Talk about U.S. Immigration http://haranlaw.com/blog Immigration to U.S.A. and problems facing immigration Thu, 24 May 2012 17:14:32 +0000 http://wordpress.org/?v=2.9.2 en hourly 1 H1 receipt notices delayed http://haranlaw.com/blog/2012/05/24/h1-receipt-notices-delayed/ http://haranlaw.com/blog/2012/05/24/h1-receipt-notices-delayed/#comments Thu, 24 May 2012 17:12:45 +0000 Lalita Haran http://haranlaw.com/blog/?p=224 Receipt notices for Form I-129 will take longer to arrive, posts USCIS today. It would take about a month and in certain cases longer by two weeks. So, it would be six weeks to get the receipt of proper filing from the date the petition packet is delivered to USCIS. I am much saddened to hear this. The delay would cause much anxiety among the lawful foreign nationals seeking an extension or change of status.

Receipt notice, in many instances, works as an authorization to stay and/or work and at times provides a basis to renew the drivers’ license while waiting out the processing time for approval of application for change or extension of status.

H1B filing season started since April and the annual quota is fast depleting. The issuance delay is attributed to record number of I-129 filings. Well, H1B numbers are fixed ever since 2008 when the annual quota was reduced from 180,000 to the original 65,000 and the filing rush is well known too. The government assurance that issuance delay is only temporary gives some hope that the situation would improve. I hope that the government treats the issue of proof as an urgent need for all concerned foreign nationals and remedies the situation by offering prompt receipt notices.

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F1 students from Syria receive hardship consideration http://haranlaw.com/blog/2012/04/04/f1-students-from-syria-receive-hardship-consideration/ http://haranlaw.com/blog/2012/04/04/f1-students-from-syria-receive-hardship-consideration/#comments Wed, 04 Apr 2012 03:28:57 +0000 Lalita Haran http://haranlaw.com/blog/?p=221 Syrian citizens in F1 status are now eligible to benefit from relaxed rules permitting additional hours of employment and reduced course load requirements. Students who could show that thay are facing severe economic hardship due to civil strife in Syria can benefit from these changes.

The U.S. government comes to the rescue of these students in the wake of economic sanctions imposed by different countries on Syria which would strain Syrian economy. The changes are intended to alleviate the financial burden on the international students who may not get sufficient financial support from their home country due to economic crisis.

Students eligible to receive this benefit must be enrolled in SEVP approved schools in graduate and undergraduate programs and can accept on-campus and off-campus employment for additional hours. F1 students are required to take full time course load but the current changes would permit gaduate and undergraduate stdents to reduce course load who could even take online courses upto thee hours per semester provided ofcourse with prior authorization from the DSO who would place appropriate remarks on their SEVIS database.

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Visa Fee goes up soon! http://haranlaw.com/blog/2012/04/03/visa-fee-goes-up-soon/ http://haranlaw.com/blog/2012/04/03/visa-fee-goes-up-soon/#comments Tue, 03 Apr 2012 03:01:03 +0000 Lalita Haran http://haranlaw.com/blog/?p=219 Nonimmigrant visa fee is about to increase again. The government reasons that the proposed increase is to meet the cost of visa processing which must be recovered from the visa application fees.

As a result, the tourist visa application fee would be up by $20 while fee for many employment based nonimmigrant visa including H1B, O, P and R would rise by $40. The changes will be effective in 15 days and comes at a time of H1B filing season which also begins today. It is possible that the fee increase may have a negative influence on certain visa applications made at the U.S. Consulates abroad and the U.S. tourism industry may be further affected.

Immigrant visa fee for all categories will decrease so also the fee would come down for K visa for fiancee or spouse of a U.S. citizen and the treaty trader/ investor i.e. E visa.

