Tag Archives: H1B Visa

Spouses Of H1B Visa holders Can Continue To Work

H1B visa sponsorship

In a temporary relief to thousands of Indians living in America, a US court has refused to strike down, for the time being, an Obama-era rule that allowed spouses of H-1B visa holders to work in America.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations.

A 2015 rule issued by US President Donald Trump’s predecessor Barack Obama allowed work permits for certain categories of H-4 visa holders, primarily spouses of those having H-1B work visas waiting for their Green Card, to work in the US.

Indians, in particular women, were the greatest beneficiary of this rule, which has been challenged by several US workers with the current Trump administration supporting their cause, saying that it wants to rescind the rule.To know more info on jobs for h1b visa holders check Orphosys Corp.

A three-judge bench of the US Courts of Appeals for the District of Columbia Circuit on Friday sent the case back to a lower court noting that it is “best to remand” to give the district court an opportunity to thoroughly assess and finally determine the merits in the first instance.

“Accordingly, we reverse the district court’s grant of summary judgment and remand for further proceedings consistent with this opinion,” the federal court said in its order on the lawsuit filed by Saves Jobs USA.

Saves Jobs USA comprises of American workers who claim that they have been laid off due to the policy of the Obama administration to provide work permits to H-4 visa holders.

By making H4 visa holders eligible for lawful employment, the Department of Homeland Security (DHS), which oversees immigration, sought to “ameliorate certain disincentives that currently lead H1B non-immigrants to abandon efforts to remain in the US while seeking (lawful permanent resident) status, thereby, minimising disruptions to US businesses employing such workers”, the court said.

It noted that the government has explained that H1B non-immigrants and their families often face long delays in the process of obtaining permanent residence, and H4 visa holders’ inability to work during these delays leads to “personal and economic hardships” that worsen over time,

“Increasing the disincentives for H1B non-immigrants to pursue lawful permanent resident status and thus increasing the difficulties that US employers have in retaining highly educated and highly skilled non-immigrant workers”. For more information on H1B Visa visit Byteintobigdata

The judges also observed that the rule will cause more H1B visa holders to remain in the US than otherwise would an effect that is distinct from that of the H1B visa holders’ initial admission to the country.

What Are The FAQs About School Evaluations

Educational Evaluations in US

Deciding to have your child evaluated is a big step. You may have questions about the process. Here are some frequently asked questions about evaluations.

What happens with the evaluation results?

The results of your child’s evaluation will be used to see if your child is eligible for special education services. If your child is eligible, the team will write an Individualized Education Program (IEP) to meet your child’s needs.

If your child is found ineligible, there are a number of things you can do. Once your child’s evaluation is complete, it can give you a better idea of why your child is struggling in school.

This information can help you figure out the best ways to support your child at home, in school and in the community.

How long does the evaluation take?

IDEA says your child’s school must complete testing and issue an evaluation report within 60 calendar days from the day you give written permission, unless your state has established a different timeframe. For H1B Visa Process Visit UT Evaluators.

After the evaluation report is issued, IDEA allows for another 30 days for the team to meet to discuss eligibility and write an IEP for an eligible student. There are no such deadlines for private testing.

Does the school need my permission to evaluate my child?

The school must get your consent before evaluating your child. You’ll be given what’s called prior written notice.

You’ll also get an evaluation plan telling you which tests and assessments are recommended. If you give consent, you’ll receive information about who will be doing the testing.

What does the evaluation cover?

By law, an evaluation has to get information about all the areas of “suspected disability.” This means it has to cover all areas in which your child is thought to be having difficulty.

These can include health and development, vision, hearing, motor skills, language, self-help skills, academic performance and social-emotional health.

What happens during an evaluation?

The evaluation process involves more than just giving your child a test. It looks at your child’s overall performance in school. This includes observing your child in the classroom and talking with your child.

It also involves looking at school and medical records and speaking with you and your child’s teachers.To know more info on H1B Visa check Agropedia

What are the benefits of getting my child evaluated?

The evaluation process can provide more information about the specific issues that are causing your child’s difficulty with learning. It’s also a way to see if your child is eligible for special education services.

Having special education services can give your child extra support in the classroom to make learning a little easier.

Who does the evaluation?

