FY13 H1B Cap Season Has Begun!

FY13 H1B Cap Filings Began April2, 2012

The fiscal year 2013 (FY13) H1B cap-filing season began last week. April 2, 2012 was the first day for such filings at the U.S. Citizenship and Immigration Services (USCIS).  Chaudhary Law Office is currently helping many clients with H1B cap filings, and will continue to accept cap-subject H1B cases throughout the cap season. As of this writing, the USCIS has not posted a cap count. However, they have indicated that the rate of filings is significantly higher than in FY12.

Employment Start Date: October 1, 2012

The earliest allowable start date for employment on a cap-subject H1B petition is October 1, 2012, which is the first day of the fiscal year. While cases can be filed up to six months in advance of this date, the validity date cannot be prior to October 1st. Employment before October 1st, based upon such a filing, is not permissible even if the case is approved earlier. Many of these cases will be approved at least several months prior to October 1st, but the validity dates are always clearly stated on the approval.

File Timely and at the Earliest Opportunity

The USCIS will accept cap-subject H1B petitions until there are no more cap numbers. However, it is impossible to predict, with any level of precision, when the cap will be reached. The FY12 cap was reached on November 22, 2011. While it would be surprising if the cap limit was reached very early in the filing season, there are indications that improvements in the economy will lead to a higher volume of filing than in FY12. In a teleconference held April 5, 2012, the USCIS reported that the filings in the first three days of the cap season were more than double the number of such filings received in the same timeframe in FY12.

Employers should take time to identify current employees for whom a cap-subject H1B petition is needed for continued employment. These may be students working on OPT, or L1B or L-2 workers. Employers should also take the cap timing into consideration if they are planning to hire additional employees in the near future.

Tracking H1B Cap Filings

The rate of cap usage and the current cap count are important to many of Chaudhary Law Office’s clients. We therefore closely monitor these matters and enable our readers to keep track of the cap each year, with timely, updated cap-count information and other valuable, strategic information to equip them in their planning.

Do I Need an H1B Cap Number?

The workings of the H1B cap can be somewhat confusing. One may wrongly assume that a cap number is required for an H1B case, particularly if a prior H1B has expired or been denied. If the matter is not clear, individuals may choose to schedule an appointment to consult with our office.

Conclusion

Each cap season brings with it some surprises. In FY12, the cap was reached two months earlier than in the previous fiscal year. The cap count was fairly low early in the season, but the pace increased rapidly at the end. For FY13, the USCIS has reported receipt of far more cases in the first few days than in FY12. There is no way to know if the filings will continue at an accelerated pace.

Contact Us From Anywhere in the U.S.
Satveer Chaudhary
Chaudhary Law Office, PLLC

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.chaudharylawoffice.com

www.sportsmanlawyers.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years, Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case.At Chaudhary Law Office, our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Practicing in the areas of  Immigration Law, Wills, Divorce, Family Law, Small Business and Criminal Law, we provide free intial consultations to all our clients.

In 2004  Satveer Chaudhary was named the University of Minnesota Law School Alumni of the Year. He was also awarded the Governor’s Certificate of Commendation for the Legal Aid Society of Minnesota, served as Special Assistant to Minnesota Attorney General Hubert H. Humphrey III, and was recognized by the worldwide Asian-Indian community for  his dedicated work, Chaudhary was named to the top-50 non-resident Indians in the world (NRI World  magazine).  

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

GREEN CARD LOST?STOLEN? WHAT CAN YOU DO?

A Permanent Resident Card (USCIS Form I-551) is proof of your permanent resident status in the United States. It also serves as a valid identification document and proof that you are eligible to live and work in the United States.

Although some Permanent Resident Cards, commonly known as “Green Cards,” contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date. Without a valid card, it may be difficult for you to prove that you are a permanent resident, and this could also affect your ability to travel or to prove your eligibility to work in the United States.

You can apply for a replacement card, or contact Chaudhary Law Office (952) 525-2285 for assistance.