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Indianapolis hosts Superbowl XLVI http://haranlaw.com/blog/2012/02/06/indianapolis-hosts-superbowl-xlvi/ http://haranlaw.com/blog/2012/02/06/indianapolis-hosts-superbowl-xlvi/#comments Mon, 06 Feb 2012 01:07:10 +0000 Lalita Haran http://haranlaw.com/blog/?p=217 It is super bowl Sunday and what an immigration lawyer is to do? Join the fun of course! Having watched the game on television with my family all the season I have become a football fan now. I heard that the down town Indianapolis has been bustling with activity for the entire week last week. The super bowl village in Indianapolis is much talked about and a visit to the arena was the right thing to do.

So, I visited the place and really the preparation for the Sunday event was amazing. Plenty of food, fun and music on the huge screens. The eye catching activity was the 800 ft. zip line ride from the super high tower. The artificial narrow turf under it was also nice site where children ran and rolled some even played football. The NFL experience allowed the visitors to kick, throw and catch the ball was really nice. I tried some and watched the rest with interest.

I know that preparation and publicity was well done and many who volunteered for the event came from outside Indianapolis. It was hard to believe that Capital avenue was closed for traffic and Indy downtown was busy and crowded even on weekday evenings. Everyone is pouring in from everywhere it appears because the Basket ball team from Oralndo, FL got no flight nor the hotels available reported the media.

Such is the craze for football in U.S.A.

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U.S. holds adoption of children from Vietnam http://haranlaw.com/blog/2012/02/06/u-s-holds-adoption-of-children-from-vietnam/ http://haranlaw.com/blog/2012/02/06/u-s-holds-adoption-of-children-from-vietnam/#comments Mon, 06 Feb 2012 00:22:05 +0000 Lalita Haran http://haranlaw.com/blog/?p=214 Inter country adoptions of children from Vietnam is placed on hold in United States now according to a news release from the USCIS. Earlier, U.S. parents were able to adopt Vietnamese children under a bilateral agreement between U.S. and Vietnam which expired on Sep. 1 2008.

Adoptions between the countries that participate in the International Adoption Convention at Hague must follow the guidelines prescribed by the Convention. United States signed the International Hague Adoption Convention on April 1, 2008 and Vietnam now participates in this Convention starting Feb. 1 2012.

The Hague Adotion Convention sets specific standards to be followed for the protection of adopted children and adoptive and original parents. The convention guidelines require that the U.S. Department of State (DOS) certify that the convention standards are complied with. According to the U.S. Citizenship and Immigration Services (USCIS) such certification at present is forthcoming from DOS regarding Vietnamese adoption and that in the absence of such a certification USCIS would not approve the immigration processing for vietnamese adopted children.

USCIS therefore cautions against filing applications for international adoption of children from Vietnam.

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Immigrant Visa Processing in India http://haranlaw.com/blog/2012/01/06/immigrant-visa-in-india/ http://haranlaw.com/blog/2012/01/06/immigrant-visa-in-india/#comments Fri, 06 Jan 2012 12:06:27 +0000 Lalita Haran http://haranlaw.com/blog/?p=209 The Chennai U.S. Consulate would no longer process immigrant visas. This announcement came from the Chennai Consulate General and is effective starting the 1st January 2012. Immigrant Visa (Green Card) applicantions would now be accepted and processed only at the U.S. Embassy in New Delhi and its Mumbai Consulate.

The Department of State is responsible for such changes and allocation of work between its office locations. The present applicants are advised to email the U.S. Consulate at Chennai at ChennaiIVU@state.gov on the processing of pending applications.

Immigrant visa allows the foreign national to live and work in the United States permanently. It is used largely by the qualified family members of U.S. citizens and permanent residents.

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H1B cap reached for 2012 Fiscal Year http://haranlaw.com/blog/2011/11/28/h1b-cap-reached-for-2012-fiscal-year/ http://haranlaw.com/blog/2011/11/28/h1b-cap-reached-for-2012-fiscal-year/#comments Mon, 28 Nov 2011 17:25:41 +0000 Lalita Haran http://haranlaw.com/blog/?p=207 H1B cap is reahed on 22nd November, 2011 for the Fiscal Year 2012. USCIS announced on 11/23/11 that it has received sufficient number of H1B petitions.

