The Vermont Service Center has clarified USCIS' current position regarding H-1B revocation when the visa holder is "porting" the H-1B visa to a new employer under AC21:

"If the beneficiary ports to a new employer and accepts employment with that new employer upon the filing of a new petition, prior to the revocation of the H-1B petition filed by his or her former employer, then the beneficiary will be in an "authorized period of stay" while the newly filed petition is pending pursuant to INA § 214(n). The period during which a timely filed EOS petition is pending continues the alien's period of authorized stay in the United States (allowing the alien to avoid accruing unlawful presence), but it does NOT extend the alien's period of authorized status (emphasis added)."

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

In determining whether the beneficiary qualified for the immigrant classification of advanced degree professional, the Administrative Appeals Office (AAO) determined in a non-precedent decision that the five-year foreign Bachelor of Medicine and Bachelor of Surgery (MBBS) is equivalent to the United States Doctor of Medicine (MD).

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The US Department of State has published a cable notice to remind consular posts that in cases where the visa applicant is a recent member of the religion and cannot demonstrate two-year membership in an affiliated organization, B-1 status remains an option where the applicant meets the requirements in 9 FAM 41.31 note 9.1. Applicants do not need to demonstrate that they intend a stay of one year or less, but do need to demonstrate that the intended stay has a time limit and is not indefinite in nature.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

A Federal Register notice has been published of a further 30-Day revised information collection period, ending 16 March 2009, regarding the information included on the Form I-94 (Arrival/Departure Record), the Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure), and the Electronic System for Travel Authorization (ESTA).

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

In enforcing the defendant's obligations pursuant to the I-864, Affidavit of Support that defendant signed following marriage to the plaintiff, the United States District Court for the District of Maryland denied the defendant's motion that the obligation be reduced by child support payments. The Court granted defendant's motion that the obligations be reduced by alimony payments. Younis v. Farooqi (MD, 2/10/09).

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

USCIS has announced that the New Orleans Field Office will be closed on 24 February 2009 for Mardi Gras.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The US Embassy in London has reported that its courier service continues to experience delays following adverse weather conditions. Individuals may visit http://www.securemail.co.uk/sms/ for further details.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

USCIS has published a reminder that individuals applying under the non-minister category of the program, including family members, must either adjust status to permanent resident or be admitted with an immigrant visa before March 6, 2009. The category that will expire includes special immigrant religious workers in professional or non-professional capacities within a religious vocation or ccupation, but does not include those workers entering the United States solely to carry on the vocation of a minister of a religious denomination.

For more information, please contact Ortega-Medina & Associates. http://www.Ortega-Medina.com

The US Embassy in London reopened on 03 February 2009, after being closed on 02 February 2009 due to snow in London.  US Citizens who could not attend a passport or Consular Report of Birth Abroad appointment should contact the American Citizen Services unit at londonpassports@state.gov, or at +44 (0) 207 893 0563 to reschedule.  Individuals who missed notary appointments on 03 February 2009 hsould contact the Special Consular Services unit directly at londonnotary@state.gov.  Visa applicants who cannot make a scheduled appointment should contact the visa line at +44 (0) 904 245 0100 to reschedule the appointment

For more information, please contact Ortega-Medina & Associates.  http://www.Ortega-Medina.com

The US Department of Labor (DOL) has published its Foreign Labor Certification disclosure data in regards to PERM, H-1B, H-2B, and H-2A cases.  The data reflects that the DOL certifies over three times the number of foreign work requests than USCIS issues H-1B visas.  Further data can be found at: http://www.flcdatacenter.com/CaseData.aspx

 

For more information, please contact Ortega-Medina & Associates.  http://www.Ortega-Medina.com

The American Embassy in London is closed today, 02 February 2009, due to adverse weather conditions. Persons with visa appointments scheduled may contact the US Embassy freephone at +44 (0) 800 027 0051 to reschedule a priority appointment.

For more information, please contact Ortega-Medina & Associates, http://www.Ortega-Medina.com