The US Citizenship and Immigration Web site also has the answers to many common questions:

When do I need to renew my Permanent Resident Card?


You should renew your Permanent Resident Card if you were issued a card valid for 10 years that has either expired or will expire within the next 6 months.

If your Permanent Resident Card is valid for only 2 years, you are a conditional resident. You will need to file a petition to remove the conditions of your residence before the card expires. You may file this petition 90 days before your conditional green card expires. If your petition is approved, you will be sent a new Permanent Resident Card valid for 10 years. You do not need to file Form I-90. This is discussed below.

If your card does not have any expiration date on the front, then you have a very old version. Most old versions are no longer valid. Even if your card does not have an expiration date on it, we recommend you apply to renew it.

When do I need to replace my Permanent Resident Card?


Apply to replace your Permanent Resident Card if any information on your card needs to be changed, or if your card has been lost, stolen, or damaged.

Also, if you became a permanent resident before you turned 14 years old, you are required to replace your card when you become 14 years old.

What application do I file to replace or renew my Permanent Resident Card?


To apply to renew or replace your card, use Form I-90, Application to Replace Permanent Resident Card. The Form I-90 is available at www.uscis.gov.

How do I file the I-90 to renew or replace my Permanent Resident Card?


Please refer the USCIS Website under Immigration Forms, I-90, for specific filing instructions, and then complete the form. You can also e-file your I-90 at www.uscis.gov.

How do I remove conditions on my 2-year conditional Permanent Resident Card?


Do not use Form I-90 if you are a conditional resident and your status is expiring. If you are a permanent resident who was granted conditional permanent resident status, you are required to file a petition to remove those conditions within 90 days of your card expiring.

If your conditional status was based on a marriage, file Form I-751, Petition to Remove Conditions on Residence.

If your conditional status was based on being an investor or entrepreneur, file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.

If you do not file the petition to remove the conditions before your card expires, you may lose your permanent resident status. Form I-751 and Form I-829 are available at www.uscis.gov. Instructions for the forms will give you more details. For additional questions, please contact USCIS Customer Service at 1-800-375-5283 or Satveer@Chaudharylawoffice.com or call Chaudhary Law Office (952) 525-2285.

Contact Us From Anywhere in the U.S.
Satveer Chaudhary
Chaudhary Law Office, PLLC

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.chaudharylawoffice.com

www.sportsmanlawyers.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years, Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case.At Chaudhary Law Office, our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Practicing in the areas of  Immigration Law, Wills, Divorce, Family Law, Small Business and Criminal Law, we provide free intial consultations to all our clients.

In 2004  Satveer Chaudhary was named the University of Minnesota Law School Alumni of the Year. He was also awarded the Governor’s Certificate of Commendation for the Legal Aid Society of Minnesota, served as Special Assistant to Minnesota Attorney General Hubert H. Humphrey III, and was recognized by the worldwide Asian-Indian community for  his dedicated work, Chaudhary was named to the top-50 non-resident Indians in the world (NRI World  magazine).  

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

INFO ABOUT A K1/FIANCE(E) VISA

Congratulations!  You're getting married, and  want to bring your future spouse to the United States.  Well then you need them first to obtain a K1 visa.  A K1 visa allows a fiancé(e) of a U.S. citizen to enter the United States as a non-immigrant, get married shortly after his or her arrival, and adjust status to that of a permanent resident after marriage.

K1 visa may be necessary, in cases where an American citizen cannot legally marry his/her fiancé(e) in a foreign country due to local laws, traditions, or religious reasons. Sometimes couples prefer to have their wedding in the United States and K1 visa allows this to occur.

However, since a K1 visa is one of the fastest ways to immigrate to the U.S., it's been a favorite vehicle used in visa fraud. For this reason consular officers and the USCIS closely examine K1 visa applications, in an attempt to detect marriage fraud and scams.  It's important to insure your paperwork is in order, and often a good immigration lawyer is beneficial.  Chaudhary Law Office, PLLC, can handle all aspects of a K1 visa application.

