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Archive for December, 2006

USCIS issues guidance relevant to H-1B visas – 12/5/06 memo from Michael Aytes

December 20th, 2006 Comments off

United States Citizenship and Immigration Services (USCIS) recently issued a new memorandum relevant to H-1B visa applicants. Read the entire memo(.pdf, 105.5K), or here is a summary of the issues:

(1) Time spent in H-4 status will not count against the 6 year limit;
(2) Extensions of status are available even if outside the U.S. and not in H-1B status; and
(3) H-1B visa holders who leave the US before expiration of the 6 year limit and stay outside the US more than one year have the option of reentering for the remainder of the time left on the 6 year limit (and avoiding the "Cap") or applying for a new six years and being subject to the Cap.

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Supreme Court ruling interprets the meaning of a “felony punishable under the Controlled Substances Act”

December 5th, 2006 Comments off

"The question raised is whether conduct made a felony under state law but a misdemeanor under the Controlled Substances Act is a “felony punishable under the Controlled Substances Act.” 18 U. S. C. §924(c)(2). We hold it is not." Lopez v. Gonzales (No. 05-547). Argued October 3, 2006—Decided December 5, 2006.

Why does it matter whether an offense is classified as a "felony punishable under the Controlled Substances Act"? Read on.

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