I sponsored my 67-year-old mother for her green card. She has now been a permanent resident for almost six years. She has some health problems, but because of her age we are unable to get private health insurance for her. She has traveled to India several times for medical treatments, which is expensive and time consuming, but less than the cost in the United States without health insurance. Can she get any U.S. government assistance?
Eligibility for government benefits depends on your mother’s income, the type of benefits she seeks and her immigration status. Your mother will be ineligible for most benefits for the first five years after arriving as a resident. After that, if you filed an affidavit of support for her, your income will be “deemed” to her as her qualifying income until she has worked 40 quarters or received her U.S. citizenship. This means that she will probably not be eligible until she receives her U.S. citizenship. However, if she has been a legal permanent resident for at least five years, she is eligible to apply for U.S. citizenship.
Are there still H1-B’s left for the 2010 quota?
On May 4, 2009, USCIS announced that it has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap for the fiscal year 2010. This is only about 3,000 more than last month. The agency continues to accept petitions subject to the 65,000 general cap for the fiscal year 2010. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees (known as the Master’s Cap). Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas. This means that there are still about 20,000 new H1-B’s available for fiscal year 2010. The fiscal year 2010 begins October 1, 2009 and the fist day of filing for petitions for 2010 was April 1, 2009. Of course, some H1-B petitions are not subject to the cap and are available year round, such as petitions filed by Institution of Higher Education or non-profit research organizations.
Is there any limit on the number of people on H-1B and green card that a firm can employ?
There is no limitation on the number of foreign nationals on H-1B and/or green card that a company may employ. However, USCIS may question the company’s ability to pay the offered wages of all the individuals being sponsored. Furthermore, a company that whose workforce consists primarily of H1-B employees may be subject to different reporting standards. As USCIS improves its records management practices, requests for evidence on this issues are expected to be more frequent.
What is retrogression of priority dates and what does that mean for my EB2 case form India?
The May visa bulletin had the EB2 priority date for India at May 2004. The June visa bulletin shows the date retrogressed (moved back) to January 1, 2000. What this means is that only EB2 cases filed on or before January 2000 can be issued immigrant visas (or the beneficiaries can adjust status). The reason for the retrogression is given by the Department of State as simply high demand on visas. It is unclear when the priority date will again move forward in this category.
The advice in this column may not apply to your specific situation, even if it seems similar in nature. The only way to obtain legal advice is by speaking with a qualified attorney and reviewing your specific circumstances.
Edward Boreth is an immigration attorney who has practiced law for 14 years. He is a partner at Shapovalov & Boreth and a director of the Citizenship Clinic. He is also an avid cricket fan. |