9
Aug/100

US Education and H1B

Ability to Attend School in H1B / H-4 or Other Status
One does not have to be an F-1 student to attend school in the United States. H1B workers can attend school, provided they continue in their H1B employment. The guidance on this is quite old and simply states that the H1B employment must be the primary reason for being in the United States.
Thus, the general practice is for an individual to work full time in H1B status, and attend school on a part-time basis. H-4 spouses and children can attend school on a full- or part-time basis. The same rules hold for most other nonimmigrant statuses, with the exception of F-2s.
Individuals with pending adjustment-of-status (I-485) cases can also attend school. The primary applicants in employment-based I-485 cases also need to have a valid qualifying job offer, in addition to any educational pursuits.
Here are some  little known facts about going back to school and the H1B status

Q: Can one go back to study/Attend School while on H1B / H-4 or Other Status ?
Generally  one needs a F-1 to attend school. But once you are in the US on some other status, you may be able to attend school.  H1B visa holders can attend school, provided they continue in their H1B employment.
Generally an individual may work full time in H1B status, and attend school on a part-time basis. In addition:
  • H-4 spouses and defendant children  can attend school on a full- or part-time basis.
  • The same rules hold for most other nonimmigrant statuses, with the exception of F-2s.
  • Individuals with pending adjustment-of-status (I-485) cases can also attend school.
Q: Can i use my gained Education while Working with GC Employer  to assist in my LC?
In the PERM labor certification (PERM / LC) context, there is an issue with respect to education gained while working for the sponsoring employer. It may not be possible to  use education gained while working with one’s employer as a requirement for an employer-sponsored position in a PERM / LC case.
The labor certification case must be based upon the employer’s actual minimum education and/or experience requirements for the position. If an individual was hired prior to obtaining a certain degree, then that degree normally would not be regarded as a minimum requirement for the job.
Q: Is Employer-Paid Education a Problem for GC Sponsorship ?
The PERM application asks whether the employer paid for any of the beneficiary’s education or training that is necessary to satisfy the employer’s job requirements for the position. If the answer to this question is yes, the employer must be offering similar training to domestic applicants for that particular position.So, normally, it will not be possible to utilize education paid for by the sponsoring employer as a requirement for the offered position in a PERM / LC.
Source: Advice materials from attorney Shela murthy
Filed under: Advice, Green card, H1B
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26
Mar/081

H1B visa cap in April 1st 2008

Update: Both the 20,000 and General Cap met by application date.

The USCIS issued a final rule for the H1B selection process for FY 2009.

(i) Multiple H1B Filings for an Employee by same employer prohibited, but an individual may be the beneficiary of multiple petitions filed by different companies.

(ii)The first 20,000 H1B petitions received for foreign nationals who have a U.S. master’s or higher degree are exempt from the regular 65,000 H1B cap.

(ii) If both the 20,000 and 65,000 caps are reached in the first five business days of filing, there will first be a lottery of the cases requesting the advance degree cap, then a lottery of all remaining cases.

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22
Sep/070

When home-based income generation activities is a status violation

What is Unauthorized Employment?
Working without DHS authorization is considered a violation of status for those in immigrant status that require such authorization, e.g. F1, H1. It is not necessary to work for an existing organization or business as an employee in order to be considered engaged in unauthorized employment. When one establishes a business, even on a part-time basis from home, s/he is considered to be working. This is the case even for passive involvement, e.g. internet-based businesses (data entry, web based businesses) and certain multi-level marketing operations.

Who are affected by this situation?
Non-immigrant status holders who are required to obtain DHS ( formerly INS) authorization before taking any employment. Those immigrants with such status who desire to earn extra mbecha (money).

What are the tricky areas?

