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Immigration Q&A - August 30, 2009 Q1: H1B Visa Cap for Fiscal Year 2010 (Oct 2009 - Sept 2010)Hello. I wanted to change to H1B visa but I heard that they’ve all been used up. Is this true or can I still apply? US Immigration law provides for 65,000 H1B visas for each fiscal year. H1B holders filing for extension ro transfers are not counted against this annual cap. There is an additional 20,000 H1Bs available for foreign nationals who hold Master’s degrees from US Universities. USCIS has indicated that it has received approximately 45,000 applications and that it is receiving around 1,500 new applications each month. If this rate remains constant visa numbers will remain available throughout 2010. Unless employment rate improves drastically, we feel that 65,000 visas will be more than sufficient for the rest of 2009 and 2010. Q2: Form I-130 RevocationMy wife just attended an immigrant visa interview at London and not only was the case denied but the officer told her that the petition would be revoked! This is insane! What can we do? Can we appeal? Unfortunately, an Consular Officer’s decision cannot be appealed. However, what can be done, through attorney channels, is to determine why the immigrant visa petition was denied and returned for revocation. Then a response to the revocation request can be filed with the USCIS office that approved the Form I-130. The USCIS then can send the case back to the Consular Post with instructions to reconsider their decision which can result in a second interview. This process can take up to two years but in some cases it can be as fast as 6 months. Q3: Change of Status from J1 Visa During the 30-day grace periodI just finished working for a hotel chain in J1 which is now expired. I was hoping you could help me change to student visa. Is it possible? Upon completion of you J1 program (the end date on your DS-2019 form), you have a 30 day grace period. We can help you change to F1 visa status during your grace period so long as the start date for the F1 falls within the grace period. |
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The Messersmith Law Firm, P.C. |
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