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Will You Make the H-1B CAP in 2023?!
On March 12, 2008, Bill Gates appeared before Congress and testified that the H-1B CAP “is arbitrarily set and bears no relation to the U.S. economy's demand for skilled professionals.” He also famously urged Congress to increase the H-1B CAP [...]
Will You Make the H-1B CAP in 2023?!
2023 appears to be a year where we finally see some balance in the way the H-1B CAP is utilized. Hopefully, you are among the lucky ones who get picked in this year’s lottery. Read more - https://www.linkedin.com/pulse/you-make-h-1b-cap-2023-vaman-kidambi
RFE – The Acronym that Continues to Confound and Bewilder Practitioners
Attorney Vaman Kidambi shares insights into the confusion surrounding "Requests for Evidence" (RFEs) and how seemingly extremely similar, if not identical, cases result in different outcomes, urging USCIS to reengage with stakeholders on this issue. https://thinkimmigration.org/blog/2022/11/30/rfe-the-acronym-that-continues-to-confound-and-bewilder-practitioners/
Let us Show you the R-O-P-Es! Additional Nonimmigrant Visa Options for Specific Purposes
Kidambi & Associates offers clients a variety of options when it comes to visa processing. Our knowledge and experience extend to additional nonimmigrant visa options that may fit your needs. Here are a few that we would like to discuss [...]
Making Hay While the Moon Shines! Employee’s Remote Work Gives Rise to “Moonlighting” Issue
We have seen the number of concurrent H-1B petitions continue to rise. As stated earlier, while the USCIS has no regulations that prevent an employer from filing a concurrent H-1B for full time employment, it does require a schedule of [...]
Slowing Down is the new “Normal” – The Ever-Increasing Backlogs in Immigration Processing
On September 28th, the Service made an announcement to automatically extend Green Card validity during a pending extension to 24 Months. The Service also announced that it began printing amended receipt notices for individuals with a pending Form I-90. While [...]
How Do I Qualify for EB-1? Simple Steps in Evaluating Eligibility for the Employment-Based First Preference
For India, the wait times for EB-2 and EB-3 (Final Action – April 2012) show no signs of abating. The short respite when EB-3 priority date galloped ahead and was at January 2015 (Filing Action) on the Visa Bulletin for [...]
Why Can’t my Parents Come and See their Grandson?! Immigrant Families must wait Years for a Visitor Visa
Investments in U.S. companies have been stalled due to the nonavailability of visas to allow legitimate visitors to enter and pursue investment opportunities. More importantly, the State Department is failing thousands of American citizens whose families are unable to visit [...]
The Kumars May Have to Go Home! The Dire Consequences of Delays in DOL’s PERM Processing
Most H-1B nonimmigrants who have been in the U.S. for over 5 years run the risk of not being able to extend their H-1B Visa beyond the sixth year. This is due to inordinate delays at the Department of Labor [...]
5 Considerations When Hiring an Immigration Lawyer
By Attorney Vaman Kidambi Let me start out by stating that the first thing you should do before hiring an immigration attorney is to check the attorney’s standing with the local Bar Association. This information is readily available online. For [...]
When Not to File an Amended H-1B Petition
In May 2015, the USCIS issued draft guidance following a precedent decision in Matter or Simeio Solutions, LLC (26 I&N Dec. 542 (AAO 2015)) on when to file amended H-1B petitions. However, in 2020 following the IT Serve Alliance case, [...]
Collateral Damage: The Consequences of Delays in Immigration
From attempting to change the definition of specialty occupation to expanding in-person interviews to all employment based cases and countless other similar restrictive actions, the previous administration sought to restrict the ability for businesses to attract and retain the foreign [...]
7 Things to Know About the H-1B CAP
The registration process for the H-1B FY2022 lottery begins shortly, and we have some tips and general guidelines for those looking to file this year. Our office is happy to assist you with these filings at no charge (except the [...]
5 Ways of Improving Your Chances of Filing a Successful H-1B CAP Petition
In 2020 the USCIS implemented a new electronic H-1B CAP registration process. What was once a painstaking process of filing entire petitions with filing fee checks (not to mention legal expenses), has now been simplified. In this linked in immigration [...]
“Remember who you are!” A Nation in Need of Knowing its History
In this blog post, AILA member Vaman Kidambi shares insights into the new USCIS mission statement and how it recognizes and honors our nation's diversity; he also highlights the important work of the American Immigration Council's Center for Inclusions and [...]
A Lawyer Does Not Immediately Answer on LinkedIn…for a Reason
Today, when responses are instantaneous and people expect instant gratification, the need to please is compelling. Take for instance the time when a client sent me an email message, followed by a phone call, all within ten minutes looking for [...]
Can Employers Withhold Pay for Lack of Time sheets?
Can Employers Withhold Pay for Lack of Timesheets? Employers contact me with this question all the time especially when the employee is off site at a client location. For instance, we had one employer call in frustratedly and complain that [...]
Winning Back-to-Back Approvals for EB-1A (Extraordinary Ability) and EB-1B (Outstanding Researcher)
By Matthew Snyder, Esq. Of the employment-based immigrant visa categories, the First Preference category has a certain sense of mystique and fascination. Intentionally, the USCIS regulations sets the bar very high for this employment based category. For the EB-1A, which [...]
Exceptions to Suspension of Entry Due to COVID Surge in India – What to Know and How to Apply for a National Interest Exception Waiver
Introduction For the past 10 days, we have been fielding calls from clients who have a compelling need to travel to, or from India. Unfortunately, the Presidential Proclamation[1] that went into effect on May 4th has made an already [...]
Rule Designed to Welcome Foreign Entrepreneurs with Non immigrant Visa Option
On May 10th , the Wall Street Journal reported that the Biden Administration is looking to revive an Obama era rule granting foreign investors a nonimmigrant visa option. As a first step, the Administration will formally withdraw the proposed rule [...]