the up-to-date information on the cap.

FY 2012 H-1B Cap Count (UPDATED 08/25/2011!!!)

Cap Type  Cap Amount  Cap Eligible Petitions  Date of Last Count
H-1B Regular Cap 65,000 32,200 09/09/2011
H-1B Master’s Exemption 20,000 16,700 09/09/2011

Green Card Through Family: Petitioning for Sibling (California Process Center)

April 19, 2011 2 comments

In a phone conversation with an USCIS customer service representative, I was notified that due to the large amount of backlog of I-130 in the California process center, there will be very little progress made to Green Card petition filed for siblings in the California process center. So if you filed a petition for your brother or sister in the California process center, do not be TOO concern if the status of your case is stuck at initial review. When the petition is processed, the “priority date” of the petition will be backdated and will reflect when the application is submitted, hence the backlog in the process center should not affect the time it will take to receive green card.

Green Card: Approval Rate of EB1 and EB2

April 14, 2011 Leave a comment

As one can imagine, EB1 with its higher level of scrutiny has a much lower rate of acceptance than EB2. It may also be surprising how high the acceptance rate for EB2 visa actually is (around 90%). Another interesting stat to note is the sharp decrease in the number of application submitted in 2010. Below are the statistics published by USCIS on Feb. 28 2011 (E-11 is EB1 visa and E-12 is EB2 visa:

Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010

Fiscal Year Approvals Denials Approval Rate Denial Rate
2005 791 647 55% 45%
2006 1,646 1,032 61% 39%
2007 2,236 2,313 49% 51%
2008 2,329 2,667 47% 53%
2009 4,337 3,053 59% 41%
2010 3,200 1,998 62% 38%

Table B: I-140 E-12 Approval/Denial by Fiscal Year 2005 to 2010

Fiscal Year Approvals Denials Approval Rate Denial Rate
2005 5,042 340 94% 6%
2006 2,991 146 95% 5%
2007 2,459 283 90% 10%
2008 2,148 172 93% 7%
2009 3,893 300 93% 7%
2010 3,140 306 91% 9%

Visa: How Long Can You Stay?

April 13, 2011 1 comment

The question of how long one can stay in the US is often confusing. One of the reason for the misunderstanding is due to the confusion as to which document reflects the allowed period of stay in US. To travel to the US, most non-immigrants would need to apply for a visa. On the visa there would be an expiration date of the visa. Alot of travellers believe this date reflects the length of stay allowed for that particular visa. This is incorrect.

When a non-immigrant enter the US, s/he will have to fill out a I-94 form at the port of entry. The immigration officer at the port of entry will review the I-94 and the visa, and determine the length of stay. Therefore, to determine one’s legal length of stay in the US, one should review the date stamped on the I-94 given at the time of entry and not the visa itself.

On the same note, getting a visa DOES NOT guarantee entry into the US. Any visa only gives one the right to travel to the port of entry, the actual determination as to whether one is allowed to enter US or not is made by the immigration officer at the port of entry.

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