Monthly Archives: January 2013

Immigration Innovation Act of 2013

A summary of the bill is below. The full text of the legislation can be found HERE. Immigration Innovation (I2) Act of 2013 Employment-Based Nonimmigrant H-1B Visas Increase H-1B cap from 65,000 to 115,000 Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move) If the cap is hit in the first 45 days when petitions may be filed, an additional 20,000 H-1B visas will be made available immediately.…Read More Breaking News

4 Ways to deal with the waiting on your EB2 immigrant visa if you are from India

By: Shah Peerally Esq. Some time back, the State Department released an EB Demand Data report which shows a sudden unprecedented growth in EB2-India cases since the year 2007. This is about 33 times more, than normal, compared to the number of EB2-India cases that are pending in 2012 as compared to 2007. Comparatively, EB3-India has had a pretty modest growth. Close on its heels is the news bulletin from November 2012 which brings a fresh dose of disappointment for Indian nationals waiting on their EB2 immigrant visa, all over again. The EB2-India…Read More Breaking News

5 Reasons you should be prepare your H1B early this year

In recent times there has been a lot of talk about the H-1B visa cap being raised to 115,000, a significant more from the current 85,000. But before this can be made into a reality, you should prepare your H1B early this year so that you will have your application ready by the time the USCIS takes in applications. The present number of H1B Visas include, this number also includes skilled foreign workers and those with advanced degrees from US institutions. In order, that you are not lost in the long list of…Read More Breaking News

How much time period you should have be on your H1 to start your GC process?

A: You don’t have to have any time, you can go ahead and file even before you get into H1B. It’s a very very good question, there is no requirement to be on H1 actually to even file for the GC, so there is no minimum time you have to wait. However many companies will want you to wait because they want to make sure that you are a serious candidate. But you can actually be working for Company A and not even be working with company B and file for your GC.…Read More Breaking News

Moving during H1B extension based on approved Form I-140

Caller: I have completed my 6 year on H1b, im still on H1, my employer has filed my I-140 for my GC, my I-140 is approved, can I change my employer now? A: Ok, your I-140 is approved; did your extension get approved? Caller: My extension not been approved yet A: Ok you can change employer, let me tell you how it works, you don’t have the AOS (Adjustment of Status) filed right? The I-485 has not been filed right? Caller: No, I-485 has not been filed A: I will recommend to at…Read More Breaking News

Seven things you should know about the H1B visa

By: Shah Peerally Esq. The H1B visa is always a widely discussed issue amongst those who want to enter the US for work. Today we discuss here some important aspects of the H1B Visa that will make it easier for the readers to understand it. 1. The H1B visa is a non-immigrant visa which allows US companies to employ skilled workers in specialty occupations, from outside the country. Some specific areas of work for HIB Visa are- IT industry, engineering, medicine, science, architecture, etc. Individuals cannot apply for an H1B visa, only the…Read More Breaking News

EB2 retrogression 2013 predictions and family petition

By: Shah Peerally Esq. EB2 retrogression 2013 predictions - should someone opt for family petition? Caller: I’m on H1b, and my mom got a GC 7 years back and she stayed at my place and my sisters place most of the time and went back to india for like 3-6 months, so out of 7 years she stayed like around 5 years in US, the question I have, probably I’m applying for her citizenship, but two years back I saw on all the family sponsored visas and I lost my hopes, im already…Read More Breaking News

Parents adjusting status on b1/b2 visa

By: Shah Peerally Esq. You can your status if you are on b1/b2 visa (vistor)? Caller: If I am a US Citizen and I want to apply for my parents GC, so is it easier or possible when the parents are here in US on a visitor visa or something. That’s a very good question, it is always easier when they are here, not always there are some rules to that, however they have a visitor visa they come here they file they can say that those people kind of committed fraud because…Read More Breaking News

Does the New Obama 601A waiver apply to those with final order of deportation?

By: Shah Peerally Esq. Provisional 601A waiver and deportation Caller: I have a question about the new law Waiver, I don’t know if it’s been active or not I-601A, it’s just kind of a waiver right? Yes, 601 is not a, it’s a law that allows us the same waiver that could be applied before, but before you had to leave the country and file for it that means if you leave the country and you file for it and you get denied you get stuck outside, what they have done now you…Read More Breaking News

Extension of tourist visa in US.

By: Shah Peerally Esq. Extension on the tourist visa in US. When is the right time to apply? Caller: My parents have been here on a tourist visa for about six months, there I-94 is getting expired soon, so is there any way I can extend their stay for two weeks ? A: Are you a US Citizen? Caller: No, I’m not a US Citizen, I’m on H1b Visa. A: Is the I-94 expired already? Caller: It’s expiring on 2nd of January, actually pretty close. A: Oh that means tomorrow, well you can…Read More Breaking News

H1B extension after 6 years while PERM Labor is pending on audit.

By: Shah Peerally Esq. Type: H1b extension after 6 years. How to get a 6th year extension when there is no time to for 365 days pending for the labor certification, & perm is on audit? Caller: My H1 is going to expire this year July my company has filled the form but the form got audited so just I’m curious to know that if that is not approved my H1 deadline what are the available options for me? A: Ok your on the 6 years right? Caller: Yes 6 years and that…Read More Breaking News

Moving to new company before H1B Transfer is approved.

By: Shah Peerally Esq. Caller: Recently my wife tried to her H1B visa from one company to another one she got a RFE, her employer is trying to answer the RFE but my question is by any chance could that not be resolved can she still work on her previous employer H1? A: Ok let me ask you a question; did your wife already moved to that new company? Caller: She wants to move, basically she is working for a client and she is consulting she want to move from one employer to…Read More Breaking News

Visa Bulletin Issue- How long to wait for brother or sister petitions?

By: Shah Peerally Esq. Caller: What is the waiting time for brother sister from India if somebody file if US Citizen file for blood relation? A: who is filling for your brother for your parents? Caller: My brother want to file brother sister A: So you want to file for your brother and sister you in the F4 category (according to the Visa Bulletin), you're US Citizen right? Caller:Yes A: Right now they are processing April 2001 that means they are 12 years behind, so around 12 years of waiting time. Caller:This means…Read More Breaking News

US citizenship delay

By: Shah Peerally Esq. US Citizenship Case Delayed after the interview. Caller: I Have a question regarding US Citizenship , I had my Dec 6 and I have been waiting for the Oath Ceremony I just wanted to find out if expected wait or something else going on? A: Well this is how it works the rule requires you to wait, you pass the test right? Caller: Yeah A: So the rule is 120 days, depending on where you did it? Did you do it in San Jose or SFO? Caller: San Jose…Read More Breaking News

Switching job while employment authorization (EAD) is pending.

Caller: My question is that I currently have an EAD and my company has currently applied for EAD renewal and I am actually getting another opportunity somewhere so am I suppose to stay in my current job until I receive my EAD or I can go ahead and switch my job? Well you can switch your job, your filling under EB2 category? What kind of porting are you doing EB2, EB3? Caller: Yes, EB2 Ok EB2 and how long have you had your I-485 pending? Caller: It was last year actually So you…Read More Breaking News
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