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Tuesday, February 24, 2015

Employment for H-4 spouses of H-1B holders

      DHS announces a final USCIS rule, effective May 26, 2015, that makes eligible for employment authorization H-4 spouses of H-1B nonimmigrants who are either the beneficiary of an approved I-140, Petition for alien worker, or are holding H-1B status under AC21 section 106(a) or (b), i.e. Applying for H-1B extension beyond 6-year limitation.
       So spouses of H-1B holders should file  the I-765 , Application for employment authorization, together with spouse's the I-539 and corresponding filing fee.
       This is great news for lots of foreign professionals whose spouses were not aloud to earn income. This new rule will significantly affects Indian community because the professionals from India have to wait for several years until the immigrant visa becomes available. 
        This is first step towards the immigration reform!

Monday, February 2, 2015

H-2 B visa is designed for Non-agricultural seasonal workers. Employer has to obtain labor certification from Department of Labor for its worker and subsequently apply to USCIS on behalf of workers on Form I-129. 
There is a statutory numerical limit, or “cap,” on the total number of individuals who may receive H-2B non-immigrant classification during a fiscal year. The Congress set up a numerical cap to 66,000 which are divided between the first half of the fiscal year (October 1 through March 31) and second half of the year (April 1 through September 30). 

USCIS has received a sufficient number of petitions to reach cap for  H-2B status for the first half of fiscal year  2015. 

Please do not send any H-2B petitions with request of employment start date prior to April 1, 2015.

See more info http://www.iv-law.com/immigration-lawyer/non-immigrant-visas/h-2-temporary-workers/