H1b update as of November 27, 2009

As of November 27, 2009, approximately 58,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H1B update as of November 20th, 2009

As of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Tahmina quoted in the Wall Street Journal

Please note that the following article was plagiarised from the article published  Little India Magazine, ”Return to India,” June 17, 2009 authored by Shiwani Srivastava and Amy Bhatt. You can find links to this article in both my blog archives and my website. I was not aware of the plagiarism when I posted this item on my blog.  Let’s hope Wall Street Journal will reprint the original article!

Reprinted from the Wall Street Journal:

Homeward Bound- by Mona Sarika (published November 9, 2009).

Sudhir Kapoor, 25, got the call from his employer late last year. It was bad news: The economic downturn meant the technology company had to let him go.

He had arrived on an H-1B visa for highly skilled workers—but the layoff left two options: quickly find another job or go back home. In a few weeks, he was on a plane to Mumbai.

“”I do feel bad for anyone losing a job, whether it’s an American or an H-1B foreign worker. But for H-1B foreign worker, if we don’t get a job, we have to go back to our home countries,” said Mr. Kapoor.

As The Wall Street Journal reported late last month, this years marks the first time in a long while that H-1B visas are going unused. As of Sept. 25 — nearly six months after the U.S. government began accepting applications for H-1s– only 46,700 petitions had been filed. Last year, all 65,000 were spoken for on the first day.

To read the rest of the article, please click here.

WIL attends South Asian Bar Association of WA annual banquet

On Friday November 13, 2009, the South Asian Bar Association of Washington (SABAW) held its annual banquet at the new Hyatt Hotel- Olive & 8, in downtown Seattle. The event was attended by some 230 guests including many judges.   Dean Testy of the University of Washington was the key note speaker.  In her speech, she encouraged people to be ‘otherwise’ or strive to be better in what they do.

At the banquet, Ms. Poologasingham, the outgoing president (pictured to the right with Tahmina), gave a wonderful speech outlining all the achievements of SABAW in the past 12 months.  The new president Mr. Rajiv Sarathy took over reigns thereafter.  Undoubtedly, he will do a fantastic job in directing the organizing in 2009-2010.  WIL wishes him all the best.

H1b update as of November 13, 2009

Reprinted from USCIS:

As of November 13, 2009, approximately 55,600 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H1b update as of Nov. 6, 2009

Reprinted from USCIS:

As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

USCIS extends use of old G-28 form

USCIS annouced that the old G28 form will be accepted until further notice, though it is encouraged to use the new version.  This is to accommodate law students who represents immigrants and are not listed on the new version of the form.

 

 

 

WIL in the community- Updates

On November 4th 2009, Tahmina attended Seattle University Law School to participate on a panel giving advice to law students.  The Brown Bag session organized by KCWWL and S.U. was attended by approximately 40 students from all levels at law school.  The session was aimed at giving advice to students who are facing tough times after graduation due to the poor economy. 

In other news, WIL paralegal and an avid runner, Gulsima Nation participated in the Tri Cities marathon.  She completed the race in 3. 40 hours.  By virtue of completing this marathon, Gulsima qualified for the Boston marathon, in which she will participate in due course.  WIL is very proud of her!

Public Charge Fact Sheet

Reprinted from USCIS:

Introduction Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation.  An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident.  However, receiving public benefits does not automatically make an individual a public charge. This fact sheet seeks to inform non-citizens about public charge determinations and help them to make informed choices about whether to apply for certain public benefits.

 Background

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, “at the time of application for admission or adjustment of status, is likely at any time to become a public charge.”   If an individual is inadmissible, admission to the United States or adjustment of status is not granted.  Immigration and welfare laws have generated some concern about whether a non-citizen may face adverse immigration consequences for having received Federal, state, or local public benefits.  Some non-citizens and their families are eligible for public benefits – including disaster relief, treatment of communicable diseases, immunizations, and children’s nutrition and health care programs – without being found to be a public charge.
 
Definition of Public ChargeFor purposes of determining inadmissibility, agency guidance has, since 1999, defined “public charge” to mean an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.” See “Field Guidance on Deportability and Inadmissibility on  Public Charge Grounds,” 64 FR 28689 (May 26, 1999).  In determining whether an alien meets this definition for public charge inadmissibility, a number of factors must be considered, including age, health, family status, assets, resources, financial status, education, and skills.  No single factor – other than the lack of an affidavit of support, if required -  will determine whether an individual is a public charge. Benefits Subject to Public Charge ConsiderationThe agency guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and State or local cash assistance programs for income maintenance, often called “General Assistance” programs.  Acceptance of these forms of public cash assistance could make a non-citizen inadmissible as a public charge, if all other criteria are met.  However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds.  See “Field Guidance on Deportability and Inadmissibility on  Public Charge Grounds,” 64 FR 28689 (May 26, 1999).  Each determination is made on a case-by-case basis in the context of the totality of the circumstances.In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as part of the public charge analysis of the totality of the circumstances.  Short-term insitutionalization for rehabilitation is not subject to public charge consideration. Benefits Not Subject to Public Charge ConsiderationUnder the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration.  Such benefits include: • Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care, and emergency medical services) other than support for long-term institutional care
• Children’s Health Insurance Program (CHIP)
• Nutrition programs, including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs
• Housing benefits
• Child care services
• Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
• Emergency disaster relief
• Foster care and adoption assistance
• Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary, or higher education
• Job training programs
• In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)
• Non cash benefits under TANF such as subsidized child care or transit subsidies
• Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans’ benefits, among other forms of earned benefits, do not support a public charge determination.
• Unemployment compensation is also not considered for public charge purposes 

Some of the above programs may provide cash benefits, such as energy assistance, transportation or child care benefits provided under TANF or the Child Care Development Block Grant (CCDBG), and one-time emergency payments under TANF.  Since the purpose of such benefits is not for income maintenance, but rather to avoid the need for on-going cash assistance for income maintenance, they are not subject to public charge consideration.

USCIS offering free naturalization sessions!

USCIS is offering the public free naturalization sessions.  Learn about the requirements of citizenship, the application process and much more. Click here to find a location near you.