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Nandini
P. Nair is a US Immigration Attorney based in Stamford, USA.
E-mail: dininair@aol.com
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Nandini
P Nair informs that more employers are now opting for premium
processing of H1-B visa by paying an additional fee
Dear
readers, an article that appeared recently in The Wall Street Journal
reported that the State Department is contemplating that all nonimmigrant
applicants be interviewed when applying for a visa at the US consulate.
The Department of State has not confirmed this report, nor given
any details of possible plans. However, I do foresee this as a strong
possibility.
In
addition, it is being reported by the BCIS (formerly INS) that regular
H1-B application processing is being delayed due to the fact that
more employers are using the premium processing programme. The premium
processing programme provides that the petition will be reviewed
in 15 days by paying an additional $1000. This could mean an approval
or, if the case is not sufficiently documented in the view of the
adjudicator, a Request for Evidence (RFE). In the case of an RFE,
the BCIS has an additional 15 days to process the case after receipt
of the additional documentation. If these guidelines are not met,
the $1,000 is supposed to be returned.
Thus,
if you are wondering why your case has not yet been reviewed, one
of the causes is the use of premium processing. Many US employers
are now converting regularly filed applications for H1-Bs and L-1
to premium processing, to solve the processing delays.
What
is the current processing for an H1-B? A company in Florida and
another organisation in California are processing my H1-Bs. I want
to know which one will be approved first, so that I can make some
plans.
—Mihir
Lal
If
the work site is in Florida, the INS Service Centre that is processing
your application is the Texas Service Centre.
They
are currently processing H1-B applications that were filed on or
before October 25, 2002. If the work site is in California, the
INS Service Centre at California will process your visa. They are
currently processing H1-B applications that were filed on or before
November 14, 2002.
What
rights do US citizens have that green card holders in the US do
not have? I am a green card holder in the US and I am wondering
whether there is any need for me to file for US citizenship?
—Sudha
Sharma
A
lawful permanent resident or a green card holder, is a person who
has the right to reside permanently and work in the United States.
Unlike a US citizen, however, a green card holder does not have
the right to vote and can be deported or removed from the country
if, for example, convicted of certain crimes. US citizens have ultimate
protection from removal.
I
am interested in pursuing a Master’s degree in Physics in the
United States. I have been told by my friends in the US that I will
probably have to take a test called TOEFL. Kindly explain.
—Sam
D’Mello
TOEFL
is the Test of English as a Foreign Language. It is an examination
that measures the ability of non-native speakers of English to use
and understand North American English.
The
test is administered by ETS (Educational Testing Servic-es), and
is offered throughout most regions of the world.
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