H1B petitions were last receipted on 11/22/11, reported USCIS and that commencing 11/23/11 USCIS would reject all new filings of cap subject H1Bs.

Masters Cap exemption, allotted at 20,000, was reached even earlier. Cap exempt H1Bs and extension applications for H1B status that were already counted in the Cap may still be filed.

This means U.S. employers no longer would be able to hire new H1B workers starting work this Fiscal Year. Free economy needs that employers be able to hire workers according to the business needs. Immigration Law must give employers this flexibility. It is neesssary to increase the H1B quota.

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Exchange visitor and student visa http://haranlaw.com/blog/2011/11/21/exchange-visitor-and-student-visa/ http://haranlaw.com/blog/2011/11/21/exchange-visitor-and-student-visa/#comments Mon, 21 Nov 2011 17:03:54 +0000 Lalita Haran http://haranlaw.com/blog/?p=200 Visa issuance for students and exchange visitor is resumed after a temporary halt for a week at all U.S. Consulates.

F, M and J visa issuance was temporarily stopped at all U.S. Embassies and Consulates. The issue apppears to be a technological glitch because of which Consulates were unable to verify data with the Students and Exchange Visitor Information System (SEVIS).

Foreign student admissions at U.S. educational institutions are required to be through the Student and Exchange Visitor Program (SEVP) also known as SEVIS. Schools admitting the foreign students and the Consulates issuing visa are required to timely update and verify student information before taking any action invloving foreign students. The interactive systems helps communication between schools and involved government agencies. A systems failure could make it impossible to verify student data with SEVIS.

Students may be delayed in joining the selected course program, DOS had cautioned earlier. The attending issues joining the course late may follow even after receiving student or exchange visitor visa.

Department of State, that controls the U.S. Consulates quoted its inability and had earlier suspended issuance of all F, M, and J visa. Fortunately, the systems failure was detected and fixed within days and government begins visa issuance.

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American Institutions of Research:Proposed changes http://haranlaw.com/blog/2011/10/26/american-institutions-of-researchproposed-changes/ http://haranlaw.com/blog/2011/10/26/american-institutions-of-researchproposed-changes/#comments Wed, 26 Oct 2011 18:32:01 +0000 Lalita Haran http://haranlaw.com/blog/?p=198 American Institutes of Research regulation are about to be changed. Public comments are being sought. Research Institution list may move hereafter from the 8 CFR 316.20 to the USCIS website.

The government seeks to standard procedures for an organization to be recognized as a research institute and also provide for inclusion of new institutions and removal of existing organizations from the list.

It is going to be more bureaucracy. The proposed changes would also require each listed institution to seek renewal every ten years, of its status as a research organization.

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EAD and Citizenship Certificate get a facelift http://haranlaw.com/blog/2011/10/25/ead-and-citizenship-certificate-get-a-facelift/ http://haranlaw.com/blog/2011/10/25/ead-and-citizenship-certificate-get-a-facelift/#comments Tue, 25 Oct 2011 19:14:18 +0000 Lalita Haran http://haranlaw.com/blog/?p=196 Employment authorization document and the certificate of citizenship are redesigned. New EADs are issued forthwith i.e. 10/25/11 and the new citizenship certificates are issued from 10/30/11. The change would prevent tampering and counterfeiting and would help quick detection of fraudulent documents, the government reports.

EADs in existence would be replaced by the redesigned EADs upon expiry. However, the older citizenship certificate issued so far would remain valid indefinitely. The new design would be incorporated in the certificates issued from now on.

Let us hope that every officer would know about the existence of different certificates in future. Permanent resident cards nowadays display an expiry date, following change in government policy, while previous green cards with no expiration dates remain valid. But, reports are frequent that travellers are questioned who provide the older green cards with no expiration dates.

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