Posts Tagged ‘Petition’

H-1B Cap Reached for FY2012

USCIS announced yesterday that the H-1B regular cap has been reached for FY2012. The final receipt date for  H-1B petitions is November 22, 2011.  Applicants who wish to apply for H-1B status must wait until April 1, 2012 to file a FY2013 petition that permits employment on October 1, 2012.  Last year, the regular H-1B cap was reached on January 26, 2011.


VAWA self-petitions can be filed by the victim between the ages of 21 and 25

The USCIS has issued a policy memo dated September 6, 2011, to allow victims of abuse to file their self green card petitions even though they are over the age of 21 if it is filed before the age of 25.  The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) amended section 204(a)(1)(D) of the Immigration and Nationality Act to allow continued eligibility for certain individuals to file a VAWA self-petition after the age of 21, if the abuse was at least one central reason for the filing delay. 


Revocation of VAWA-Based Self-Petitions

On December 15, 2010, the USCIS issued a policy memorandum on revocation of
VAWA-Based Self-Petitions (Forms I-360).  The policy memo provides policy
guidelines which the Vermont Service Center and the field offices must follow in
revoking a VAWA self petition.

The Violence Against Women Act (VAWA) was a law passed by U.S. Congress in 1994 to allocate resources to investigate and prosecute cases of violence against women.  In the immigration context, victims of violence may also file self-petitions to obtain legal status.  In 1997, to ensure uniform and
expeditious treatment of all self-petitions filed by battered spouses and children, the former INS implemented a centralized filing procedure by having all VAWA self-petitions adjudicated at the VSC.  The reason was that the VSC adjudications officers  assigned to review VAWA petitions had received
specialized domestic violence training and have developed expertise in adjudicating these petitions.

After a self-petition is approved, the USCIS has the authority to revoke the petition based on reliable new evidence.  Again to ensure that petitions were revoked in a consistent and efficient manner, the former INS issued a policy memo in 2002 to designate the VSC as the sole office that had the authority to
issue notices of intent to revoke Form I-130.  This policy has not been consistently followed by the local offices.  Consequently, a new memo was issued by the USCIS in December to address this issue again.  In order to revoke a self-petition filed by abused spouses, children and parents of U.S.

Continue reading “Revocation of VAWA-Based Self-Petitions”

March 2011 Visa Bulletin: Further Retrogression for F2A

The State Department publishes the Visa Bulletin every month to advise the public the availability of immigrant visa numbers in each preference category.  The first table is for family-based immigration and the second for employment-based.  If the priority date printed on the receipt of your petition is before the cut-off date in your category, then you’re eligible for an immigrant visa.  “C” means there are visas for all applicants, and “U” means visas are unavailable.
            On the family side, the F2A preference category (spouses and minor children of lawful permanent residents) retrogresses further for China, India, Philippines and the other countries to Jan.

Continue reading “March 2011 Visa Bulletin: Further Retrogression for F2A”

Process of Green Card for Indian in US

For Indians United States of America always has been a vineyard or the place to achieve all the goals that have been setup in life. These vintage thoughts have always been very prevalent till now. Everyone wants to settle in the supreme country of the world and the thing that guarantees this permanent settlement is called the green card. There are different types of categories in which green cards that are offered by the US and the ones by which Indians get a green card are mainly sponsorship by a family member or an employer and investment as an entrepreneur.

Continue reading “Process of Green Card for Indian in US”

Family Based Immigration to the United States

A family based immigration in to the United States is some thing that could be done easily. This is done if you could fulfill the under mentioned terms and conditions. In this kind of immigration the guardian angle happens to be the relative who is either already staying in the United States, or is a lawful permanent resident already in the US.

The above mentioned could be done in 2 ways (this is the IR category).

  1. Some one who is an immediate relative of an US citizen, which is a spouse, widow or an unmarried child who essentially needs to be under the age of 21.

Continue reading “Family Based Immigration to the United States”

The H 2B Visas Are Still Available

Did you know that under the following circumstances the H2B visa for the United States may be used for both Skilled and Unskilled work?

  1. An American employer, to handle the work load spikes of the peak months may choose to hire temporary staff. For that they can hire people using the option of the H2B visas.
  2. Also in case there is a one time occurrence situation for an employer in the United States, they may opt for the H2B visa.

The H2B visa is used for a number of works for the both the employers and the job seekers in the United States.

Continue reading “The H 2B Visas Are Still Available”


Sponsors: