USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2009

USCIS has announced the following:

USCIS REACHES H-2B CAP FOR FIRST HALF OF FISCAL YEAR 2009
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half
of Fiscal Year 2009 (FY2009). USCIS is hereby notifying the public that July 29, 2008 is the "final
receipt date" for new H-2B worker petitions requesting employment start dates prior to April 1, 2009.
The "final receipt date" is the date on which USCIS determines that it has received enough cap-subject
petitions to reach the limit of 33,000 H-2B workers for the first half of FY2009.
USCIS will reject petitions for new H-2B workers seeking employment start dates prior to April 1, 2009
that arrive after July 29, 2008.
USCIS will apply a computer-generated random selection process to all petitions which are subject to the
cap and were received on July 29, 2008. USCIS will use this process to select the number of petitions
needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly
selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated
bi-annual H-2B cap. USCIS will continue to process petitions filed to:
• Extend the stay of a current H-2B worker in the United States;
• Change the terms of employment for current H-2B workers and extend their stay; or
• Allow current H-2B workers to change or add employers and extend their stay.

Reentry Permit Renewal

The Admistrative Appeals Unit (AAU) of U.S. Citizenship and Immigration Services (USCIS) has confirmed that a person is not permitted to seek renewal of her reentry permit unless she is in the United States. Therefore, if you are outside of the U.S. with a reentry permit that is expiring soon, you must return to the U.S. and file for a new reentry permit.

For more information see http://www.aila.org/content/default.aspx?docid=25999 .

http://www.cundyandmartin.com/

Immigration Questions (frequently asked)

FAQ - http://www.cundyandmartin.com/

Over the years and after helping hundreds (if not 1000 or more) clients with immigration matters, there are certain questions that regularly come up. With this posting and with updates to it, I hope to answer some of these questions. Keep in mind that there are always exceptions to every rule and I generally will not address those exceptions in this posting. This is basic information only, not a legal treatise on U.S. immigration law.

Nonimmigrant Visas

1. If I file for an extension of my visitor visa, can I leave the country while it's pending? No. If you leave, the application will terminate as abandoned.

Fiance K-1 Visa

1. Do I have to be a U.S. citizen to petition for a fiance? Yes.
2. Is it required that we meet in person before I file the petition? Generally, yes. There are a few exceptions to this requirement but they rarely apply.

Immigration Court

1. I didn't ask for all possible forms of relief (defenses) at my first hearing, is it too late to ask now? No. You may make a request at any time prior to a decision by the Immigration Judge on your case.
2. If a person illegally returns to the U.S. after a prior deportation, what is the consequence? He is not eligible for most forms of relief.

Green Card - Lawful Permanent Residence

1. If I return to the United States once a year, I won't lose my permanent resident status. Wrong. If your intent is to live outside the U.S. and only visit the U.S. periodically, the immigration service may revoke your green card.

Reentry Permit

1. Do I have to return to the United States in order to renew my reentry permit? Yes. The Admistrative Appeals Unit (AAU) of U.S. Citizenship and Immigration Services (USCIS) has confirmed that a person is not permitted to seek renewal of her reentry permit unless she is in the United States. Therefore, if you are outside of the U.S. with a reentry permit that is expiring soon, you must return to the U.S. and file for a new reentry permit. You may read the decision at http://www.aila.org/content/default.aspx?docid=25999 .

Check the status of your FOIA request online

USCIS has announced that you may now check the status of your USCIS FOIA request online, simply by entering the Control Number that was provided to you after receipt of your request (The Control Number will begin with the letters NRC, COW, etc.).

If your request is pending, the status will indicate the position of your request relative to all pending USCIS requests in the same processing track. If your request has been processed and responded to within the past six months, you will be given the date your request was processed.
You may print the results of your status check by clicking the "Printer Friendly" link at the top of this page.

Status information is updated on a daily basis.

by Immigration Lawyer http://www.cundyandmartin.com/