PERM CASES – PROCESSING TIMES WOW!  FEW DAYS TO A COUPLE OF WEEKS!

The PERM process is taking a few days to a couple of weeks at this time.

It is advisable that individuals initiate their green card processing at least by the third year of stay on H-1B in the United States. Often time’s individuals also change employers and additional time is required for them to have an employer sponsor them. Hence to start all over, results in a loss of time. One should not wait into the fourth year of the stay on H-1b.  We have seen many situations where the individual is approaching the completion of the fifth year on H1b stay.

When faced with the urgent situations such as these, we have provided many strategic possibilities for the individual to continue to stay in the country even when running out of their H-1b stay. Our law firm continuously helps foreign nationals obtain their green card/permanent residence and H-1b approvals.

FY 2011 H-1B CAP HAS BEEN FILLED

The H1B Cap is the official term for the annual quota (number) of H1B visas that are made available each year by the US Immigration Bureau.

USCIS announced on January 26, 2011 that it has received a sufficient number of H-1B petitions to reach the statutory cap for FY 2011.

USCIS will apply a computer –generated random selection process to all petitions that are subject to the cap and were received on January 26, 2011. USCIS will use this process to select petitions needed to meet the CAP. USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee.

ICERT PORTAL DOWN ON VARIOUS DAYS

Employers please be informed of ongoing problems resulting from the ICERT PORTAL. ICERT PORTAL is a the online system known as ICERT, where requests can be filed to obtain Labor Condition Application (LCA) for H1B cases and prevailing wage determination for the Perm process. The ICERT PORTAL has not been working properly thus causing delays to obtain LCA approvals to file H1B petitions and prevailing wage determination (PWD). The LCA is needed in order for an employer to file an H1B petition as well as it is a vital step in the PERM Process. The employer must obtain a PWD as part of the LC process.

Thus, in order to avoid the potential problems with ICERT portal and in anticipation of LCA delays, employers need to plan ahead for their H1B filings and prevailing wage determination. Delays in obtaining the PWD may result in delays in the ability to proceed with the recruitment steps needed before filing the PERM case for green card processing.

SHUT-DOWN OF THE TRI VALLEY UNIVERSITY, STUDENTS FATE HANGS IN THE BALANCE

The Tri-Valley University in Pleasanton, a suburb in San Francisco Area, was raided and shut down on Tuesday, January 25 on charge of massive immigration fraud. According to a federal complaint filed in a California court, the Tri-Valley University facilitated the foreign nationals to illegally acquire F-1 visa that authorizes them to remain in the US. Over 95 percent of the students are from India, mostly from Andhra Pradesh (around 300 engineering students from Andhra Pradesh were admitted to MS program in the Tri-Valley University) face the prospect of deportation from the US.

For a student to maintan an active immigration status, they must show proof that they are making reasonable progrss towards completing course work and physically attend class. Once the University has been shut down, the students who come on F-1 visa, lose their status within a stipulated time.

These students have been making frantic calls to Indian-American immigration attorneys. Since January 21, 2011 our Law Firm has been receiving  numerous phone calls from students registered at Tri-Valley University in Pleasanton, California. Students were very worried because of the uncertaitny of their status in the United Status.

There are a couple of options available to the F-1 Tri-Valley students. On of the option is to request a change of status in the United States to B1/B2, however they will not be able to work on the B1/B2. Other option is to find an employer who can file for their H1B.
Students should take action at the earliest, if they wish to remain in the United States legally.

In the future to avoid being part of a immigration fraud, Our Firm advises students  to verify a school’s accreditation status in the United Status.

For additional quetsions related to these issues, please contact the Law Firm of Rani Emandi.

Thank You.
Rani Emandi Esquire