This tag is associated with 15 posts

New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 1

On January 17, 2017, new rules[1] will go into effect to amend, “modernize and improve” certain aspects of the employment based immigrant and nonimmigrant visa programs. Administrative law requires that a Federal Agency (such as the Department of Homeland Security) first publish a Notice of Proposed Rule Making (NPRM) and solicit comments prior to enacting … Continue reading

Join us for a free H-1B webinar – Lessons From FY2016 – How to Prepare for FY2017 H-1B Season

Please register for H-1B – Lessons From FY2016 – How to Prepare for FY2017 H-1B Season on Feb 12, 2016 12:00 PM EST at: https://attendee.gotowebinar.com/register/8654143144839593217 The idea behind this webinar is to harness the valuable experience learned from processing H-1Bs from prior years and how the various RFEs have created a valuable source of information … Continue reading


The H-1B CAP FILING DEADLINE for 2017 is just around the corner! Kidambi & Associates has started processing H-1B CAP petitions for this year and we encourage you to contact us early to initiate processing. If not familiar with our CAP intake process, kindly contact us for process steps and checklists. Important Notes for this … Continue reading

When NOT to File an Amended H-1B Petition

Over the past couple of months, clients have been emailing and calling to understand when they are NOT required to file an amended petition. For instance, one caller wanted to know what would happen if the employee returns from a project and is stationed at the corporate office for 15 days before being re-deployed to … Continue reading

Does Change in Work Location Require an Amended Petition?

First, we need to turn our attention to an Administrative Appeals Office decision dated June 29, 2013 from a Vermont Service Center denial. The AAO decision reiterates what the California Service Center stated during an AILA-CSC Liaison Meeting: AILA Info Net Doc. No. 11093037 (Posted 9/30/11): Q. Stakeholders report receiving Notices of Intent to Revoke … Continue reading

FY 2015 H-1B Cap Subject Petitions – Instructions for Filing

Checklist of instructions for filing FY 2015 H1B petitions Continue reading

Taking Up ‘Legal’ Immigration Now Could Set the Tone for Future Cooperation

In a welcome gesture, on December 4th Speaker Boehner hired Senator McCain’s long time immigration advisor and Director of Immigration Policy of the Bipartisan Policy Center (BPC) – Rebbeca Tallent. In a press release on the Bipartisan Policy Center’s website, Jason Grumet, BPC’s president was very positive in summing up his view of Ms. Tallent’s … Continue reading

‘Comprehensive Immigration Reform’ – Nominated for Banished Words of 2013

Every year since 1976, Lake Superior State University (LSSU) has released a “List of Words Banished from the Queen’s English for Misuse, Overuse and General Uselessness”. Nominations are offered for words and phrases that are best left out of our vocabulary in the following year. The 2012 List is as follows: 1.Amazing 2.Baby Bump 3.Shared … Continue reading

Why Is the U.S. Dragging its Feet on Business Immigration Reform?

The Congressional Budget Office (CBO) analyzes trends in immigration and policy proposals that would affect immigration and states on its website that, Of the 40 million foreign-born people living in the United States in 2011, about 22 million were not citizens. About half of those non-citizens were authorized to be in the United States either … Continue reading

We Are Not Open For Business – the Death of the L-1B Visa Program

At the request of Senator Charles Grassley, the Department of Homeland Security Office of Inspector General2 examined the potential for fraud or abuse in the L-1 intracompany transferee program and concluded among other things: Although U.S. Citizenship and Immigration Services regulations and headquarters memorandums provide guidance regarding the definition of specialized knowledge, they are insufficient to ensure … Continue reading

Tribute to Frank Lautenberg – Champion of Immigrant Causes

On September 12th 2000, I traveled to The Hart Senate Office Building on Constitution Avenue and 2nd Street, NE in Washington DC to meet with and to urge Members of Congress to support among other things, H-1B legislation, restoration of Section 245(i), updating the registry date, NACARA parity, and IIRAIRA reform. I was part of … Continue reading

I am a successful Entrepreneur; Own a Business and Employ 5-10 US Workers. Do I Qualify for the New ‘Entrepreneur’ H-1B Visa?

Before I answer this question, I want to run the following real world examples by you: Years before being acquired in a Billion dollar deal, his mom, a teacher at a Manhattan private school, thought her son was getting distracted at school but really liked computers and had a lot of great ideas. So, she … Continue reading

When Software Consulting and Staffing Companies ‘Engage in Software Development’

It appears there is a valuable lesson to be learned from recent cases in North Carolina and Texas. Both emanate from actions by software consulting/staffing companies that were engaged in the business of placing consultants at third party client sites. In the first case, an Indian national pleaded guilty on March 20th for his role … Continue reading

Ensuring Your H-1B Cap Subject Petition is Properly Filed

H-1B Cap Season has started and we ensure your H-1B Petitions are filed with great attention to detail, thereby maximizing the chances of getting your petition accepted. Find out how you can stay on top of the “random selection process” or H-1B lottery. Continue reading

Invalidation of Labor Certifications – What happens when the USCIS second guesses a certified PERM Application?

Invalidation of Labor Certification by the DHS/Consulate (USCUS) is rare. At least two types of invalidations have occurred recently, both by the Nebraska Service Center of the USCIS. Authority can be traced to the regulations at 20 C.F. R. § 656.30(d): (d) Invalidation of labor certifications. After issuance, a labor certification may be revoked by ETA using … Continue reading

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Kidambi & Associates, P.C, is a full service immigration law firm based in NY tri-state area. The Firm has extensive experience in the field of immigration law and blogs here on various immigration related topics.

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