What are some common questions about a K1 visa?
What evidence is required to prove a fiancé(e) relationship? Proof of a legitimate fiancé(e) relationship is critical in a successful K1 application. However, each person's situation is unique and there's no standard way to prove a real relationship. You must prepare documents, photos, email and letter correspondence, copies of travel arrangements to visit one another, phone bills as evidence of calling each other, wedding plans, and anything that will help convince a consular officer that you and your fiancé(e) have plans to get married.

How do we extend a K-1 visa?
K1 is a one-entry visa valid for only 6 months, during which time a fiance (fiancee) must travel to a Port of Entry (POE) of the United States. Remember, however, having a K1 visa doesn't guarantee admission. An immigration official at the POE will conduct inspection and determine whether the visa holder is allowed to enter the U.S.  After entering the U.S. you and your fiance (fiancee) must get married within 90 days. The K-1 status cannot be extended beyond the 90-day limit, nor can it be changed to another non-immigrant status.  The K1 visa holder must then apply for a Green Card, or be in violation of the status.

Can a K-1 visa holder travel outside the United States?
No. Since K1 is a one-entry visa, you won't be able to re-enter the U.S. using the same visa. You should apply for a travel document (Advance Parole, Form I-131) while filing for adjustment of status. After AP is approved you may leave and return to the U.S.

Can a K-1 visa holder work in the United States?  
A K1 visa holder may work in the U.S. only after receiving an employment authorization document (EAD). You can apply for EAD using Form I-765, with USCIS.

For more information and processing of the K1 visa papers, contact attorney Satveer Chaudhary at Chaudhary Law Office, PLLC.

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.chaudharylawoffice.com

www.sportsmanlawyers.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years, Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case.At Chaudhary Law Office, our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Practicing in the areas of  Immigration Law, Wills, Divorce, Family Law, Small Business and Criminal Law, we provide free intial consultations to all our clients.

In 2004  Satveer Chaudhary was named the University of Minnesota Law School Alumni of the Year. He was also awarded the Governor’s Certificate of Commendation for the Legal Aid Society of Minnesota, served as Special Assistant to Minnesota Attorney General Hubert H. Humphrey III, and was recognized by the worldwide Asian-Indian community for  his dedicated work, Chaudhary was named to the top-50 non-resident Indians in the world (NRI World  magazine).  

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

U.S. Citizenship and Immigration Services Publishes QAs re EB-5 Applicants

USCIS Publishes QAs On Direct Email Communication With EB-5 Regional Center Applicants

U.S. Citizenship and Immigration Services (USCIS) is implementing the first phase in a series of proposed enhancements to the EB-5 program. Beginning September 15, 2011, Form I-924 applicants will be able to communicate directly with www.uscis.gov.  USCIS adjudicators via email in an effort to streamline the process and quickly raise and resolve issues and questions that arise during the adjudication process.

The EB-5 Program, also known as the Immigrant Investor Program, is designed to stimulate the U.S. economy through job creation and capital investment by foreign investors. Form I-924 is the Application for Regional Center under the Immigrant Investor Pilot Program.

Some Q&A

Q1. What are the goals of direct email communication between USCIS and Form I-924 applicants?
A1. Direct email communication is a customer-service tool to enhance communication between USCIS and Form I-924 applicants. Form I-924 applicants may email USCIS questions regarding pending applications, including questions related to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) issued by USCIS. USCIS may email Form I-924 applicants to informally ask for clarification on certain issues to facilitate review, understanding and adjudication of the application. USCIS may also send a courtesy copy of an RFE or NOID to the email address listed on the I-924 and, if applicable, to the email address listed on the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, associated with the application.

Q2. How will the direct email communication process work?
A2. Form I-924 applicants with pending applications will be sent an email with a unique identifier and a specific email address to use when corresponding with USCIS. Once assigned an email address, applicants may use this contact information to send and respond to emails to discuss—either informally or through the RFE or NOID process—issues raised in their regional center applications. An applicant will receive an email with instructions shortly after his or her Form I-924 application is accepted by USCIS for filing.

