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Visa Lawyer Blog

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H1B Consular Process – Third Country Nationals (TCNs) Should Use Caution When Processing Non-Immigrant Visa Applications in Canada

As many readers know, H1B status holders in the US, may apply for visa stamp in Canada. This way avoiding a costly trip the country of origin. Such applicants are called Third Country Nationals. The US Consulate General in Cananda ACCEPTS the following types of NIV applications from Third Country…

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H1B Visas – How to make sure that your petition will be accepted for filing and not be counted against the cap?

Today is the first day that employers may file H1B petitions for FY 2011. We certainly released our cases on time yesterday, and are still open to new cases as long as the H1B cap will remain open. Under current law, an alien can be in H-1B status for a…

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LCA needs to be certified again with H-1B Petition Filing

USCIS has not extended its temporary accommodation for delays in the labor condition application (LCA) process. Earlier, USCIS agreed to accept H-1B petitions without a certified LCA, in certain situations, for a limited time. This exception was available from November 5, 2009 to March 9, 2010. The USCIS has declined…

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Is Immigration reform dead after Health Care debate?

Immigration reform legislation is “dead” in the Senate this year, Sen. Lindsey Graham (R-S.C.) said. Graham, who’s sought to work with some Democrats on the controversial issues, said that healthcare efforts had “poisoned the well” for bipartisan cooperation going forward. Graham had partnered with Sen. Chuck Schumer (D-N.Y.) to work…

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Consular Processing – Why Was my visa denied to the U.S.A.?

Consular processing has undergone rapid and systemic changes during the past five years, and the rate and scope of change does not appear to be slowing. Enhanced security checks and inter-agency data sharing—among a massive wave of other changes—makes consular processing a daunting task that ensnare many unsuspecting visa applicants…

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H1B Visa Lawyer – Memo on Employer-Employee Relationship and impact on H-1B Entrepreneurs/Job Creators

The U.S. Citizenship and Immigration Services (USCIS) issued a memo dated January 8, 2010 that has great importance for the IT consulting industry and H1B filers in general. This memo specifies how USCIS personnel should determine the existence of the required employer-employee relationship when adjudicating H1B petitions. The memo, issued…