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H-1B Cap for FY2011

USCIS announces  that  it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2011 since the filing window opened on April 1 last year.

H-1B Cap

USCIS announces  that  it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2011 since the filing window opened on April 1 last year.

H-1B cap

H-1B  meaning

H-1B petitions

H-1B season updates

Requests to expedite adjudication of Form I-601

USCIS draft memorandum on requests to expedite adjudication of Form I-601, Application for Waiver of Grounds of Inadmissibility, filed by individuals outside the U.S.

Form I-601

I-601 meaning

I-601 petitions

Our Immigration Law Firm

Decision on Review of Sua Sponte Reopening

The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful standard to allow court review of sua sponte reopening. (Mejia-Hernandez v. Holder, 1/27/11)

New York Penal Law §263.05

The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)

How Petitioner violated Cal. Health & Safety Code §11352(a)?

The court remanded, finding the record inconclusive as to how Petitioner violated Cal. Health & Safety Code §11352(a), and that the BIA erred in concluding he had been convicted of an aggravated felony trafficking offense. (Young v. Holder, 1/28/11)

Petitioner: questions and answers

Petitioner to pursue an argument never presented to the BIA

Petitioner income

Our Immigration Law Firm

Denial of Indonesian Asylum Claim

The court found that the harm suffered by Petitioner did not rise to the level of persecution and that her returns to Indonesia, and the presence of family in Indonesia without further violence, undercut her fear of future persecution. (Ritonga v. Holder, 1/28/11)

https://cbocalbos.wordpress.com/tag/asylum-2/

https://cbocalbos.wordpress.com/tag/appeal-asylum/

https://cbocalbos.wordpress.com/tag/asylum/

https://californiaimmigration.us/asylum/

Denial of Unsigned ETA 9089

BALCA affirmed the CO’s denial and rejected the employer’s argument that he was forced to submit the application without the alien’s signature because the alien currently works in a rural region of Kosovo with limited mail service. (Matter of Café Italiano, 1/27/11)

https://cbocalbos.wordpress.com/tag/denial-of-unsigned-eta-9089/

https://cbocalbos.wordpress.com/tag/eta/

https://cbocalbos.wordpress.com/tag/eta-9089/

https://californiaimmigration.us/our-immigration-law-firm/

Travel Warning for Egypt

DOS authorized the voluntary departure of dependents and non-emergency employees of the U.S. Embassy in Cairo. The Embassy is open for emergency services for U.S. citizens only until further notice. No arrangements have been announced for rescheduling IV or NIV appointments.

OCAHO found that the penalties sought by ICE were disproportionate

The Office of the Chief Administrative Hearing Officer (OCAHO) found that the penalties sought by ICE were disproportionate to the company’s size and resources, and ordered the respondent to pay $27,150 in civil penalties for failure to prepare and/or properly complete I-9 forms. (U.S. v. Snack Attack Deli, Inc., 12/22/10)