Monthly Archives: March 2016

Civics Test Answers Updated for N-400 Naturalization Test 2016

See the updates Are you preparing for the naturalization test? As you study for the U.S. history and government (civics) test, make sure that you know the most current answers to these questions.  Periodically, answers change to reflect the results of federal and state elections and appointments or to clarify content and ensure consistency in terminology. The revised answers to the questions below are effective immediately. Question Update 20. Who is one of your state’s U.S. senators now? The answer to this question may have changed after the 2015 elections.  Give the name…Read More Breaking News

Is USCIS abusing RFEs and NOIDs?

  • Posted on March 30, 2016
  • /Under H1B
  Recently we have noticed a surge in requests for evidence(RFE) and notice of intent to deny(NOID).  While the RFEs and NOIDs are normal tools adopted by the USCIS to look into cases which have insufficient information or for clarification, officers has the discretion to actually issue RFEs or NOIDs under 8 CFR 103.2(b)(8).  The rule also allows officers to issue denials without RFEs or NOIDs. However accordingly to a policy memorandum issued in June 3, 2013 (Requests for Evidence (Final)),"...an RFE is not to be issued when the evidence already submitted establishes…Read More Breaking News

Did you know that many F1 students get U visas?

Recently we have a surge of F1 visa students who are eligible to file for the U visas. Scenarios that we meet are usually someone who is at work (even unlawful work) or just visiting a store for example, are attacked at their place of work with a deadly weapon such as a gun or a knife. Although the students were not hurt physically, it mentally disturbed them and eventually they helped the law enforcement to arrest the perpetrators or in their investigation. Such cases are common because there are many cases of…Read More Breaking News

Alert from ICE to Student those I-515A Form

Alert: Student Visa Crackdown: Form I-551A non compliance Beginning April 1, 2016, the Student and Exchange Visitor Program (SEVP) will send “Intent to Terminate” notices to nonimmigrant students (F-1/M-1), exchange visitors (J-1) and dependents (F-2/M-2/J-2) who failed to comply with the Form I-515A, “Notice to Student or Exchange Visitor,” directive by the specified deadline. Recipients of the “Intent to Terminate” notices will have 14 days, as of the date the notice is sent, to respond to the Form I-515A. Failure to comply will result in the termination of the their SEVIS record. For…Read More Breaking News

H1B Cap News – FY 2017 Cap

March 28 2016 - Announcement from the American Immigration Lawyers Association (AILA), regarding H1B Cap for the Fiscal Year 2017. As confirmed by the message of AILA below, USCIS will accept H1B Cap cases for the first 5 business days which in this case will be falling on April 7th 2016. Note that this does not mean that you wait the last day to send your applications. We recommend mailing your cases earlier but not before April 1, 2016. See notice from AILA below: "USCIS confirmed to AILA that standard procedures will apply…Read More Breaking News

Asylum Waiting Times

  • Posted on March 28, 2016
  • /Under Asylum
How long to wait on the Asylum that was filed? It is common to be asked this question and we have seen people waiting for years before getting an interview. On March 11, 2016, USCIS released an Affirmative Asylum Bulletin defining how affirmative asylum cases are prioritize and also giving a table which according to USCIS should be updated on a monthly basis. A copy of the table is found below without, the details of the cases not included in the chart. We hope it helps. This is for Category 3 Their priority are…Read More Breaking News

U visa processing Times 2016

U Visa: Data Set: Form I-918 Application for U Nonimmigrant Status U visa is the visa that is offered for those who are victims of certain crimes. However, the U visa has one limitation which is the cap to 10,000 per year and many people who have filed in the past 2 years have been stuck on this track. When the U visa first started really being processed around 2007 and 2008, it was taking only few months for the Employment Authorization Documents to be issued.  Later it was taking one year, recently…Read More Breaking News

5 Tips how to answer an OPT/CPT RFE

  • Posted on March 25, 2016
  • /Under CPT
Recently we have handled many RFEs (Request for Evidence) cases on OPT (Optional Practical Training) , H1B and H4 EAD RFEs based on OPT or CPT (Curriculum Practical Training). The idea of those RFEs are to make sure that the students did not abuse OPTs or CPTs. The most common questions on those are based on the time of the candidates F1 student/OPT visas namely: Proving that the students have actually attended classes including proving their living within commuting distance of the schools; How much was being paid under OPT and CPT; Details…Read More Breaking News

Breaking News – K1 Visa Cases for Canadian nationals will only be processed in Montreal!

