Hello,

I am on my second 3-year term of H-1B in the US. Since my current
employer drags its feet and is not promising that they'll begin the GC
process for me, I am considering switching to a different employer.
Now, this new employer is a foreign company which is about to open a US
subsidiary. They will hire two persons (me being one) in the US and
immediately begin GC process for these two persons. They will probably
not hire anyone else for at least a year.

My question is: will this look suspicious in the eyes of the US
Government and therefore be grounds for rejecting the GC case? What
conditions/requirements must a US company meet in order to be able to
sponsor a GC?

I'm sorry if this was covered in the past - maybe I wasn't searching
properly. If so, please provide a link to a previous discussion on this
subject.

Thanks,
Pete

Hi.

My company has started the green card application process for me - the
lawyer says anywhere from 6 to 12 months away from getting it.

I want to take a leave of absence to go travel. I am thinking around
5/6 months out-of-country.

What impact does this have on my green card application process since
I will technically not be working (I will be on "leave of absence")?

I am currently on an H1B visa - but my understanding is that my visa
status is not directly related to my green card application. Is this
true?

I am really only concerned about my green card process, not my visa
status.

Thanks to anyone who can offer insight.

http://www.numbersusa.com/content/learn/issues/impacts-high-immigration-numbers/american...

American Students: Demand Financial Equality from States that Offer In-
State Tuition for Illegal Aliens

Federal law states "an alien who is not lawfully present in the United
States shall not be eligible on the basis of residence within a
State ... for any postsecondary education benefit unless a citizen or
national of the United States is eligible for such a benefit." (Title
8, Chapter 14, Section 1623)

In a nutshell, that means the state and its public institutions must
offer the same aid to all legal U.S. residents regardless of
residency.

Hi,

I recently lost my green card and applied for replacement. It looks
like the processing dates are at August, 2006 and appears that it
might atleast take 1 year to get my card back.

I have been eligible for citizenship and I was planning to apply for
citizenship. Now that I have lost my green card, should i wait till
get my green card back to apply for citizenship or can I go ahead
apply for the citizenship? I know I can get a stamp on my passport to
show the validity of my current residency/green card.

Please advise

Thanks

My friend's application for an immigration visa was approved some time
ago. She will come to work in a flower farm as a gardener. She may
have to wait outside of the United States for up to two year to
enter. When applying, her teenager daughter was her dependent. It is
said that after the age of 21, dependents have to apply for
themselves They will no longer be in the same category with kids
younger than 21.

My question is: if my friend's daughter is over 21 at the time when
they are allowed to come, can she still come with her mom? In other
words, will her dependent's status become out of date? If this girl
gets married and has kids, what would happen?

Thanks for your expertise on this matter.
Fulio Pen

The U.S. Department of Homeland Security (DHS) recently published an
interim final rule permitting extensions of F-1 Optional Practical
Training (OPT) for an additional 17 months for students with science,
technology, engineering, and math (STEM) degrees.

In order to request the extension, the employer of the OPT holder must
be registered with USCIS's eVerify system. The United States
Citizenship and Immigration Services (USCIS) estimates that about
12,000 students will use OPT extension. Thus, to continue extending
employment to many recent graduates in the needed STEM disciplines,
employers need to be aware of this requirement and register under the
eVerify procedures. It is important for F-1 OPT students and their
employers to know how eVerify potentially could impact the employer's
business and operations.

The eVerify system is a voluntary program, designed to prevent
employers from hiring undocumented immigrants. The program has been
criticized for its inaccuracy, however. The USCIS uses the database of
the Social Security Administration (SSA) to confirm employee
information entered on the Employment Eligibility Verification Form
(I-9).

Civil fines for employers who violate U.S. federal immigration laws
will increase by 25 percent, on average, effective March 27, 2008.
This means an increase of as much as $5,000 per violation, for the
most serious category. These civil fines are being adjusted for
inflation and have not been increased since 1999.

Employers may be fined for knowingly employing individuals who are not
employment authorized, for failure to comply with the requirements
relating to employment eligibility verification forms, and for
immigration-related document fraud. The new minimum penalty for
knowingly employing unauthorized workers is $375. The maximum penalty
for a first violation is $3,200, and $16,000 for multiple violations.
These fines are assessed on a per-employee basis; thus, the potential
exposure for many employers is substantial.

DHS Increases Enforcement against Employers, the DHS monitors and
enforces workplace immigration laws through its enforcement division -
the U.S. Immigration and Customs Enforcement (ICE). It should be noted
that DHS and ICE enforcement mechanisms against employers include not
only civil fines, but potentially criminal law charges as well as
federal asset forfeitures.

U.S. Citizenship and Immigration Services (USCIS) will make available
Premium Processing Service for designated Form I-140 petitions1
(Immigrant Petition for Alien Worker) filed for alien workers in H-1B
nonimmigrant status who are reaching the end of their sixth year in
H-1B nonimmigrant status. Starting on June 16, 2008, USCIS will begin
accepting Form I-907, Request for Premium Processing Service, for
Forms I-140 filed for alien beneficiaries who, as of the date of
filing the Form I-907:

Are currently in H-1B nonimmigrant status;

Will reach the end of their 6th year of their H-1B nonimmigrant stay
in 60 days;

Are only eligible for a further H-1B extension under AC21 §104(c)2
upon approval of their Form I-140 petition; and

Are ineligible to extend their H-1B status under AC21 §106(a)3.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced
today that on June 16, 2008, it will begin accepting Premium
Processing Service requests for Forms I-140 (Immigrant Petition for
Alien Worker) filed on behalf of certain alien workers who are nearing
the end of their sixth year in H-1B nonimmigrant status.

Premium Processing Service offers 15 calendar-day processing for
designated employment-based petitions and applications upon request.
There is a nonrefundable fee of $1000 for this service. During the 15-
day period, USCIS will issue either an approval or denial notice, a
notice of intent to deny, a request for evidence, or open an
investigation for fraud or misrepresentation. USCIS previously
designated certain classifications under Form I-140 for Premium
Processing Service in the May 23, 2006 issue of the Federal Register.
See 71 FR 29662.

USCIS is limiting Premium Processing Service for Form I-140 petitions
that are filed on behalf of aliens:

Whose sixth year will end within 60 days;

Hi,

I am on a H1 visa and my wife is going to the University on a H4
visa. I have a questions regarding deducting the tuition payments and
would appreciate feedback from the experts or others who have gone
through the same situation.

1. Can I deduct my tuition expenses? If yes, is there a maximum per
year I can deduct?

2. If my wife switches from being on a H4 (dependent) visa to a F1
(full-time student) visa does anything change (Can I still make the
deductions from question1 if any)? She will not have any income when
on F1 and we will be filing married/jointly.

Thanks,
Arvind