|
 Nandini
P Nair says that information regarding status of H1-B cap will
be released in January 2004
Dear readers, following is an update on the H1-B
cap:
In response to reports that the H1-B cap is almost
being exhausted, AILA-USCIS (American Immigration Lawyers Association-US
Citizen-ship and Immigration Servic-es) liaison chair Bob Deasy
contacted William R Yates, deputy director of Citizenship and Immigration
Services, for clarification. Here is an abstract of Yates’
reply:
“We are not near the cap at this time. We
will release information at the end of January regarding where we
stand and at that time will decide whether we need to notify customers
of a projected “cap date.” Of course, it is theoretically
possible that we could reach the cap by the end of the calendar
year but we would have to receive record levels of filings.…
I still believe that we will hit the cap this spring, but I won’t
be more specific until I see the numbers in January.”
The USCIS also anno-unced on December 1, 2003,
that it has begun accepting credit card payments for I-90 and I-765
electronic filings. Visa, MasterCard, American Express, and Discover
Card are accepted at this time, as are bank debit cards associated
with the listed credit card companies (indicated by the credit card
logo on the debit card).
I am interested in coming to the US on an
H1-B visa and establishing myself there. I am currently searching
for companies to sponsor me. I have heard that the H1-B cap has
increased from six years to seven years. Is this true?
—Prakash Rai
This is not really accurate, the H1-B cap has
not changed but remains at six years. However, some individuals
may qualify for extensions beyond the initial term of a total of
six years for H1-Bs, if they meet certain criteria of having filed
a labour certification or green card a minimum of one year before
requesting the H1-B extension or if they live and work only part
of the year on H1-B status in the US.
There was a lot of talk about L-1 no longer
being issued in India. I am a business manager for a consultancy
in Mumbai and we have a transcription office in New Jersey, where
we need to send a few employees on the L-1 visa. What should we
do, now that L-1 visa is reportedly no longer being issued?
—Sushen Jain
The consulates are issuing L-1 visa. They had
temporarily suspended processing of this visa due to some concerns
raised by the immigration inspectors at the port-of-entry. This
matter has been resolved and thus you can use the L-1 visa to transfer
your employees.
I am coming to the US on an H1-B visa. I have
just got married and would like to bring my wife on the H-4. She
is interested in attending school in the US for complete her Master’s
programme. Can she attend school if she is on H-4 status?
—Saurav Shastri
She can attend school if she is on H-4 status
but she is not eligible for financial aid or tuition waivers and
cannot work, even on-campus employment that is related to the programme
of study. Thus, you and she would have to pay for her tuition and
expenses all by yourselves. She may want to think about switching
to F-1 student status upon acceptance by a university.
Nandini P Nair is a US Immigration Attorney based
in New York, US. E-mail: dininair@aol.com
|
