Introduction: Sushil Adhikari

Mr. Sushil P. Adhikari, upon completion of Law Degree from Nepal Law Campus, established Maitri Law Firm in Bagbazar, Kathmandu in 1991. He is still an Active Member of Nepal Bar Association. His four years stint at the Central Bureau of Statistics proved advantageous in his legal career. He acknowledges Mr. Khagendra GC, a lawyer himself by profession and a close family friend for inspiring him to be what he is today. Mr. GC is also another successful Nepali Lawyer in USA. He completed Master’s of Law in Southern Methodist University (SMU), Dallas, Texas in 1998 earning a Master’s Degree in Comparative & International Law from SMU. Immediately after the completion of his studies in 1998, he got affiliated with Pant Law Firm followed by the Law Office of Michael J. Williams PC (Professional Corporation) where he is still working as a Legal Consultant. His expertise ranges from various types of Immigration Visas to other Company & Corporation Law like Contracts & Foreign Investments. His clientele includes 90% of Nepalis and 10% of non-immigrants from Liberia, South Africa, India and other countries. At least 3 cases a week comes his way and between 1998 to April 2005, he has handled as many cases as 1500. He is a busy legal consultant and to deal with his busy schedule he has four attorneys working for him.

Visa Waiting times in US Embassies Worldwide

Here’s a link to a site that allows people to see when the exact waiting period for visa interview is, in all US embassies:

http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php

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Time Is Running Out For H-1B Visa Cap To Be Raised–Or Is It?




The current cap of 65,000 H-1B visas for foreign workers—including techies—isn’t likely to be raised before Oct.1, the start of fiscal 2007. But that’s not stopping some American programmers from worrying or tech employers from lobbying.

Mid-term election campaigning is going into full throttle, and because the U.S. Senate and House of Representatives don’t agree on many big, hot-potato immigration issues, it’s unlikely Congress will pass a comprehensive–and controversial– immigration reform bill anytime soon. For one thing, Senate and House calendars are full, say Washington insiders.

But despite their differences, the Senate and House immigration bills both have common provisions to raise the number of H-1B visas allotted annually to foreign workers from 65,000 to 115,000, with options to increase the cap by 20% yearly, based on employers’ needs.

Those increase proposals are also included in separate legislation introduced in May by Sen. John Cronyn (R-Tex.), whose “Securing Knowledge, Innovation and Leadership,” or “Skil Bill,” focuses only on H-1B and green-card– or permanent residency–reform, and not on other sticky immigration issues, such as border security.

“The senator would like to see the [Skil] bill move, but the calendar is quite full right now,” says a Cronyn spokesman.

Nonetheless, those bills’ common H-1B-related provisions are fueling uneasiness among some U.S. tech workers and hopefulness among vendors, even though time seems to be running out for passage of a large immigration reform bill by current members of Congress.

“Sometimes we think these things are dead, and then someone slips something through at 5 pm on a Friday,” says Kim Berry, president of the Programmers Guild, an American IT worker advocacy group that opposes raising the H-1B cap. “I’m worried they’ll stick these provisions onto another bill without a hearing,” he says.

Indeed, it’s still possible that Congress will pass provisions as part of another bill or as separate legislation to raise the H-1B cap during a lame duck session before new members are sworn in next January, depending on the outcome of the elections, says Microsoft director of federal government affairs Jack Krumholtz.

“There’s still a window of opportunity Congress will pass H-1B and green card reform post-election,” says Krumholtz. Microsoft and other tech vendors will continue “to push for high-skill relief” by lobbying for increases in the annual cap of H-1B visas and green-cards, which allow foreign workers to work permanently in the U.S.

At Microsoft, “we have a couple thousand open technology positions that we’re not able to fill,” including development positions, says Krumholtz. “It’s getting harder and harder to find people,” he says. “There’s increasing pressure to look for other avenues,” including doing work outside the U.S. if talent can’t be found here, he says.

And despite recent layoffs in the tech industry—including Intel’s announcement this week that it’s eliminating 10,500 jobs—the specific talent Microsoft is looking for is “apples and oranges” compared to jobs being shed, Krumholtz says. “The jobs we’re looking to fill are not just IT engineers,” although Microsoft might call them that or “developers” internally,” he says. Microsoft is seeking “top computer scientists” with advanced degrees and the “latest training and skill sets,” he says.

Each year, U.S. Citizenship and Immigration Services begin accepting petitions on April 1 for H-1B visas issued in the next fiscal year. For the last couple of years, the U.S. had received enough petitions for the annual allotment of 65,000 H-1B visas months before the new fiscal year begins. For fiscal 2007 beginning Oct 1, the U.S. hit its H-1B visa cap in late May 2006, about two months after the government began accepting requests for the petitions on April 1.

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Visa Waiting time in Kathmandu

Here’s a link to a site that allows people to see when the exact waiting period for visa interview is, in all US embassies:

http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php

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Condolence: Tribuite to Late Dr. Gopal Sharma, Ph.D.

ANLUS NEPAL

Sad demise of Professor Dr. Gopal Sharma Ph.D.