March 24 2015 - Today the State Department announced that all K1 visa for Canadian nationals will be processed only in Montreal. Other consulates will still process other kinds of visa except the K1 visas. We recommend our clients to take all the necessary documents and be ready in case they have to travel to Montreal, Canada to have their K1 visa interview. Below is part of the following "Starting April 1, 2016, the U.S. Consulate General in Vancouver will no longer process K-1 visas, also known as fiancé(e) visas. The U.S. Consulate…Read More Breaking News

Automatic Revalidation of I-94: For those who want Travel to Mexico, Canada and Adjacent islands

Applies H-1B / H-4, F1, OPT, and few other non-immigrant visa status individuals   Summer is coming and many are planning to travel for short vacations less than 30 days to Mexico, Canada or on short cruises. Usually a visa stamp on the passport is required to be able to travel abroad. However, there is an exception for H4, H1, F1 visas, OPT students and some other non-immigrant visa holders to travel without needing a visa stamp on their passport. This process is called the automatic revalidation (as per revalidation of I-94 status).…Read More Breaking News

Alert: Delays LCAs due to DOL I-Cert issues.

March 23 2016 - The American Immigration Lawyers Association (AILA) "has received reports from  members regarding intermittent iCERT outages and slowness, as well as delays at DOL in processing Labor Condition Application (LCA) FEIN verifications. AILA has alerted DOL to these concerns and will provide updates as they are received. In the meantime, some members have reported receiving an FEIN verification by the time the LCA is adjudicated, even where the system displays a warning to enter a "valid FEIN" when the LCA is submitted and no e-mail communication is received from DOL…Read More Breaking News

H1 Transfer converted from Consular Processing to Change/Extension of Status.

March 22 2016 - We are proud to announce that after a strategic approach, we have successfully reversed a partial denial on an H1B transfer to a change/extension of status. Facts: Client came to see us stating that his lawyer got him an H1B change of employment but unfortunately was unable to get him an extension of status because USCIS believed he fell out of status. While it is frequent to get such sort of approval, in this case because Client's lawyer mistakenly did not file the extension and his amendment in the…Read More Breaking News

Webinar on STEM OPT by SEVP on April 14 2016

SEVP to Host Webinar on the STEM OPT 24-Month Extension Final Rule On March 11, 2016, DHS published a final rule that will allow certain F-1 STEM students who have elected to pursue 12 months of optional practical training (OPT) in the United States to extend the OPT period by 24 months. The Student and Exchange Visitor Program (SEVP) will hold a webinar on April 14, 2016, to discuss the new rule. F-1 students and school officials are encouraged to participate. We encourage students and companies planning to hire STEM OPT students to…Read More Breaking News

Filing your EB permanent residence while you are abroad

Mar 22, 2016 — Many who are tired of waiting want to know if either they can file their permanent residence (EB category) while in India or can they wait in India while the I-140 is being processed? This video explains the possibilities of such a plan. We also have another video for F1 students to move directly to a permanent residence (greencard) please watch it here:https://www.youtube.com/watch?v=pLkWJQEjivk Both of the above follow the same concept of future employment. Make sure you have a lawyer who understands the concept of future employment before applying.Read More Breaking News

Asylum through Climate Change – Global Immigration Due to Climate.

  • Posted on March 21, 2016
  • /Under Asylum
The video by attorney Shah Peerally tries to covers issues related to climate change migration, immigration and climate change, global warming effect and migration, migration from Syria, asylum based on climate change and a proposal that the law should be changed to accommodate Asylum seekers based on climate change. Climate change is a new driver of human migration that many people expect will dwarf all others in its impact. But some of the most commonly repeated predictions of the numbers of people who will be displaced by climate change are not informed by an understanding…Read More Breaking News