Please support this bill by signing this online petition: Please Vote ‘Yes’ on HR3012
(http://www.petition2congress.com/5686/please-vote-yes-on-fairness-high-skilled-immigrants-act/) . Your support helps many of intending immigrants who have been waiting for years for our green cards. If you have already signed this petition, please reach out to your friends. 

The above online petition is sponsored by ImmigrationVoice. In their own words “We [ImmigrationVoice] act as an interface between this [the most affected] set of immigrants and the legislative and executive branches of the government.” In the past they have continuously worked with several law makers and had many successes. Please read about them at: About Immigration Voice (http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47 )

The following is text from the USCIS web site.

Questions & Answers

Q1. What is “Cap-Gap”? A1. Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire through the start date of their approved H-1B employment period.  This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students.

Q2. How does “Cap-Gap” Occur? A2. An employer may not file, and USCIS may not accept, an H-1B petition submitted more than six months in advance of the date of actual need for the beneficiary’s services or training.  As a result, the earliest date that an employer can file an H-1B cap-subject petition is April 1, for the following fiscal year, starting October 1.  If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is October 1.  Consequently, F-1 students who do not qualify for a cap-gap extension, and whose periods of authorized stay expire before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.

Q3. Which petitions and beneficiaries qualify for a cap-gap extension? A3. H-1B petitions that are timely filed, on behalf of an eligible F-1 student, that request a change of status to H-1B on October 1 qualify for a cap-gap extension.

Note: Although the first business day of October 2011 is Monday, October 3, eligible F-1 students must make sure to request Saturday, October 1, as their start date in order to qualify for cap-gap extension.
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Timely filed means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period which begins April 1, while the student’s authorized F-1 duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the “grace period”).

Once a timely filing has been made, requesting a change of status to H-1B on October 1, the automatic cap-gap extension will begin and will continue until the H-1B petition adjudication process has been completed.  If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30 unless the petition is denied, withdrawn, or revoked.  If the student’s H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice or their program end date, whichever is later, to prepare for and depart the United States.

Students are strongly encouraged to stay in close communication with their petitioning employer during the cap-gap extension period for status updates on the H-1B petition processing.

Q4. How does a student covered under the cap-gap extension obtain proof of continuing status? A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt.  The student’s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.

If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer’s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted.  The student’s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.

Q5. Is a student who becomes eligible for an automatic cap-gap extension of status and employment authorization, but whose H-1B petition is subsequently rejected, denied or revoked, still allowed the 60-day grace period? A5. If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap-gap extension of status, the student will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States.

For denied cases, it should be noted that the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to the discovery of a status violation.  The student in this situation is not eligible for the automatic cap-gap extension of status or the 60-day grace period.  Similarly, the 60-day grace period and automatic cap-gap extension of status would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval.  In both of these instances, the student would be required to leave the United States immediately.

Q6. May students travel outside the United States during a cap-gap extension period and return in F-1 status? A6. No. A student granted a cap-gap extension who elects to travel outside the United States during the cap-gap extension period, will not be able to return in F-1 status.  The student will need to apply for an H-1B visa at a consular post abroad prior to returning.  As the H-1B petition is for an October 1 start date, the student should be prepared to adjust his or her travel plans, accordingly.

Q7. What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf?  It appears that F-1 status would be extended, but would OPT also be extended? A7. That is correct.  F-1 students who have entered the 60-day grace period are not employment-authorized.  Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1 petition was filed, there is no employment authorization to be extended).

Q8. Do the limits on unemployment time apply to students with a cap-gap extension? A8:  Yes.  The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap-gap extension.

Q9. What is a STEM OPT extension? A9. F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT employment authorization related to such a degree, may apply for a 17-month extension of such authorization.  F-1 students may obtain additional information about STEM OPT extensions on the Student and Exchange Visitor Program website at www.ice.gov/sevis.

Q10. May a student eligible for a cap-gap extension of post-completion OPT employment authorization and F-1 status apply for a STEM OPT extension while he or she is in the cap-gap extension period? A10. Yes.  However, such application may not be made once the cap-gap extension period is terminated (e.g., if the H-1 petition is rejected, denied, or revoked), and the student has entered the 60-day departure preparation period.

Q11. In recent years, employers have been able to file H-1B cap-subject petitions after April 1, and have not always requested an October 1 start date.  However, some students’ OPT end dates were nevertheless shortened to September 30, even though their H-1B employment would not begin until a later date.  What should the student do to correct this? A11. The student should contact their DSO.  The DSO may request a data fix in SEVIS by contacting the SEVIS helpdesk.

