August 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

July 13, 2014 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08OCT09 22JAN09 C C
3rd 01APR11 01NOV08 08NOV03 01APR11 01JUN10
Other Workers 01APR11 22JUL05 08NOV03 01APR11 01JUN10
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C C C C C

July 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

June 17, 2014 Leave a comment
mployment- Based All Chargeability Areas Except Those Listed China – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JUL09 01SEP08 C C
3rd 01APR11 01OCT06 01NOV03 01APR11 01JAN09
Other Workers 01APR11 01JAN03 01NOV03 01APR11 01JAN09
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C C C C C

June 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

May 21, 2014 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed China – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 22MAY09 15NOV04 C C
3rd 01APR11 01OCT06 15OCT03 01APR11 01JAN08
Other Workers 01APR11 01JAN03 15OCT03 01APR11 01JAN08
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C C C C C

May 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

April 18, 2014 Leave a comment
Employment- Based

All Chargeability Areas Except Those Listed

China – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15APR09 15NOV04 C C
3rd 01OCT12 01OCT12 01OCT03 01OCT12 01NOV07
Other Workers 01OCT12 01OCT12 01OCT03 01OCT12 01NOV07
4th C C C C C
Certain Religious Workers C C C C C

5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs

C C C C C

April 2014 Visa Bulletin – Employment-Based Immigrant Visa Numbers

March 8, 2014 Leave a comment
Employment- Based All Chargeability Areas Except Those Listed China – mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08MAR09 15NOV04 C C
3rd 01OCT12 01OCT12 15SEP03 01OCT12 15JUN07
Other Workers 01OCT12 01OCT12 15SEP03 01OCT12 15JUN07
4th C C C C C
Certain Religious Workers C C C C C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs C C C C C

How to determine if your Company is an H-1B Dependent Employer

February 14, 2014 Leave a comment

An employer is considered H-1B dependent if it has in the U.S.:

(a) 25 or fewer full-time equivalent (“FTE”) employees and more than 7 H-1B employees;

(b) between 26 and 50 FTE employees and more than 12 H-1B employees; or

(c) at least 51 FTE employees and a number of H-1B employees equal to at least 15% of the employer’s FTE employees. In counting the number of FTE employees for this purpose, H-1B employees are included.

Unlawful Presence in the context of Appeal or MTR

February 14, 2014 Leave a comment

If an H-1B or an L-1 EOS (extension of Stay) or COS (Change of Status) has been denied by USCIS, ULP (Unlawful Presence) will start to accrue from the date of I-94 expiration. And if the individual was admitted for duration of status (such as an F-1 or J-1 individuals to H-1B type cases), ULP will begin to accrue on the day after the EOS/COS denial.

MTR-Specific: If the individual files an MTR (Motion to Reopen/Reconsider), the mere filing of the motion will not stop the accrual of ULP. However, if the motion is successful (i.e. reopened and approved) and the benefit is granted, the individual will be deemed to not have accrued ULP during the pendency of the motion. If the motion is successful but the benefit is still denied, ULP will only accrue from the date of the last denial, as long as the initial request was timely and non-frivolous.

Appeal-Specific: If there is denial of the underlying H or L petition, upon which an EOS/COS is based, is appealed to the Administrative Appeals Office, the mere filing of the appeal will not stop the accumulation of ULP. However, if the petition denial is reversed on appeal, and EOS/COS subsequently granted, no ULP will be deemed to have accrued between the denial of the petition and request for EOS/COS and the subsequent grant of the EOS/COS.

Thus, given that it is unpredictable what the outcome of a filed MTR or an appeal is going to be, whether they will be accepted or not, and because of the fact that ULP begins to accrue from the time of I-94 expiration in most cases, it is prudent that employees whose H or L has been denied consider leaving the U.S. upon being notified of such denial to avoid accruing ULP.

ULP in the US for more than 180 days and less than 365 days results in a three-year bar from reentering the U.S.  ULP of more than one year will result in a ten-year bar.  This is also commonly known as 3/10 year bar.

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