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  1. CAP-SUBJECT H-1Bs HAVE ALL BEEN RECEIPTED

    by , 05-20-2013 at 07:09 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo


    The USCIS has confirmed
    through AILA that all 2013 H-1B cap-subject cases have been receipted in
    this past week.  This is a little
    quicker than we had expected.  If you
    have not received an H-1B receipt notice the chances are that your case did not
    win the H-1B lottery.




    USCIS received approximately 124,000 H-1B petitions during
    the filing period, including petitions filed for the advanced degree exemption.
    On April 7, 2013, USCIS used a computer-generated random selection process
    (commonly known as a "lottery") to select a sufficient number of petitions
    needed to meet the caps of 65,000 for the general category and 20,000 under the
    advanced degree exemption limit. For cap-subject petitions not randomly
    selected, USCIS will reject is returning the petition along with the USCIS
    filing fees.

    F-1 students who did not win the lottery must exit the US at
    the conclusion of their F-1/OPT period.




    Many H-1B petitions are not subject to the H-1B cap, including:

    * H-1B extension petitions

    * H-1B transfer petitions

    * Certain H-1B petitioners for
    University employers

    * Certain H-1B petitions for
    Non-Profit Research organizations


    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.  You can also visit us on Facebook and follow us on Twitter.
  2. King: Immigration Reform a Democratic Plot

    by , 05-19-2013 at 02:50 PM (Greg Siskind on Immigration Law and Policy)
    There's a reason the GOP leadership is hoping immigration reform finally moves this year. They're brand with Hispanic voters is terrible and they need to show that they're a party that has a place for this fast growing segment of the electorate. So they must have cringed when they saw this story on CNN:
    A prominent House conservative said Tuesday that the immigration
    reform bill under consideration in the Senate is part of an ongoing plot
    to build a massive new Democratic voting bloc.

    America's growing
    Hispanic vote is "a huge boon for Democrats. They have known that for a
    long time," said Rep. Steve King, R-Iowa. Their message has been that
    "we are going to recruit all you folks. That we are going to give
    amnesty to (you) to become Democrats."
    Democratic leaders "are
    in the process of seeking to establish another monolithic voting bloc,"
    he said. Republicans backing the bipartisan Senate bill "completely
    ignore that fact."
    King made his remarks at a
    Capitol Hill press conference with several other House conservatives
    taking aim at the "Gang of Eight" legislation drafted by four Senate
    Democrats and four Senate Republicans.

     
    And this didn't help either.

    The GOP has been doing better of late despite King's regular anti-immigrant outbursts. The House Gang of Eight, Boehner's quiet pushing on an immigration bill, Representative Goodlatte's move toward the center on immigration and the choosing of Darryl Issa to craft the skilled worker provisions all give me reason to hope.
  3. June 2013 State Department Visa Bulletin Rundown

    by , 05-18-2013 at 06:02 PM (Greg Siskind on Immigration Law and Policy)
    Thanks to Nicollette Davis at our firm for summing up the latest Visa Bulletin:
    June Visa Bulletin Summary:
    Family
    1st - World numbers, China and India advanced 3 weeks to 22 April
    06; Mexico advanced 1 week to 15 August 93; the Philippines jumped 7 months to 01
    January 00.
     
    Family 2A - World numbers, China, India, and the Philippines advanced 3
    months and 1 week to 08 June 11; Mexico moved 3 months and 1 week to 08 May 11.
     
    Family 2B - World numbers, China, and India moved 1 month and
    3 weeks to 08 July 05; Mexico moved forward 1 month and 2 weeks to 15 June 93;
    the Philippines advanced 1 month and 3 weeks to 01 November 02.
     
    Family 3rd - World numbers, China, and India moved forward 3
    weeks to 01 September 02; Mexico moved one week to 08 April 93; the Philippines
    moved forward 3 weeks to 15 November 92.
     
    Family 4th - World numbers, China and India remain stalled at
    01 May 01; Mexico advanced 1 week to 15 September 96; the Philippines advanced 5
    weeks to 08 November 89.
     
    Employment 1st - still current in all categories.
     
    Employment 2nd - World numbers, Mexico and the Philippines
    are still current; China moved forward 2 months to 15 July 08; India remains
    stalled at 01 September 04.
     
    Employment 3rd - World numbers, Mexico advanced 9 months to 01
    September 08; the Philippines moved forward one week to 22 September 06; China
    moved 9 months to 01 September 08; India advanced 2 weeks to 08 January 03.
     
    Employment 3rd Other Workers - World numbers, Mexico advanced
    9 months to 01 September 08; the Philippines moved forward one week to 22 September
    06; China moved 5 weeks to 22 October 03; India advanced 2 weeks to 08 January
    03.
     
    Employment 4th - still current in all categories.
     
    Employment 5th - still current in all categories.
    Number 57

    Volume IX

    Washington, D.C.
  4. Deal Appears to Have Been Reached by House Gang of Eight

    by , 05-17-2013 at 10:29 AM (Greg Siskind on Immigration Law and Policy)
    There have been multiple news reports in multiple well-regarded publications painting different pictures on the state of play with the House negotiators on a comprehensive reform bill. But a picture is starting to emerge.
    The Wall Street Journal reported yesterday "Bipartisan House Group Reaches Broad Immigration Deal." The report indicates that most of the provisions for a deal have been worked out except some details on guest workers and health care for immigrants. But they also indicated that if they couldn't work out a deal, Republicans might introduce a bill without the Democrats. Also, several media outlets reported that Speaker Boehner is voicing concerns that the House negotiators have not yet finished a bill. And the House Judiciary Committee appears to be moving forward with its own plan to consider immigration reform in multiple bills rather than a single bill.
    The New York Times published a report yesterday that says that the health care benefits question was resolved though how remains unclear. The Times also reported on the issue of W guest workers. Democratic negotiators wanted to use the Senate deal, but Republicans thought the deal favored unions too much. The two sides, according to the Times, will offer competing guest worker plans and allow House members to decide which version makes it. However, it is still possible a negotiated deal can be reached on this issue as well.
    According to The Hill,


    "We have an agreement in principle," Rep. John Carter (R-Tex.) said as
    he and five other members of the group emerged from a two-hour meeting
    late Thursday afternoon.




    Democrats confirmed the deal, and lawmakers said they would meet again
    next week to put the finishing touches on the legislative text.



    The Hill reports that the path to citizenship in the House version would be 15 years compared to 13 in the Senate bill. Representative Carter also indicated he hoped a bill would be introduced in the first week of June.
    So it appears that the HG8 is going in to drafting mode on their bill and will have something ready to show the world in about two to three weeks which should be the time the Senate begins debating on the floor whatever is approved the Judiciary Committee. So far so good as far as the goal of having a bill by the August recess.
  5. They Were Happily Married For 16 Years. Paid Taxes. Never Had A Parking Ticket. So We Deported Him.

    by , 05-17-2013 at 06:31 AM (Matthew Kolken on Deportation And Removal)
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