Archive for April, 2010

A commonly asked question is ” what do I do if I lost or cannot find my I-94 card.”

An I-94 Form is an Arrival/Departure card that is completed at a port of entry that shows your name, your I-94 number, visa designation, and amount of time allowed to be in the United States.  It is stamped by the admissions officer at the airport where you make your entry and then stapled onto your passport.  (Beware: Not always stapled)!

You need the I-94 card:

- When seeking an extension of stay

- When seeking a change of status

- When seeking adjustment of status/green card

- When departing the United States as proof of departure/compliance with previously granted status.

If you lose the I-94 card, you may request a replacement by filing a form I-102 with the USCIS office,  and paying the filing fee required for the form.

Unlike prior years when all 65,000 H-1B visas would be exhausted in five days or less, this year, the trend indicates a different story.  As of April 15, 2010, USCIS reports that approximately 13,600 H-1B cap-subject petitions had been filed.

USCIS has approved 5,800 H-1B petitions for aliens with advanced degrees.

This may offer students graduating in May 2010 some hope of securing a H-1B Visa (assuming they find a job) as previously no H-1B visas would be available by the time of their graduation in May.

You may contact our office if you wish to discuss how you or your employee may obtain H-1B status.  H-1B Visas are sponsored by a US Employer to a person holding a Bachelor’s degree in a specialty occupation.  For a detailed analysis of the H-1B visa program, please see a previous post that discusses the H-1B visa.

Often people visiting or living in the United States on a temporary basis wish to extend their stay or gain a new status.  You may obtain that new status by either changing your status or adjusting your status.  What is the difference in the two?

Changing status often refers to your shifting from one nonimmigrant (temporary) visa to another.  For example, you are a visitor and wish to become a student.  You would have to file a form I-539 to change status to F-1 Student. You may be a Student who wishes to become a professional worker.  You would need to change status to obtain the new status.  Not all change of status applications are filed on the same form.  Here for example, to become a professional worker, you would file a form I-129.

Adjusting status refers to your becoming a permanent resident.  Therefore, a student who wishes to obtain a green card has to adjust status if present in the United States.  The most common application form for adjustment is the form I-485.

So, changing status denotes a shift from one temporary (nonimmigrant) visa category to yet another, but different, nonimmigrant category.  Adjusting status is the process of obtaining permanent residence in the United States.

WASHINGTON – The Haiti government has requested that the United States provide them with a final list of orphans being considered under the Special Humanitarian Parole Program for Haitian Orphans.  As a result, U.S. Citizenship and Immigration Services (USCIS) will stop accepting new requests for consideration under the special program as of April 14, 2010, and will resume regular processing of intercountry adoptions.

USCIS believes the vast majority of adoption requests for orphans who meet the criteria of the special program have already been submitted.  Since January 18, USCIS has authorized parole for more than 1,000 orphans under the special program, and as of April 5, approximately 340 cases are still being considered.  The unprecedented program included safeguards to ensure that each child granted parole was truly available for adoption and had been matched to a suitable U.S. citizen for adoption.

In response to the emergency situation in Haiti following the January 12 earthquake, Department of Homeland Security Secretary Janet Napolitano authorized the use of parole for two specific and limited groups of Haitian children:

• Children who either had full and final adoptions completed by their U.S. parents before the earthquake and who were legally confirmed as eligible for intercountry adoption by the government of Haiti.
• Children who were far enough along in the adoption process that both the U.S. and Haitian governments could verify the identity and eligibility of the children for adoption, and the U.S. government could confirm the suitability of the adoptive parents.

Going forward, intercountry adoption cases involving Haitian orphans will again be processed through normal procedures.  The government of Haiti has already begun accepting new documents for adoption cases and the U.S. Embassy in Port-au-Prince has resumed regular processing.

More information about humanitarian parole and intercountry adoption is available online at www.uscis.gov/humanitarianparole and www.uscis.gov/adoptions, or by calling USCIS toll-free at (800) 375-5283.