ImmiLETTER Vol. II – Issue 4: April 2, 2007

The Strive Act 2007
Possible Implications for Legal Migrants
The “Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act”, which was introduced in the US House of Representatives on Thursday, 22nd March 2007, is similar to the immigration bill put forward by the Senate Judiciary Committee last year. Except this time, the Act mandates that the provisions regarding border security are in place and working before other immigration reforms can take place.

Meanwhile, working on the assumption that The Strive Act will go on to becoming the next big change in US Immigration, we will look into the possible implications of this act for future legal migrants to US.

H1B and H1B Masters Quota
Clarifying Confusions
As what we call the H1B Season approaches its peak hour, we at Immitips get a lot of queries from applicants who have missed this year’s application deadline somehow or the other. Almost every year, many among the ones who missed out come to us for clarification – what went wrong? And more often than not, they are confused about which quota they are actually applying for.
Headlines
  • USCIS to Accept H-1B Petitions Starting April 2nd
  • USCIS Provides “Help Text” for H-1B Filing
  • H-2B Cap for Second Half of FY 2007 Reached
  • Strive Act 2007: Relief for H1B and EB Categories Finally?
  • Form I-485s Transferred to Nebraska & Texas SCs
  • Updated Direct filing address for Forms I-129 & I-539
  • April 2007 Visa Bulletin
  • UK Visa Fee Hiked for India and Non-EU Countries
  • New Filing Procedures for Forms I-129 and I-539
  • Procedure Changed for Issuing interim EADs
  • USCIS Clarifies First Filing Date for FY2008 H1B Cases
Case studies
  • Change of status
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    Can this happen to me?

    We devote this section to highlighting specific cases where you as an immigrant might find yourself in. If you have a related problem or feel the case study does not answer your question, you are welcome to post your question on our forum section.
    The Case
      • Sue entered the U.S on a L1 (Intra-Company Work Visa) Visa in 2001
      • In 2002 Sue applied for a H1B through a consulting company
      • The H1B is approved on October 2002
      • Sue continues to work for her old company while looking for a job
      The Conclusion
      Sue is working illegally as her L1 status expired the moment her H1B was approved.
      Analysis

      As we can see from the case mentioned above, if an L1 holder applies for a H1 and it gets approved for work date starting Oct 1st, he or she looses the L1 status and is supposed to work for the H1 employer starting Oct 1st.

      Not knowing this fact, Some people get the H1 sponsored from consulting companies and continue to work for their old companies. So a word of caution to all who are considering a change in visa status: Once the H1 gets approved, they are no longer on L1.

      The same applies to change in status from F1 to H1 or H4 to H1 also.

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      Disclaimer: The information provided on this newsletter is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney.
      Copyright © 2007, Immitips.com. All Rights Reserved