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Posts Tagged ‘india

FY 2011 H-1B Update Count (10/15/10)

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As of October 15, 2010, approximately 42,800 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 15,700 H-1B petitions for aliens with advanced degrees.

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Written by MithrasLaw

October 25, 2010 at 11:30 am

FY 2011 H-1B Update Count (10/1)

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As of  October 1, 2010, approximately 40,600 H-1B cap subject petitions were receipted. Additionally, USCIS has receipted 14,900 H-1B petitions for aliens with advanced degrees.

Written by MithrasLaw

October 8, 2010 at 5:41 am

H-1B update for May 2010

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U.S. Citizenship and Immigration Services (USCIS) in its most recent update has announced that as of May 11, 2010, approximately 18,000 H-1B cap-subject petitions were filed. Additionally, USCIS has received 7,600 H-1B petitions for aliens with advanced degrees.

USCIS continues to accept H-1B non-immigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. Once the USCIS receives the necessary number of petitions to meet the cap, it will issue an update that the FY 2011 H-1B cap has been met.

Petitions filed by employers who are exempt from the cap or petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years will not count toward the congressionally mandated H-1B cap.

Our office continues to accept new H-1B cases as long as the H-1B cap remains open. Please contact our office if you are interested in being a client of ours.

Written by MithrasLaw

May 13, 2010 at 11:33 am

H-1B update for FY 2011

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U.S. Citizenship and Immigration Services (USCIS) in its most recent update has announced that as of April 15, 2010, approximately 13,600 H-1B cap-subject petitions had been filed.  USCIS has received 5,800 H-1B petitions for aliens with advanced degrees against a cap of 20,000 master’s degree or higher education exemption.
USCIS continues to accept H-1B non-immigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. Once the USCIS receives the necessary number of petitions to meet the cap, it will issue an update that the FY 2011 H-1B cap has been met.
Petitions filed by employers who are exempt from the cap or petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years will not count toward the congressionally mandated H-1B cap.
Our office continues to accept new H-1B cases as long as the H-1B cap remains open. Please contact our office if you are interested in being a client of ours.

Written by MithrasLaw

April 27, 2010 at 1:51 pm

H-1B Tougher Standards – Conference recording

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Thank you to all those who participated in our webinar.

As you may know, that in  USCIS memo issued in January 2010 significantly alters as to what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.   Below is mp3 link to the webinar conference recording if you would like to revisit the information or share it with someone.

http://www.mithraslaw.com/podcast/MithrasLawGroup_H-1b_Webinar_Feb_23_2010.mp3

Written by MithrasLaw

February 25, 2010 at 10:39 am

Visiting India as a Foreign National – Know the Registration Requirements:

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Who should register?

All foreigners including foreigners of Indian origin visiting India on long term (more than 180 days) are required to get themselves registered with concerned Registration Officer within 14 days of his/her first arrival, irrespective of the duration of their stay.

These categories include:

a. Student visa(S) (including those coming for study of Yoga, Vedic Culture, Indian system of dance and Music),
b. Research Visa(R)
c. Employment Visa(E)
d. Medical(M)
e. Medical Attendant(MX) and
f. Missionary Visa (M)

Foreigners visiting India on other categories of long term visa including business/Entry(X) visa would not require registration with the concerned FRROs/FROs if , repeat if duration of his/her stay does not exceed 180 days on a single visit. In case a foreigner intends to stay for more than 180 days on a single visit he should get himself registered well before the expiry of 180 days.

It should be noted that Pakistan Nationals are required to register within 24 hours and Afghanistan Nationals are required to register within 7 days of their arrival in India.

Registration Facilities:

Registration facilities are not provided at the airport and are carried out in the office of FRROs or District Superintendents of Police (FROs).

No registration required for:

Children below 16 years of age do not require registration, on any type of visa.

New modification to long term tourist visas:

Foreign nationals , who are already holding long term tourist visas for 10/5 years with stay stipulation of 180 days/90 days and with multiple entry facility, there should be gap of at least 2 months between two visits to the country on tourist visa.

Written by MithrasLaw

January 28, 2010 at 10:30 am

Employers: It is not too early to start thinking About the FY 2011 H-1B Season

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United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the Fiscal Year 2011 (FY 2011) cap on April 1, 2010. Cases are considered accepted on the date that the USCIS takes possession of the petition; not the date that the petition is postmarked. If you are an employer considering petitioning for an H-1B employee in April 2010, it is a good idea to get started early as the H-1B visa cap is predicted to be used up much faster than in FY 2010.

Although earlier in 2009, H-1B petitions were sluggish, the uptick in H-1B petitions increased dramatically from October to December last year suggesting that there is an improvement in the economy and that demand for H-1B workers is likely to continue into the next H-1B season. It is, therefore, recommended that employers assess their current and future H-1B hiring needs earlier rather than later so that they do not get left out if the demand for H-1B visas continues once the filing season opens on April 1, 2010. Also getting started earlier, will help employers get a head start to prepare for increased H-1B evidence requirements now to be imposed by the USCIS.

The numerical limitation on H-1B petitions for Fiscal Year 2011 is likely to remain 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap. USCIS will monitor the number of petitions received and will notify the public of the date USCIS has received the necessary number of petitions to meet the H-1B cap, known as the “final receipt date.”

The date USCIS publishes information that the cap has been reached does not control the final receipt date. To ensure a fair system, USCIS randomly selects the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date. H-1B petitions cannot be filed more than six months in advance of the requested start date.

Petitions seeking an H-1B worker for an Oct. 1, 2010 start date can be filed no earlier than April 1, 2010. Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers. Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.

Written by MithrasLaw

January 14, 2010 at 7:47 pm

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