A team of professionals performs the evaluation. Each member of the team has special knowledge and training in the area that’s being assessed. For example, a speech-language therapist has specialized training in language issues.

A psychologist is trained in administering educational testing. The team works together to look at all of your child’s skills.

Who pays for the evaluation?

If your child is referred for special education evaluation at school, the school is required to pay for it. If the school agrees that there’s evidence of a “suspected disability,” the school district must do a comprehensive evaluation that looks at the trouble areas identified.

You may also choose to have private testing done. Under most circumstances, this is not something your child’s school will pay for.

H-1B Lottery 2020 Predictions

 H1B Visa

USCIS will officially begin accepting petitions for the H-1B Visa 2020 on April 1st, 2018 for the next fiscal year which spans from October 1st, 2019 to September 30th, 2020. In other words, all petitions filed after April 1st will apply for the H-1B visa 2020 lottery.

What is the H-1B Visa Cap?

The H-1B Visa cap, enforced by USCIS, has a congressionally mandated limit of 65,000 for the regular pool and an additional 20,000 for the advanced degree. Be aware that not all H-1B nonimmigrant visas are subject to the annual cap. For H1B Visa Process Visit UT Evaluators

Who is Exempt from the H-1B Cap?

In order to be considered a cap-exempt petition, you must have either been previously counted against the cap or have a position with a cap-exempt employer. Note that certain position with qualified employers are not subject to the H-1B annual quota even if the candidate has not been counted against the cap previously.

An employer who is cap exempt generally falls into one of the following categories:

A. Non-profit organization. This is defined by the USCIS as an organization that is “primarily engaged in basic or applied research”

B. Governmental Research Center

C. Institute for Higher Education

Additionally, if you are already an H-1B visa holder and want to transfer employers or extend your status, then you have already been counted against the cap and your petition will be considered cap-exempt.

Keep in mind that transferring your status from one employer to the next has a caveat. If you originally came to the U.S. through a cap-exempt employer, then transferring to another cap-exempt employer is not a problem. However, if you decide to transfer to a cap-subject employer, you will need to go thropugh the lottery process.

That employer will not be able to file until April 3rd, your petition would need to be randomly selected in the cap, and you would not be able to switch employers until October 1st. Essentially, it would be like opening a brand new case. To know more information on H1B Visa  check Bpas

This is to prevent those who would enter the U.S. through a cap-exempt employer just to switch over to a cap-subject employer with the goal of subverting the lottery.

“H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap (see the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229).

H-1B workers in Guam and the CNMI are exempt from the H-1B cap if their employers filed the petition before December 31, 2019. Employers cannot file a petition or an extension request for an employee more than six months before the intended employment start date.” Source

H-1B Extension Fees & When To File An H-1B Extension

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In order to get your H-1B visa extension, your employer will be subject to the same fees that were involved with the original visa. These include:

A. The filing fee for another I-129 petition: $460

B. The amended Public Law 114-113 fee (if applicable): $4,000

C. The ACWIA fee: $750 or $1,500 depending on whether your employer has more or less than 25 employees.For H1B Visa Process Visit UT Evaluators

D. The Fraud Prevention and Detection Fee: $500

E. Any optional fees such as

        1. Premium processing: $1,225

  2. Attorney fees: You can see our flat fees here.

It is important to remember that your employer is responsible for almost all required fees. However, the premium processing fee can be paid either by you or your employer. Speak with an immigration attorney to get a better understanding of the fees involved with getting an H-1B visa extension.

When to File an H-1B Extension

It is never a good idea to wait until your H-1B visa is about to expire to file for an extension. If you end up having to file after your visa has expired, you will run the risk of experiencing serious difficulties that could jeopardize your extension approval. If your visa has expired and you are considered “out of status”, H1B Visa Process Check here

you will need to submit evidence of all of the following:

A. That you have maintained legitimate nonimmigrant status

B. That the delay was necessary or outside of your control

C. That the amount of time the delay took was within reason

D. That you have not violated your status under the H-1B visa

E. That you are not in the process of being removed from the U.S.

If you find yourself caught out of status before filing for an extension, connect immediately with an immigration attorney to see what steps you need to take next in order to increase the chances of H-1B extension approval.