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10.0James A. Bach





California State Bar Membership Confirmation

Member, American Bar Association




News and Facts
News and Facts*

Focus On:

bullet Marriage Based Immigration
bullet Physicians
bullet Naturalization
bullet Labor Certification Applications
bullet Investor Visas
bullet H-1B Petitions
bullet Waiver of Immigration Bars
Articles by James A. Bach

STEM OPT: An Employer's Perspective

bullet What is an "Affidavit of Support"?
bullet A Lie Can Exclude You From the United States Forever
bullet Priority Employment-Based Immigration: The EB-1 Category

Portability: Can You Change Jobs Without Jeopardizing Your Immigration Status?


Planning For Employment-Based Quota Backlogs


Who Can Benefit From PERM Labor Certification?


Summary of the PERM Labor Certification Procedures


Immigration Opportunities for Nurses


DHS Procedures For Tracking Visitors to the U.S.

bullet Child Status Protection Act; Diversity Immigrant Visa Program
bullet Change of Address; Consular Interviews in Canada and Mexico

INS Limits Change from Visitor to Student Status, and Limits Time of Visit

bullet Labor Certification Strategies

Expedited Removal; Reciprocity Fees; Leaving U.S. While Application For Extension or Change of Status is Pending

Past developments
bullet ICE Summarizes I-9 Investigations and Penalties 11/19/09
bullet Congress Reintroduces the "Dream Act" (3/26/09)
bullet Registration Requirements (ESTA) for Visa Waiver travelers  (3/18/09)

H-1B employees are out of status the moment their employment is terminated (12/87/2008)

bullet TN status term increases from one to three years (10/16/08)
bullet New Vaccination Guidelines (7/25/08)
bullet USCIS Discusses Reentry Permits (7/8/08)
bullet I-140 Premium Processing Available For Those Who Will Reach 6-Year H-1B Limit (6/12/08)
bullet More OPT Q's & A's (5/27/08)
bullet OPT Policy Guidance (4/25/08)
bullet Naturalization Processing Times (4/22/08)
bullet List of STEM Degrees Eligible for OPT Extension (4/11/08)
bullet OPT Extension FAQs (4/10/08)
bullet USCIS Reaches 2009 H-1B Cap (4/8/08)
bullet Text Of New OPT Extension Rule (4/8/08)
bullet OPT For Some F-1 Students Extended To 29 Months (4/8/08)
bullet USCIS Memo Discusses State Licensing Requirements For H-1B Petitions (3/21/08)
bullet EAD Extension Cannot Be Filed Early (2/5/08)
bullet Naturalization Through Military Service (1/28/08)
bullet AAO Decision Overturns Denial Of "Outstanding Researcher" Petition (posted 12/10/07)
bullet Those With DUI Convictions Will Have Problems Getting Visas (10/9/07)
bullet E-Verify News Release (9/25/07)
bullet "Safe Harbor" For Employers Who Receive "No Match" Letters From SSA (8/10/07)
bullet PERM Labor Certification Statistics (6/11/07)
bullet USCIS Announces New Fee Schedule, Effective 7/30/2007 (5/29/07)
bulletSummary of Proposed Immigration Law (5/18/07)
bullet New Labor Certification Rules (5/17/07)
bullet O and P Petitions Can Be Filed One Year In Advance (4/11/07)
bullet Congress Proposes "Dream Act" To Give Green Cards To Out-Of Status Immigrants Who Entered The U.S. Before Age 16 (3/5/07)
bulletImmigrants can now report change of address online (1/12/07)
bullet Who can avoid visa interviews at a U.S. Consulate (12/18/06)
bullet New Law Makes It Easier For Athletes To Compete In The U.S. (12/12/06)
bullet Time Spent In H-4 Status Is No Longer Charged Against H-1B 6-Year Limit (12/5/2006)
bullet Citizens of the U.S., Mexico, Canada and Bermuda must present passport to reenter the U.S. (11/22/06)
bulletEmployers Must Withdraw H-1B Petition of Terminated Employee or Continue to Pay Salary (10/24/06)
bullet Certain High School Teachers May Be Exempt From H-1B Cap  (9/12/06)
bullet State Dept. Issues Passport Guidelines For Visa Waiver Travelers (9/6/06)
bullet SKIL Bill Introduced In House Will Increase H-1B And Green Card Quotas (7/6/06)
bullet E-3 Visas for Australian Professionals (5/23/06)
bullet Dept. of Homeland Security Targets Employers of Illegal Workers (4/20/06)
bullet Department of Labor reports on number of PERM cases filed and number of old labor certification cases pending (4/6/06)
bulletAustralians: E-3 Status is Implemented by USCIS and Change of Status Applications are Now Possible (1/12/06)
bullet State Dept. Memo encourages students to apply for F-1 Visa (11/2/05)
bullet USCIS Memo clarifies impact of PERM labor certifications on I-140 and 7th-year H-1B petitions.  (9/23/2005)
bullet USCIS Memo Discusses the Ability to Change Jobs Without Affecting H-1B Status and Approved Labor Certification (5/12/05)
bullet Interim regulations have been issued to implement 20,000 additional new H-1B visas for those with U.S. Master's degrees Click here for the full text of the regulation.  (5/5/2005)
bullet New procedures for arriving nonimmigrants ("U.S. Arrival") (12/9/04)
bulletThe Dept. of State will stop accepting applications for stateside visa revalidation as of July 6, 2004.  After that date all visas (even renewal visas) must be issued at a U.S. Embassy or Consulate abroad.  (6/11/04).
bulletNew Streamlined Procedure For Obtaining Mexican TN Visa.  With the oversubscribedH-1B quota, other types of working visas are becoming more useful for bringing foreign professionals into the U.S.  As of 2004, Mexican nationals can obtain TN (NAFTA) visas simply by applying at a U.S. Consulate or Embassy.  The requirement of first applying to the Dept. of Labor and the INS (now DHS), in place for a decade, has been abolished.  Full text of Memo.  (January 1, 2004)
bullet The State Department has announced stricter guidelines in issuing L-1B visas based on "specialized knowledge"  (2/24/04)
bullet Full text of American Competitveness Act of the 21 Century ("AC21")  
bullet Canadian landed immigrants can no longer visit the U.S. without a visa
bullet INS Issues Warning About Travel Using Advance Parole (11/18/02)





*The information contained on this site should not be used as a basis for taking action or for failing to act.  Instead, it is intended to educate our clients and members of the public generally, and to provide a background for directing case strategy in collaboration with a competent and experienced immigration attorney.  No attorney / client relationship is created by the information provided, and even our existing clients should not take any action unless they are instructed to do so by us.  Information on this site may be outdated or erroneous, and you should seek the advice of an attorney to determine current law or policy.  The links to other web pages are provided as a convenience only and we cannot be responsible for the accuracy or completeness of information obtained from those web sites.




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Copyright 2018 Law Offices of James A. Bach All rights reserved

Archived Articles


Primary Resources
  Full Text of H-1B and I-140 portability law, "AC 21"

Text of F-1 OPT 17-month Extension Rule (April 8, 2008)

Immigration Regulations

Immigration and Nationality Act

H-1B LCA Regulations

List of Schools Approved to Accept International Students



More FAQ Topics

Processing Times