December 2010 Newsletter

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December 2010 Newsletter                                                              1-877-479-4USA

Gus Shihab Awarded Highest Rating for Legal Knowledge and Ethical Standards


We are pleased to announce to our valuable clients that attorney AV Plaque Gus M. Shihab, Esq. and the Law Firm of Shihab & Associates, Co., LPA have been awarded the highest rating an attorney can every receive both in Legal Abilities and Ethical Standard.  This an award given to Mr. Shihab based on a rigorous and independent peer review process conducted by the international Lexis/Nexis Martindale-Hubble organization. 


This award represents a continuation of our firm's commitment to excellence and high quality service.


Gus M. Shihab, President/CEO

H-1B Visa Cap Reaching Soon? 

Our law firm has conducted independent analysis in the usage of H-1B visa for the current federal fiscal year.  Based on our analysis, it appears that the H-1B visa cap will reach sometime in January 2011.  Last year the cap reached in December 21, 2009.  Based on our detailed mathematical analysis, the currH-1B Visa Capent fiscal year's H-1B visa usage will happen early next year. 

Based on H-1B visa usage numbers released by the USCIS, the law firm of Shihab & Associates conducted its own study.  The summary of the study is illustrated in the graph shown here. 


Once Cap is Reached, "New" H-1B visa Employees May Not Join Till Oct. 2011


The graph above reflects a projection forward of the current experience.  Once the cap is reached, any "new" H-1B visa petitions will be subject to the federal fiscal year 2011 quota.  This means any such new H-1B visa employees will not begin to work until October 2011.  There are more than 10,000 visas left in the current fiscal year and it is advisable to take advantage of these visas now as the employees can begin to work immediately. 


The Analysis:


Based on careful study of the H-1B visa usage data, it appears that the Master's Degree cap will reach sometime this month which, consequently, will cause the demand for "regular" H-1B visas to increase.  It is believed that this will lead to earlier consumption of the "regular" H-1B visas than what the graph now shows.  In other words, once the red graph stops at 20,000 somewhere around New Year's, any future Master's Degree petitions will show up in the blue graph causing the "rate of consumption" to increase slightly thereby reaching the H-1B visa probably in mid-January.  Call us at 1-877-479-4USA (4872).

From our Pro Bono Program:  Olympic Gold Medalist and Gymnast Natalia Laschenova's Fight to Remain in the US 

At the age of 14 Natalia Laschenova socked the world by winning a Gold Medal in the Seoul Korea Olympics in 1984 representing the USSR.  After her arrival in the United States in 1990, Natalia accomplished Natalia a successful transition from world class athlete to world class coach. Athletes that she has trained have competed at the highest levels of gymnastics within the United States. With the support of the gym in Marysville, Ohio that she now coaches at, Natalia petitioned for her Employment Based Green Card under the first preference category, commonly known as EB-1. The EB-1 employment classification is intended to provide immediate green card to persons of internationally recognized outstanding ability.


However, Natalia's petition was initially denied by the USCIS. The USCIS did not feel that Natalia had carried over the international recognition that she had gained as an athlete to her coaching career.  Having run out of time left on her work visa, Natalia was faced with the very real possibility of moving her entire family back to Latvia, a country that neither she nor her children had called home for over ten years.


The attorney's at Shihab & Associates decided to take Natalia's case pro Bono basis and filed a lawsuit with the US District Court for the Southern District of Ohio challenging the USCIS denial of Natalia's EB-1 petition.  Recently, the Administrative Appeals Office (AAO) in Washington D.C. re-opened Natalia's case and the litigation was stayed pending a final decision by the AAO.   Shihab & Associates filed another brief with the AAO arguing that Natalia Laschenova has indeed converted her international success as an Olympic gymnast into a career as a coach of gymnasts at the national and international levels of competition. Specifically, Natalia

Gus Shihab Interview
Gus Shihab Interview

has coached Olympic athletes training for the Belarus Olympic team as well as gymnasts who have competed in the Junior Olympics and Division 1 college programs around the United States. Finally, it was argued that the USCIS did not even use the correct legal standard for judging Natalia's petition as decided by recent case precedent decided by the Court of Appeals. 


Natalia and the lawyers of Shihab & Associates are hopeful that the ongoing litigation will cause the Administrative Appeals Office to approve Natalia's case.  Natalia and her family are hopeful that their 10 year dream to receive permanent residence will finally be realized soon. Attorney Gus Shihab, the founder of Shihab & Associates stated that he is giving the AAO one last chance to avert litigation.  Should the AAO deny the case again, he will proceed to litigate this case vigorously on behalf the Olympic Gold Medalist. 


Gus Shihab, Esq.
In This Issue
Analysis: Is the H-1B Visa Cap Reaching Soon?
From Our Pro Bono Department: Gold Medalist Natalia Laschenova's Fight to Remain in United States
Shihab Immigration Blog

Follow the Shihab Immigration Blog for up-to-date analysis and interpretation on the visa and immigration law issues and processes.  


US Immigration laws are currently in state of constant flux and change.  Visit the Shihab Immigration Blog at least once a week to keep abreast of this complex and ever changing area.  
Call our law firm today for a free in depth analysis of your immigration law issue.

1-877-479-4USA (4872)
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Shihab Webinar Series


"Why Waste  More Time Waiting on EB-3 Priority Dates? Convert your Green Card Case to EB-2"


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Meet Our Legal Team

Gus Shihab, Esq.
The Law Firm of Shihab & Associates, Co., LPA
877-479-4USA (4872)

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