ImmiLETTER Vol. II – Issue 7: July 1, 2007

July 2007 Visa Bulletin Implications
Winners and Losers
The July 2007 Visa Bulletin has rocked the immigration world by declaring all Employment Based Visa Categories for US “Current”, allowing all beneficiaries waiting for the elusive green card under the employment based categories to file for Adjustment of Status this July.

However, rumors are already flying high as to whether this window of opportunity will even last the whole of July itself or not………

Senate Buries Immigration Bill For Good!
No Chance of H1B Quota Hike Before 2008 Presidential Elections
A last ditch effort to make a mark by a President who is on his way out; jumpy senators trying to avoid getting on the bad side of voters – all in all it was a wrong time for the Bill. But the fact remains, as the recent debates have brought to light, the U.S. Immigration needs serious overhauling and somebody will eventually have to do it. Will the future President rise to the challenge?
  • EB Current Status May Last Only Till July 3rd!
  • Immigration Bill Voted Off by US Senate
  • I-140 Premium Processing Temporarily Suspended
  • Early July End to EB “C” Status: Rumor or True?
  • EB3 Other Worker Category Exhausted!
  • July 2007 Visa Bulletin: All EB Categories Current!
Useful Tips
  • H-1B worker employed with a cap-exempt employer can switch to a cap-subject employment!
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    What lawyers aren’t telling you?

    In this section, we will reveal the exceptions to the rules and the ambiguities in the law – information that most lawyers won’t reveal but that can save you a lot of time and headache.
    The Tip:
    H-1B portability provision allows that an H-1B nonimmigrant, if otherwise eligible, may commence employment with a new employer upon the filing by that new employer of an H1B petition on the worker’s behalf. That is, a H-1B worker employed with a cap-exempt employer can switch to a cap-subject employment!
    The Scenario:
      • X is an H1B employee of a cap-exempt research institute
      • X’s current H1B status is valid for another year and his LCA is valid for another three years.
      • X wants to swich to a new job with a cap-subject employer
      • The cap-subject employer files for an H-1B petition.
      • Can X start working for new employer as soon as the application is receipted?
        The Analysis:

        The answer is yes. In this case, as X has an H1B visa valid for another year and the LCA is valid for three years; both will cover the intermittent period between the employers filing of a new H1b and the approval of the new H1B. X can start working even while the petition is being filed and can continue to do so under the current H1B visa and even file for extension of the current H1B status while working under the cap-subject employer.

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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, All Rights Reserved