Tuesday, May 2, 2017

H-1B lottery: still waiting for the fat lady

The late American baseball player Yogi Berra used to say that "it ain't over 'til the fat lady sings." He meant that because baseball (unlike football, soccer, hockey or basketball) has no game clock, a team can never run out of time. Regardless of how far behind a team is, they still can win so long as they avoid making the third out of an inning. His mentioning a "fat lady" is a reference to opera, the ending of which is signified by a (usually female) opera singer's performance.

I mention this point because this morning, May 2, 2017, a client called me. She was happy because she learned that the H-1B filing fee checks of a co-worker had just been cashed.

Therefore, even though more than a month has passed since the H-1B filing period, one still could have been selected. If you are still waiting, you still might have a chance. For you, the fat lady might not have sung yet.

The above information does not constitute legal advice and does not form an attorney-client privilege.

Calvin Sun, Attorney at Law
215-983-3723
csun@calvinsun.com
We Chat: calvin_t_sun

Friday, April 28, 2017

H-1B lottery results: check cashing can precede mailing

If your employer filed an H-1B cap-subject petition for you at the beginning of April, you might still be unsure of whether or not you survived the lottery. The clearest indication, of course, is that your attorney or employer received the I-797 notice, which would contain your receipt number. However, that receipt can take awhile to arrive.

In many cases, a better indication is the cashing of your filing fee checks. For this reason, you might want to consider checking with your company's accounts payable people. In particular, the government might cash the checks before sending you the receipt.

You may be encouraged to know that some employers are still having those checks cashed. Yesterday, for example (April 27) one current F-1 student called to say that it happened with him and his employer. I was happy to hear this news, because I still had not received his receipt. I expect to get it in the next few days. In other words, the government can cash the filing fee checks before sending you the receipt.

Therefore, even if you haven't heard anything by now, you still could have been selected. It isn't over until your employer receives back your petition papers, along with the uncashed checks.

The above information does not constitute legal advice and does not form an attorney-client relationship.

Calvin Sun, Attorney at Law
610-296-3947, cell 215-983-3723
csun@calvinsun.com
We chat: calvin_t_sun

Tuesday, April 25, 2017

New green card format effective May 1, 2017

USCIS is changing the format of green cards effective May 1, 2017. See this link. The new format will contain features that make forgery more difficult.

Please remember that the use of fraudulent or false immigration documents is NOT COOL, and could prevent you from becoming a permanent resident or a U.S. citizen. It also could lead to your being prosecuted.

If you are holder of a "conditional" green card, which is good for only two years, you MUST apply in time to remove the conditions. Otherwise, you are subject to removal. Examples of conditional green cards are those based on a fewer-than-two-years-old marriage, as well as the initial EB-5 investment green card.

Text follows:

USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents
Release Date:
       
WASHINGTON – U.S. Citizenship and Immigration Services today announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use.

The new card designs demonstrate USCIS’ commitment to continue taking a proactive approach against the threat of document tampering and fraud. They are also part of an ongoing effort between USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement to enhance document security and deter counterfeiting and fraud.

The Redesigned Cards
The new Green Cards and EADs will:
  • Display the individual’s photos on both sides;
  • Show a unique graphic image and color palette:
    • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
    • EAD cards will have an image of a bald eagle and a predominately red palette;
  • Have embedded holographic images; and
  • No longer display the individual’s signature.
Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid
Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card. For additional information on which EADs are covered, please visit the Temporary Protected Status and American Competitiveness in the 21st Century Act web pages on uscis.gov.

Both versions are acceptable for Form I-9, Employment Eligibility Verification, E-Verify, and Systematic Alien Verification for Entitlements (SAVE). Some older Green Cards do not have an expiration date.  These older Green Cards without an expiration date remain valid. Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen.

Eligibility for Green Cards and EADs
For more information about the Green Card application process, please visit USCIS.gov/greencard.
To request an EAD, you must file Form I-765, Application for Employment Authorization. Visit uscis.gov for more information about EADs.

The above information does not constitute legal advice and does not form an attorney-client relationship.

Calvin Sun, Attorney at Law
215-983-3723
csun@calvinsun.com
we chat: calvin_t_sun