H-1B QUOTA FY 2013

Each year, there is an 85,000 numerical cap on the number of H-1B petitions for professionals to work in the U.S. on a temporary basis. Of these 85,000 H-1Bs, 20,000 are reserved for persons in possession of an advanced degree from a university in the U.S.   Generally, the USCIS will start accepting H1-B petitions submitted by employers starting on April 1, 2012 for workers who will start their jobs on October 1, 2012.

QUOTA CAP

04/25/2012:    

H-1B Visas Receipted- 10,900
Master Quota Cap-20, 000 

H-1B Visas Receipted-  25,000
Regular Cap-65,000

This year, as in past years, we will track the number of approvable H1-B petitions filed with the USCIS on a weekly basis.

THE VALIDITY OF GREEN CARDS WITHOUT EXPIRATION DATES

Some permanent residents of the U.S. who are currently residing with Alien Registration Cards I-551, also known as a Green Card, have Green Cards that are issued without expiration dates. They are legal in this country; however, the U.S. Citizenship and Immigration Services (USCIS) will now be terminating any residents that do not have an expiration date on the actual Green Card.

On August 22, 2007, the USCIS announced a proposed rule that all lawful permanent residents with cards with no expiration date must apply and obtain new "Green Cards. As of September 2011, the Federal Government issued a 120-day application period for permanent residents to file form I-551 to replace their permanent resident cards without an expiration date.

After the expiration of the 120-day application period(which is currently the case), an alien who fails to file the form I-90 will still hold the status of an alien who has been lawfully admitted for permanent residence, until the status is terminated by entry of a removal order against the alien.

Residents who hold Green Cards without expiration dates have a 120-day application period to apply for a replacement card. An LPR who fails to obtain a new Form I-551 by the I-551 termination date would not be in possession of a valid Form I-551. As a result, he or she, may experience difficulties in meeting other requirements where valid documentation is necessary. Moreover, at the port of entry, the officer may direct the individual to obtain a new card.

Permanent residents who possess these cards may continue to use them as proof of permanent residency when traveling, when seeking employment, and at any time such proof is required. However, the USCIS is seeking to terminate "Green Cards" without an expiration date. USCIS believes that the replacement of these cards is vital to the security of the immigration process. The change would allow USCIS to issue more secure, tamper-resistant permanent resident cards, update cardholder information, conduct background checks, and electronically store applicants' fingerprint and photographic information so as to provide better evidence of the identity of the cardholders.

With this new rule in effect, it will allow issuance to more aliens, update cardholder information, conduct background checks, and electronically store the applicants’ biometric information for biometric comparison and authentication purposes consistent with the goals of the Enhanced Border Security and Visa Entry Reform Act of 2002.