The direct email communication process is only available to entities that have a pending Form I-924 application. It is not available to regional center promoters who have pending regional center applications that were filed prior to the implementation of Form I-924 on Nov. 23, 2010.

Q3. Will USCIS use email to issue RFEs and NOIDs, and can Form I-924 applicants use email to provide evidence in response to such notices?
A3. USCIS may email a courtesy copy of an RFE or NOID to Form I-924 applicants and, if applicable, to attorneys or representatives of record listed on the Form G-28 associated with the application. However, applicants may not formally respond to an RFE or a NOID via email.

If an RFE or a NOID is issued in regard to a Form I-924 application, USCIS will follow standard procedures and will mail a hard copy of the RFE or NOID to the address listed on the Form I-924 or, if applicable, to the attorney or accredited representative listed on a valid Form G-28.USCIS cannot accept an applicant’s formal response to a RFE or NOID via email. Once an applicant is ready to submit the formal response to an RFE or NOID to USCIS, he or she should follow the response submission instructions provided on the RFE or NOID.

Q4. How will USCIS ensure that the attorney or accredited representative listed on the Form G-28 is included in email communication between USCIS and the applicant?
A4. USCIS can only communicate via email with counsel representing a Form I-924 applicant if the associated Form G-28 includes a valid email address for the representative. If a valid email address is not provided in the Form G-28, the attorney or accredited representative should provide USCIS with an updated Form G-28 that includes a valid email address. This updated Form G-28 should be sent as a PDF to USCIS’s general EB-5 mailbox at uscis [dot] immigrantinvestorprogram [at] dhs [dot] gov. An original, fully executed Form G-28 will also need to be mailed to USCIS for inclusion in the Form I-924 application.

Q5. Can the direct email communication process be used to discuss issues regarding individual Form I-526 and Form I-829 petitions or other EB-5 issues not directly related to a pending Form I-924 application?
A5. No. The direct email communication process is solely for discussing issues regarding pending I-924 applications. It is not a forum for general policy and legal questions about adjudicative procedures or decisions, or for questions relating to Form I-526, Immigrant Petition by Alien Entrepreneur; Form I-829, Petition by Entrepreneur to Remove Conditions; or Form I-290B, Appeals or Motions.

USCIS will not respond to emails received concerning issues unrelated to a currently pending I-924 application. For more information about how to make other EB-5 inquiries, visit the EB-5 Inquiries page on the USCIS website at www.uscis.gov.

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.chaudharylawoffice.com

www.sportsmanlawyers.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years, Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case.At Chaudhary Law Office, our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Practicing in the areas of  Immigration Law, Wills, Divorce, Family Law, Small Business and Criminal Law, we provide free intial consultations to all our clients.

In 2004  Satveer Chaudhary was named the University of Minnesota Law School Alumni of the Year. He was also awarded the Governor’s Certificate of Commendation for the Legal Aid Society of Minnesota, served as Special Assistant to Minnesota Attorney General Hubert H. Humphrey III, and was recognized by the worldwide Asian-Indian community for  his dedicated work, Chaudhary was named to the top-50 non-resident Indians in the world (NRI World  magazine).  

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

WHY YOU MUST BE ABLE TO TRUST YOUR IMMIGRATION LAWYER

On September 11, 2011 there was an interesting article in the Des Moines Register the rise of fraudulent and unethical legal advice.  This information really highlights why it is important to know and trust your immigration attorney and long term consequences for you and your family, if they are not providing sound representation.  Check out excerpts below:

"Complaints of fraudulent and unethical legal advice that can result in the deportation of immigrants are becoming more common ...illegal immigration law advice runs so rampant around the country that Citizenship and Immigration Services, a federal agency, teamed up in June with the Federal Trade Commission, state and federal prosecutors, and immigrant advocates to combat the problem.Officials in many states, from California to Kentucky, have investigated individuals and proposed legislation in recent years to combat the problem."

