h1visajobs.com thanks... 
Lorenzo Lleras,  Attorney at Law, Szabo,Zelnick&Erickson,P.C., for this news article.
(h1visajobs.com Ref#15June2000lleras)

In this article:

THE PROPOSAL TO INCREASE THE QUOTA

THE STATUS OF THE QUOTA THIS YEAR

IMPORTANT REMINDER FOR H-1B HOLDERS WHO HAVE DEPENDENTS IN H-4 STATUS

6/15/00 3:52:26 PM Eastern Daylight Time
From: www.usbusinessvisa.com(Szabo,Zelnick&Erickson,P.C.)
To: pkollaram@h1visajobs.com

Hello to our readers -

In this newsletter we will talk about the H-1B quota proposals, the status
of the quota for this year, and a tip for H-1B holders who have family
members in H-4 status.

THE PROPOSAL TO INCREASE THE QUOTA

It is now the middle of June and those of you anxiously awaiting the news
of the H-1B visa quota are probably wondering what is happening?

At the outset it looked as if it would be relatively easy to just increase
the quota. However, April, May and now half of June have come and gone
and a resolution has not been reached. First, there are many
legislators from both parties who would prefer not to increase the quota.
Those opposed to increasing the H-1B quota come from a variety of view
points: (1) some who believe that an increase is unwarranted because a
shortage of IT professionals does not exist; (2) some who worry about the
impact of such an increase on the labor market; (3) some who argue that
H-1B holders are paid less than American workers; (4) some who argue that
if there is a shortage it is because the IT industry is too picky; (5)
some who argue that if there is a shortage it is because the IT industry
discriminates against older workers; and finally, (6) some who believe all
or at least a combination of these points.

While opponents are obviously an obstacle, perhaps the biggest obstacle
is that even those who agree on increasing the quota, probably the
necessary majority from both parties, have not been able to reach a
consensus on how to do it. This is partly due to philosophical
differences as to how it should be done and to some extent over jockeying
for position to be able to claim credit for rasing the quota.

The bottom line is that it may not be until August when this is finally
resolved. If the quota is eventually increased, it is probably not going
to be in time for those waiting in line this year. For those of you who
are interested in the particular arguments going back and forth on this
issue, we would like to remind you that if you visit the news updates
section of our site at www.usbusinessvisa.com, you will find almost daily
updates concerning newspaper articles from all over the country discussing
the specifics of this political issue.

THE STATUS OF THE QUOTA THIS YEAR

The INS has stopped processing new H-1B petitions that were filed after
March 10th. The halt does not necessarily mean that cases filed after
March 10th did not make the quota. The INS is simply counting all the
approved petitions to have an accurate count of approved petitions to
date. This hold has been in effect for almost two weeks, and so far, INS
has not made any announcements.

For those of you who are merely extending or transferring H-1B petitions,
this is good news because INS has devoted much of its resources to these
types of cases. Especially those of you in the Northeast will be happy to
hear that Vermont is taking about three to four weeks to process an H-1B
transfer.

As soon as INS makes any substantial announcements concerning the H-1B
cap, we will e-mail them to all of you.


IMPORTANT REMINDER FOR H-1B HOLDERS WHO HAVE DEPENDENTS IN H-4 STATUS

The issue is simple but one that requires special attention. We have
covered it in the past, but so many people have contacted us concerning
this issue after it is too late, that it bears repeating.

The first problem is that many people mistakenly believe that an H-1B
extension will also extend the H-4 status for their family members. That
is incorrect. If the H-1B and the H-4s expire the same day, H-4
extensions must be filed along with the H-1B extension petition.

The second mistake is overlooking that the H-1B and H-4 may not have the
same expiration dates. This occurs most commonly when the H-1B has had
more than one H-1B approval notice. Here is a typical example to
illustrate the point:

John (H-1B) comes to the U.S. with his wife Mary (H-4). They both arrive
on January 1, 2000. The end date of the H-1B is January 1, 2003. When
they enter the United States, the INS officer stamps the I-94 cards for
John and Mary with an end date of January 1, 2003. One year later, John
is sponsored by another company. His H-1B is now good from January 1,
2001 to January 1, 2004.

In December of January 2003, John makes sure that his company file for an
H-1B extension for him. He correctly remembers that he must file an
extension for his wife. When he opens Mary's passport, John is shocked to
realize that her I-94 card already expired on January 1, 2003.

To avoid that situation, always make sure that your calendar reflects the
expiration dates for the H-1B and every H-4 in the family. Every time you
or a family member travels abroad, re-log the expiration date of the new
I-94 card on your calendars.

We hope that this information is helpful to you. If you have any
questions about immigration law, always feel free to write to us at
visainfo@usbusinessivsa.com

Best wishes,

The attorneys and staff of Szabo, Zelnick & Erickson, P.C.
www.usbusinessivsa.com

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