Immigration Visa Attorney Blog

We wanted to remind employers that the application window for H-1B visas for FY2013 opens on April 1, 2012. Those visas will have a start date of October 1, 2012.

Only new visas count towards the 65,000 "regular" cap. Petitions on behalf of those working for colleges and universities or related nonprofits are not affected by the cap.

It is difficult to predict when the caps will be reached on any given year, so please contact Sam Shihab & Associates, LLC if you have questions or would like to begin the application process.

The cap for FY2012 was reached November 22, 2011. The Masters cap (20,000) was hit in late October.

It is an exciting time for many foreign nationals living in the United States. During the last four months, the EB-2 priority dates for India and China have moved forward over two years. As a result, many employment-based immigrants have been able to file Applications for Adjustment of Status earlier than they ever expected. At times such as this, many forget about the possibility of Visa Bulletin retrogression, the "rolling back" of priority dates.

Visa Bulletin Retrogression is of particular concern for foreign nationals that are intending to or already are married. Spousal concerns can prevent or delay the filing of Adjustments of Status Applications. Such, when combined with Visa Bulletin retrogression can be devastating. As the Department of State has recently stated that Visa Bulletin retrogression is likely to occur soon (See HERE) we thought we would take the opportunity to discuss two common issues that face employment-based Adjustment of Status Applicants with regards to their families:

Delaying Adjustment of Status due to Impending Marriage

United States immigration law permits only pre-existing spouses to immigrate to the United States with the principal employment-based immigrant. That is, a couple must be married before the employment-based immigrant receives their green card. Thus, intending employment-based immigrants sometimes delay filing for Adjustment of Status until after they are married so that their new spouse can immigrate to the United States with them.

Continue reading "Visa Bulletin Retrogression: Consequences for Spouses" »

Mark Warner, a member of the United States Senate from Virginia, says he will look into concerns regarding recent H-1B denials to applicants from India.

Warner is the co-chair of the Senate India Caucus. This month he spent a week in the country as part of a Congressional delegation. During the trip Warner was informed that some Indian companies believe the percentage of H-1B visas denials in their country has been higher than other parts of the world.

Warner said that in response to the concerns he has recently introduced legislation which would examine the U.S. visa issue and take a look at providing green cards to foreign nationals who graduate from American universities and wish to work in the country.

Warner has said he's in favor of removing the caps on H-1B visas and introducing "additional opportunities for Indian H-1Bs."

Continue reading "US Senator To Look at Indian H-1B Denials" »