Q12. If the student finds a new H-1B job, can he or she continue working with his/her approved EAD while the data fix in SEVIS is pending? A12. Yes, if the (former) H-1B employer timely withdrew the H-1B petition and the following conditions are true:

The student finds employment appropriate to his or her OPT

The period of OPT is unexpired; and

The DSO has requested a data fix in SEVIS

Note: If the student had to file Form I-539 to request reinstatement to F-1 student status, the student may not work or attend classes until the reinstatement is approved.

Q13. If the student has an approved H-1B petition and change of status, but is laid off/terminated by the H-1B employer before the effective date, and the student has an unexpired EAD issued for post-completion OPT, can the student retrieve any unused OPT? A13. Yes, but only if USCIS receives the withdrawal request from the petitioner before the H-1B change of status effective date.  Once the petition has been revoked, the student must provide their DSO with a copy of the USCIS acknowledgement of withdrawal (i.e., the notice of revocation). The DSO may then request a data fix in SEVIS by contacting the SEVIS helpdesk.

If USCIS does not receive the withdrawal request prior to the H-1B petition change of status effective date, then the student will need to file a Form I-539 to request reinstatement and wait until the reinstatement request is approved, before resuming employment.

Q14. Can the student work past October 1 on their OPT (their EAD card will still show the original end date) if the request to change the end date back is pending? A14. If the H-1B revocation occurs before October 1, the student may continue working while the data fix remains pending, because the student will still be in valid F-1 status.

If the H-1B revocation occurs on or after October 1, the student will need to apply for reinstatement and wait until the reinstatement request is approved before resuming employment.

Q15. Are students in valid F-1 status while the request to change the OPT end date is pending? A15. If the H-1B revocation occurs before the H-1B change of status effective date, the student is still deemed to be in F-1 status while the data fix is pending.

If the H-1B revocation occurs after the H-1B change of status effective date, the student will not be in valid F-1 status and will therefore either need to apply for reinstatement or depart the United States.

Self Check was developed through a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to provide individuals a tool to check their own employment eligibility status, as well as guidance on how to correct their DHS and SSA records. It is the first online E-Verify service offered directly to workers. Available in English and Spanish, Self Check enables individuals to enter the same information into Self Check that employers enter into E-Verify.

In August 2011, Self Check became a bi-lingual service available to users in both English and Spanish, broadening the scope of the program to members of our U.S. workforce who are more comfortable reading Spanish-language materials.

For more information on Self Check, please visit www.uscis.gov/selfcheck.

What does the March 2012 Visa Bulletin say?

Employment-Based Category Two (EB-2):

China – advanced 4 months

India – advanced 4 months

Employment-Based Category Three (EB-3):

All Other Chargeability Areas – advanced 23 days

China – advanced 1month

India – advanced 7 days

Philippines – advanced 23 days

Mexico – advanced 23 days

Visa availability and cutoff dates are determined on a monthly basis by DOS based on anticipated demand. These dates can move forward, backward or remain unchanged. Employers and employees should monitor the monthly Visa Bulletins so they can properly plan their immigration cases.

For more information, or if you have any questions regarding the Visa Bulletin, please feel free to contact us.

USCIS can only approve a Form I-800 in a Hague Convention adoptee case after DOS has issued a certification of compliance under the Hague Adoption Convention and the Intercountry Adoption Act of 2000. At this time, DOS cannot issue certificates in Vietnamese adoption cases. Until further notice, USCIS will not be able to approve any Form I-800 that is filed on behalf of a child to be adopted from Vietnam. Because U.S. prospective adoptive parents cannot complete the immigration process for an adopted child from Vietnam, USCIS strongly urges parents to not file any Form I-800 on behalf of a child to be adopted from Vietnam.

The Hague Adoption Convention, which entered into force for the U.S. on April 1, 2008, protects the welfare of children, birth parent(s) and adoptive parent(s) engaged in intercountry adoptions. Effective April 1, 2008, new intercountry adoptions between the United States and other Hague Convention countries must comply with Hague Adoption Convention standards. Vietnam also ratified the Hague Adoption Convention and the Convention entered into force for Vietnam on Feb. 1, 2012. In the U.S., Hague Convention adoptions are processed on USCIS Forms I-800A and I-800.

