By: Richard Hanus
February 27, 2004
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H-1B Visa Cap; Immigration Law, Criminal Law and Driving Under the Influence
H-1B Visa Cap; Immigration Law, Criminal Law and Driving Under the Influence February 27, 2004
Allotment of H-1B Visas Has Been Exhausted for This Fiscal YearFor the fiscal year of 2004, which starts October 1, 2003 and ends on September 30, 2004, the annual cap on the issuance of H-1B visas (for professional nonimmigrants) has been reached. Therefore, the earliest validity date on any new H-1B petition will be October 1, 2004. Among the types of H-1B filings that are EXEMPT from the cap are petitions filed by non-profit institutions or institutions of higher learning, as are filings to extend an individual’s current H-1B status, or change their H-1B employer.
Immigration Law, Criminal Law and Driving Under the InfluenceFor those seeking to become permanent residents of the U.S., there is a long list of legal grounds that may serve to get in the way of their efforts. One such ground may be the applicant’s criminal history, although not all types of criminal behavior will serve as the basis for ineligibility. With some exceptions, a single misdemeanor conviction in the applicant’s background will usually not be of any consequence in their efforts to become a U.S. permanent resident. More than one such conviction, or a felony conviction, may indeed have a significant impact on the individual’s current or future immigration status in the U.S. Therefore it is always advisable for the following classes of individuals to consult an immigration attorney before taking action:
- intending immigrants who are currently in criminal proceedings and are contemplating accepting a guilty plea (impact on future efforts to become permanent resident),
- those who are already permanent residents, but are facing criminal charges (important to keep in mind possible deportation consequences) and
- applicants for permanent residence in the U.S. (with or without status) with some sort of criminal conviction (to assess how CIS, formerly INS, will view this criminal background when deciding the application).
PUBLISHED February 27, 2004 – “IMMIGRATION LAW FORUM” Copyright © 2004-2008, By Law Offices of Richard Hanus, Chicago, Illinois
September 22, 2019