Please join us in expressing our deepest condelence at this hour to the sad demise of our beloved law professor Dr. Gopal Sharma Ph. D.

It has been notified to ANLUS that Dr. Sharma passed away last night in hi own room. Details are yet to ome. We will update you with the latest on this.
Dr. Sharma will live for years to come within the hearts of his students. He taught International Law in Nepal Law Campus. He is also decorated as the forst Ph.D. in Law from Nepal. Dr. Sharma had a pure dream of establishing a national law library starting with his own personal contribution of books and literature. Dr. Sharma wanted to establish a Law Foundation that would assist law students gain global level legal education.
During his last years, he was deviated towards astrology and was keenly observing astrology, hindu ‘tithis’ and studying some selected individuals.
He always believed in ‘simple living and high thinking’. Those who have visited his room have been stunned by the simple lifestyle and his dedication towards law and leagl development.

May his soul rest in peace.

You can email your condolence and expressions to anlusnepal@gmail.com

For updates:

www.anlus.wordpress.com
As stated by our correspondent and associate member Advocate Rabin K.C. from Nepal 17:30 PST.

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H Visa and Nurses.

Temporary workers:

Professionals, agricultural, seasonal or trainees H-1B visa (Speciality Occupation) The H-1B visa enables professionals in “specialty occupations” to make a valuable contribution to the American economy. A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended. This provides a maximum stay of six years. The H1-B visa holder can apply for a Green Card if a company wants to sponsor his/her application. The H-1B visa is available for individuals who are coming to the U.S. temporarily to work in a “specialty occupation” or as a fashion model. A “specialty occupation” is defined by law as an occupation requiring specialized knowledge normally acquired through obtaining a bachelor’s degree or its foreign equivalent. Generally, to obtain an H-1B visa, you need to have at least a bachelor’s degree or its foreign equivalent or education, training, and on-the-job experience that are equivalent to a bachelor’s degree. To get an H-1B visa, you need a specific job offer from a qualified employer in the U.S with H-1B status. Unlike most other temporary visas, you may apply for an H-1B visa even if you have plans or have taken preliminary steps to settle permanently in the U.S. When approval of H-1B petition is revoked on the basis of fraud or the willful misrepresentation of a material fact, one number shall be restored to H-1B cap in the fiscal year in which the petition is revoked, regardless of the fiscal year in which the application was actually approved. If you plan to work for multiple employers, either full time or part time, each employer must file separate H-1B petition.

H-1C Visa (Working Nurses)

The H1C visa is for nurses who wish to work in health professional shortage areas. Only 500 H1C visas are granted annually. The visa is valid for three years and cannot be extended. In order to qualify for the H1C visa, the nurse must be licensed or have obtained a nursing degree in the US and pass the NCLEX-RN exam. Since the H1C visa is in such short supply, most nurses choose to skip the H1C visa and apply directly for the nurse green card. Spouses and children of H1C visa holders may enter and remain in the US in H4 status. H4 visa holders may attend school in the US but cannot accept employment. What are the requirements for obtaining an H1C Visa? To qualify for the H1C visa, a nurse must have a full and unrestricted license to practice professional nursing in the country where he/she obtained his/her nursing education, or have received nursing education in the US; have passed an appropriate examination (determined by the DHHS), or have a full and unrestricted license to practice as a registered nurse in the state of intended employment; and be fully qualified and eligible under the state laws and regulations of the state of intended employment to practice as a registered nurse immediately upon admission to the US.

H 2 Visa (Agriculture Visa)

The H-2 visa category is divided into 2 subcategories H-2A & H-2B. Both subcategories require your employer to show that your services are needed on a temporary basis. The H-2A visa allows you to come to the U.S. temporarily to perform agricultural-related work. To get an H-2A visa, you need a specific job offer from a qualified employer in the U.S. With H-2A status, you are allowed to remain in the U.S. for a maximum of 3 years, including any extensions. The H-2B visa allows you to come to the U.S. to perform temporary or seasonal work. The work may be either skilled or unskilled, but it must be temporary in nature. Unlike an H-1B visa that requires a college degree, an H-2B visa does not have such a requirement. Individuals in the entertainment industry or athletes coming to the U.S. who do not qualify for an O visa or a P visa may be eligible for an H-2B visa. To get an H-2B visa, you need a specific job offer from a qualified employer in the U.S. With H-2B status, you are allowed to remain in the U.S. for a maximum of 3 years, including any extensions.

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O-1 Visa – Alien with Extraordinary Abilities

O-1 status is only provided to people with extraordinary abilities.

O-1 Visa is Suitable For:
1. Foreign nationals who have received major prizes or awards or other recognition for outstanding achievements in the field of arts, sciences, education, business or athletics and with a job offer from a U.S. company
2. Foreign nationals who have produced original scientific or scholarly contributions in the academic fields and with a job offer from a U.S. company
3.Artists and entertainers of extraordinary ability affiliated with motion picture or television industry
4.U.S. companies to hire foreign nationals with extraordinary ability in the field of arts, sciences, education, business or athletics Read the rest of this entry »

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