Archive for May, 2010

Where to File H-1B CAP Exempt Petitions For

5/24/2010 Written by Brian D. Zuccaro

Where do you file an H-1B cap exempt petition when the individual qualifes by working at a cap exempt facility rather than working for a cap exempt employer? In short, the answer is still the California Service Center. In a Practice Pointer found at AILA InfoNet Doc. No. 10052471, the Vermont Service Center (VSC) advises [...]Read More >

Guidance on Late Filed I-751 Petitions

5/20/2010 Written by Brian D. Zuccaro

The Vermont Service Center provided some insight into their approach in adjudicating untimely and late filed I-751 petitions. The information provided intimates that some explanation should be provided for the late filing or the I-751 could be denied without an RFE.The guidance also intimates that the burden on proving the bona fides of the marriage [...]Read More >

AC21 and the Three Year H-1B Extension

5/10/2010 Written by Brian D. Zuccaro

The Vermont Service Center (VSC) recently provided information regarding AC21 and requests for three year H-1B extensions. The VSC pointed out that even though an individual may be eligible for a three year extension under AC21, they will still look at overall facts to see if the individual will be needed for a three year [...]Read More >

Reentry Permits and Expedited Biometrics Request

5/5/2010 Written by Brian D. Zuccaro

It is much more difficult now to obtain an expedited biometrics request for reentry permit applicants. Prior to the implementation of the lockbox in December 2009, applicants could request an expedited biometrics appointment. Our office was successful in doing this for several clienst and obtaining biometrics appointments in a matter of days. Now, under new [...]Read More >