  • home-based businesses
  • Internet based businesses
  • some multi-level marketing schemes.
Filed under: H1B, Immigration procedures, USA
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17
Jul/070

USCIS now Allows EB I-485 Filings through Aug 17, 2007

NewsFlash! USCIS now Allows EB I-485 Filings through Aug 17, 2007

The U.S. Department of State (DOS) issued the August 2007 Visa Bulletin late this afternoon (July 17, 2007), showing “unavailability” in all the employment-based (EB) categories. The DOS also confirmed that it is withdrawing the July 2, 2007 revised Visa Bulletin, so that the original July 2007 Visa Bulletin remains in effect, showing availability for all EB applicants to file the I-485s in July, except for the narrow category of “other workers.” The original July Visa Bulletin of June 12, 2007, however, would have given only until July 31, 2007 to file I-485 cases with the USCIS.

Shortly after the DOS issuance of the August Visa Bulletin, the USCIS released an announcement that a revised procedure would accept I-485 Adjustment of Status applications received not later than Friday, August 17, 2007. The full text of the USCIS announcement is available at http://www.murthy.com/uscis_update.pdf. The USCIS announcement also stated that EB I-485 applications already properly filed at the USCIS would be accepted and that the current filing fees for all eligible July 2007 EB cases would remain in effect through August 17, 2007.

Filed under: Green card, H1B, JOBS, USA
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16
Jul/071

For those seeking Work based green Card, a petition to DHS on I-485 rejections

Sign a petition at http://www.immigrantslist.org/Chertoff

It calls on Secretary Chertoff regarding the Department of Homeland Security’s decision to reject I-485 adjustment of status applications.

We need to make sure he knows that this is unacceptable! Please join me by signing this petition:

http://www.immigrantslist.org/Chertoff

Filed under: Green card, H1B, USA
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10
Jul/070

Tip: Jobs in the USA: consider IT

Continued economic growth and IT expansion, the impending retirement of baby boomers and an insufficient supply of skilled workers have caused a worldwide technology talent shortage that is expected to intensify over the next decade.

In an economy that continues to add jobs, companies of all sizes are having difficulty recruiting and retaining highly skilled IT candidates. Seventeen percent of the more than 1,400 CIOs interviewed for the Robert Half Technology IT Hiring Index and Skills Report said they plan to add full-time IT staff in the third quarter of 2007, while only 2% said they anticipate personnel reductions. The net 15% hiring increase is the biggest since the fourth quarter of 2001.

On top of that, some 64 million baby boomers, or more than 40% of the U.S. workforce, are quickly approaching retirement age. Meanwhile, fewer college students are choosing to major in computer science, engineering and mathematics to refill the ranks.

Employers are especially hard-pressed to find and retain workers with skills that can’t be obtained through a quick certification course or a couple of years on the job — such as the ability to think strategically, lead projects, manage teams and mentor less-experienced staff. In response, smart companies are turning to consultants and project professionals.

Source: ComputerWorld

Filed under: Advice, H1B, JOBS, USA
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3
May/070

Status Options for Athletes : O & P

There are two visa options for athletes. The O-1 and P-1. The P-1 option, which is often viable for those athletes or athletic teams that do not meet the O-1, extraordinary ability, standards or who may otherwise benefit by the P-1.

P Status for Athletes

Athletes who cannot qualify under the extraordinary ability standard for the O-1 category may be eligible for a P-1 status or visa. Unlike an O-1, an individual athlete, his or her support team, or even an entire athletic team may qualify for this category. This category was expanded in 2006.

Filed under: H1B, USA
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23
Mar/070

FY 2008 H1B Cap and Lottery issues

H1B petitions for the FY 2008 H1B cap, which is to begin on October 1, 2007, can be filed six months in advance (i.e. April 1, 2007). Since April 1st 2007 falls on a Sunday, all petitions received on both Saturday, March 31st, and Monday, April 2nd will be treated as if they were filed on April 2nd, 2007,and if the cases received on March 31st and April 2nd are sufficient to meet the H1B cap, then a lottery is entered into.

If the cap is reached on April 2nd, the lottery determine which cases will receive one of the limited cap numbers. Normally, a lottery consists only of the cases filed on the last filing day. Under the USCIS regulations, however, if the cap is reached on the first day of filing, the random lottery will apply to all petitions received on the first and the second days of filing( April 2nd and April 3rd). Of those petitions, the ones selected in the random lottery will be accepted for processing .

Filed under: H1B
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