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Ashwin Sharma is an Immigration Lawyer who caters to the special needs of the Indo-American population. He is based in Jacksonville, Florida and represents clients in Florida, Georgia, Texas, Canada, India and the U.K. He can be reached at 904-779-0111 or jaxlawyer@gmail.com.
Click here to visit  Sharma’s new website, www.immigrationfirm.net for detailed information on Immigration topics.

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Get answers to all your Immigration-related questions. Write to us at contact@nripulse.com. Ashwin Sharma will answer each query. All questions and answers will be published in the forthcoming issues of NRIPulse.com.

The FY2007 H-1B Season Is Upon Us 

Some pointers to maximize your success of obtaining an H-1B this year

The FY2007 H-1B visa quota opens Saturday April 1, 2006. There is no way to predict how long the quota will last with any degree of accuracy, therefore, it is advisable to file petitions as soon as possible. Last year's quota ran out Mid-August 2005 - it was expected by many to last until at least September or October 2005. Since the IT market is booming, it is expected that this year's quota will run out faster than last year. 

Employers can petition for H-1B nonimmigrant workers as early as six months prior to the employee's anticipated start date. Therefore, if an employer wishes to have an employee start on October 1, 2006, the earliest date that the employer may file the petition with the USCIS is April 1, 2006. 

This year I urge those of you who hold a US Masters degree or higher to file only for one of the 20,000 visas available for holders of advanced degrees. Ensure that your attorney has selected this exemption, and not the regular 65,000. This will obviously increase the number of visas for other applicants who only hold an undergraduate degree. 

Some pointers to maximize your success of obtaining an H-1B this year:

1. File early.

2. Ensure that you have compiled all of the documentation that your employer or attorney has requested. Missing, incomplete, or unlegible supporting documentation will contribute to higher than normal processing delays due to the hectic filing period immediately following April 1, 2006. On a related note, confirm that your employer has also put together all necessary documentation. Following up with employers is crucial, especially those who are not familiar with the H-1B process.

3. Make legible copies of all documents. Always include photocopies of both sides of your SSN and I-94 (if applicable). 

4. Again, if applicable, be sure to get your educational evaluations completed early. 

5. Include documentation showing your valid status until at least October 1, 2006. If you are presently in H4 or other dependent status, obtain documentation showing that your spouse is in valid status until at least October 1, 2006. 

6. Make certain that your job title matches your educational and/or work experience background. Occupational Outlook Handbook (OOH), 2006-07 Edition (OOH), 2006-07 Edition to investigate the correlation between your job title, job duties and skill sets with your qualifications.

7. Make sure that your employer is offering the prevailing wage for your job and job location.

8. Discuss any past visa denials with your attorney.

Click here to view our firm's H-1B page, visit our blog , or call us at 904-779-0111 if you have any questions about H-1B processing.

READERS' QUESTIONS

Travel Abroad With Previously Stamped H-1B Visa

Hi Ashwin,
Is travel abroad possible based on a previously stamped H-1B visa?
Bijay P.


Hi Bijay,

The legacy INS Memorandum from Michael A. Pearson, Executive Assoc. Comm'r, Office of Field Operations (January 29, 2001)
states that an H-1B beneficiary is admissible at a port of entry even if he or she is no longer working for the original petitioner, provided that the following conditions are met: 
1. The applicant is otherwise admissible;

2. The applicant, unless exempt under 8 CFR §212.1, §1212.1, is in possession of a valid, unexpired passport and visa (including a valid, unexpired visa endorsed with the name of the original petitioner);

3. The applicant establishes to the satisfaction of the inspecting officer that he or she was previously admitted as an H-1B or otherwise accorded H-1B status. If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petition's validity dates; and 

4. The applicant presents evidence that the new petition was filed timely with the Service Center, in the form of a dated filing receipt, Form I-797, or other credible evidence of timely filing. In order to be a timely filing, the petition must have been filed prior to the expiration of the H-1B's previous period of admission. The burden of proof is on the applicant to show that he or she is admissible as an H-1B and eligible for visa portability provisions described in AC21. Please ensure that you collect all proper documentation prior to utilizing this process. In addition, you should obtain a letter from your current employer certifying that they are aware of your trip. If possible, consult an attorney for details concerning your specific case.


Driver's License Issuance

Dear Ashwin,
I'm interested in obtaining a driver's license, however, I believe I may be out of status. How do I find out whether I am eligible and what I need to bring to get a driver's license? 
Ronaldo


Hi Ronaldo,
Click here for more information about Driver's License Issuance.



Change of Address

Hi Ashwin,
I'm planning to change my address, I heard that I need to contact the INS and let them know? 
Chandra


Hi Chandra,
All aliens changing their address must complete and file a form AR-11 and send it to one of the two addresses below: 
U.S. Department of Homeland Security
USCIS
Change of Address
P.O. Box 7134
London, KY 40742-7134

For commercial overnight or fast freight services, only: 

U.S. Department of Homeland Security
USCIS
Change of Address
1084-I South Laurel Road
London, KY 40744 

Thanks,

Ashwin

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