The article continues:

"Des Moines attorney Jim Benzoni said he has received complaints about legal assistants moving door-to-door... promising work permits for those who pay $500 to have an asylum claim filed. The catch? Asylum claims are extraordinarily hard to win, and those who apply are marked for deportation unless they win their cases.

The asylum claims can delay deportation hearings because of the backlog in immigration courts. While waiting for a hearing, those tagged for deportation receive a work permit. Pleased with the results, immigrants encourage others to do the same.  “Two years later suddenly ICE (Immigration and Customs Enforcement) is showing up at your door and bingo. People won’t know that until the other shoe drops,” Benzoni said."

So while relying only on advice from colleagues, friends or the internet may seem like a good idea, doing-it-yourself or hiring and cheap, but unethical lawyer can cause many immigrant families to face dire consequences.

http://www.desmoinesregister.com/article/20110912/NEWS/309120021/-1/gallery_array/Complaints-legal-fraud-against-immigrants-rise

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.chaudharylawoffice.com

www.sportsmanlawyers.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years, Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case.At Chaudhary Law Office, our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Practicing in the areas of  Immigration Law, Wills, Divorce, Family Law, Small Business and Criminal Law, we provide free intial consultations to all our clients.

In 2004  Satveer Chaudhary was named the University of Minnesota Law School Alumni of the Year. He was also awarded the Governor’s Certificate of Commendation for the Legal Aid Society of Minnesota, served as Special Assistant to Minnesota Attorney General Hubert H. Humphrey III, and was recognized by the worldwide Asian-Indian community for  his dedicated work, Chaudhary was named to the top-50 non-resident Indians in the world (NRI World  magazine).  

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.

FREE CITIZENSHIP CLASSES

Free Citizenship Classes can be taken to practice for the interview and citizenship test, improve your English skills. High quality, in-person instruction is offered at convenient locations and class times. Visit or call a learning center or 1-800-222-1990 for more information about how to enroll!

Classes Offered in 3 Minnesota Cities:

Minneapolis
Lincoln Adult Education Center:
730 Hennepin Ave & 270 E Lake St
(612) 871-6350

Rochester
Hawthorne Adult Basic Education:
700 4th Avenue SE
(507) 328-4440

Worthington
Worthington Adult Basic Education:
117 11th Avenue
(507) 376-6105

Areas of Practice for Chaudhary Law Office, PLLC

Chaudhary Law Office's, PLLC, Areas of Practice:  

Immigration

H1B and L1 Visas

Canada Entry Issues

Change of Status

Marriage Green Card

Family Unification 

Visitor Visas

Removals

Citizenship

       

Family Law

Divorce

Custody

Child Support

Alimony

Adoption

Separation

Wills

Trusts

Estate Planning

Guardianship

Criminal Law

DUI/ DWI

Shoplifting

Assault

Theft

Business Law

Incorporation

Restructure

Registration

Disputes

Contact Us From Anywhere in the U.S.

(952)525-2285 ♦ satveer@chaudharylawoffice.com

www.chaudharylawoffice.com

www.sportsmanlawyers.com

Free consultation

Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC.  In practice over 10 years, Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case.At Chaudhary Law Office, our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Practicing in the areas of  Immigration Law, Wills, Divorce, Family Law, Small Business and Criminal Law, we provide free intial consultations to all our clients.

In 2004  Satveer Chaudhary was named the University of Minnesota Law School Alumni of the Year. He was also awarded the Governor’s Certificate of Commendation for the Legal Aid Society of Minnesota, served as Special Assistant to Minnesota Attorney General Hubert H. Humphrey III, and was recognized by the worldwide Asian-Indian community for  his dedicated work, Chaudhary was named to the top-50 non-resident Indians in the world (NRI World  magazine).  

The information provided is offered for informational purposes only. It is not offered as and does not constitute legal advice. Chaudhary Law Office, PLLC does not seek to represent you based upon your review of this brochure. You should not make legal hiring decisions based merely upon brochures, advertising or other promotional materials.