Before the U.S. and Vietnam ratified the Hague Adoption Convention, Vietnamese intercountry adoption cases were processed on USCIS Forms I-600A, Application for Advance Processing of Orphan Petition, and I-600, Petition to Classify Orphan as an Immediate Relative. These intercountry adoptions took place under a bilateral agreement between the U.S. and Vietnam that expired Sept. 1, 2008. On Oct. 16, 2008, USCIS announced the U.S. and Vietnam would not resume new adoption cases until both countries signed either a new bilateral agreement or Vietnam acceded to and complied with the Hague Adoption Convention.

We will post on www.bashyamspiro.com when the DOS determines Vietnam can meet its obligations to the Hague Adoption Convention, which will allow USCIS to process Forms I-800 for adoptions from Vietnam.

Stay tuned!

To participate in this program, applicants must currently possess a valid 10-year U.S. passport book, upload an acceptable digital photograph and make an online payment in U.S. dollars via Pay.gov. Applications accepted through the program will be subject to the same adjudication standards as in-person or mail-in applications.

The Department of State began producing the passport card in 2008 in response to travel document requirements imposed by the Western Hemisphere Travel Initiative. Since then, more than 4.5 million cards have been issued. The wallet-sized passport card is a low-cost alternative to the passport book. The U.S. passport card costs $30 for current passport book holders, and is valid for land and sea travel to and from Canada, Mexico, the Caribbean, and Bermuda. It is not valid for international air travel.

To apply for the passport card using the online application, visit travel.state.gov.

Current Salvadoran TPS beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs through March 12, 2012.  USCIS will accept applications filed January 9, 2012 through March 12, 2012.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Salvadoran TPS beneficiaries who re-register on time will receive a new EAD with an expiration date of Sept. 9, 2013. USCIS recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending the current TPS El Salvador EAD bearing a March 9, 2012, expiration date for an additional six months, through Sept. 9, 2012.

To re-register, current TPS beneficiaries must submit an Application for Temporary Protected Status, Form I-821. TPS re-registrants must also submit an Application for Employment Authorization, Form I-765, regardless of whether they are applying for an EAD. Re-registrants do not need to pay the Form I-821 application fee, but they must submit the biometric services fee, or a fee waiver request, if they are age 14 or older. TPS re-registrants applying for an EAD must submit the Form I-765 application fee, or a fee waiver request.

Additional information on TPS for El Salvador, including guidance on the application process and eligibility, is available online at http://www.uscis.gov/tps.

Stay tuned to www.bashyamspiro.com for additional updates.

Here’s a breakdown of how things have changed since January 2012.

Employment-Based Category Two (EB-2):

China – advanced 1 year

India – advanced 1 year

Employment-Based Category Three (EB-3):

All Other Chargeability Areas – advanced 21 days

China – advanced 15 days

India – advanced 7 days

Philippines – advanced 21 days

Mexico – advanced 21 days

We are encouraged by the significant movement in the EB-2 category for India and China.  In two months, EB-2 for Indian and Chinese nationals has moved closed to two (2) years!  Check your priority dates, folks!

Stay tuned to www.bashyamspiro.com for additional updates.

Under current procedures, some illegal spouses of United States citizens (USCs) must return to their home countries and file for a I-601 waiver application in order to obtain permanent residency.  Approval of the waiver is not guaranteed, and the process itself often requires the relative to remain in their home country for many years.  If the waiver is ultimately denied, they could be stuck in their home country for up to 10 years.

The President’s proposal will allow illegal relatives of USC’s to file the I-601 waiver application in the United States instead of having to return to their home country first.  Therefore, families can be stay together while the waiver application being processed by the United States Citizenship and Immigration Service (USCIS).  If the waiver is ultimately denied, then the illegal relative would not be subject to a 10 year bar by having left the United States.

This new proposal is bound to generate controversy in some political circles.  However, it is welcome news for thousands of illegal spouses and children of USCs.  The proposal itself is not expected to take effect until later this year.  Stay tuned to www.bashyamspiro.com for further updates.

Here’s a breakdown of how things have changed since December 2011.

Employment-Based Category Two (EB-2):

China – advanced 9 1/2 months

India – advanced 9 1/2 months

Employment-Based Category Three (EB-3):

All Other Chargeability Areas – advanced 1 month

China – advanced 1 month and 7 days

India – advanced 7 days

Philippines – advanced 15 days

Mexico – advanced 15 days

We are encouraged by the significant movement in the EB-2 category for India and China.  This will likely make many applicants in that category ‘current’ in January 2012.

Stay tuned to www.bashyamspiro.com for additional updates.