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Archive for April 28, 2008

CAP-SUBJECT H-1B RECEIPTS HAVE STARTED TRICKLING IN

As of late last week, law firms have been reporting that cap-subject H-1B receipts have started to come in or that checks have been deposited by the USCIS.  Within the next few weeks, beneficiaries and their employers should know if they were the lucky ones. 

We will immediately notify our clients as soon as a receipt is issued or we see that a filing fee check has been processed - no need to call.

PERM APPLICATIONS PENDING FOR MONTHS IN ATLANTA

The following is not legal advice.  Please consult a qualified immigration lawyer for advice regarding your unique legal issue.

Many immigration firms are experiencing unbelievable delays in the time it is taking the Atlanta Processing Center to adjudicate PERM applications.  After June 1, 2008, that center will be the only game in town, and unless they make some serious improvements, labor certification applications will probably take as long as they did before the PERM system came into place.

Those delays that result in eventual denials could have serious consequences for those who have been in the US in H status for several years and wish to extend their H-1B beyond the sixth year.  These individuals need to show that their labor certification application has been pending for at least 365 days to extend beyond six years.

The lesson:  File PERM applications early to allow for errors and delays that are inevitable with the current labor certification system.

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