Does Premium filing of H1B visas have more chances of a Request for Evidence (RFE)?

March 5 2016 - Recently there is a lot of rumors on the fact that all premium filings seem to invite RFEs. Well while under observation it seems to be the case not in most cases, there is an "awful" number of cases which have been filed on regular processing then turned to premium and suddenly we see a RFE being issued. Please watch the video below, hope it helps.Read More Breaking News

I-751 Waiver based on Abuse Successful Case.

Brief Facts: Beneficiary/Applicant married an Indian National in India. US citizen Petitioner moved to India and stayed with Beneficiary for few months and then moved back to the United States. Petitioner goes to India on regular basis but every time keeps abusing Beneficiary in India. After one year, Petitioner finally agreed to file to a Petition for Beneficiary. Beneficiary was ultimately moved to the United States on a conditional green card. As soon as Beneficiary moved in, Petitioner started abusing her and kicked her out of the house. She ultimately moved to a…Read More Breaking News

10 Reasons why Indian F1 students are being Deported or Refused Entry in the US.

Lately we have seen a surge in F1 students denial. Many are asking why? The question is not easy to answer, however having spoken to hundreds of the students who are having F1 student visa issues as an immigration lawyer, I have come up with some of the answers: Many students are picking wrong schools. There are many 'diploma mills' school out there which while actually helping some students, are effectively undermining the genuineness of the F1 student visa program by overreaching in the curriculum including abuse of CPTs. Students are wrongfully abusing…Read More Breaking News

Using a B1 in lieu of an H1B

While the H1B Cap 'contest' is on for the lottery, many companies will not be able to bring their desired candidates because of the H1B lottery. As such it is good to look into options at an early stage. One of them is the B1 in lieu of the H1B. This visa functions like any B1 visa but is registered to allow certain employees to actually bring a specific foreign workers based on the B1 in lieu of H visas. Who can apply? Individuals may apply for a B1 or B1/B2 visa to…Read More Breaking News

USCIS issues additional guidelines for Adjustment of Status

USCIS Issues Guidance on Adjustment of Status Policies and Procedures Effective February 25, 2016, new guidance in the USCIS Policy Manual provides information on the general policies and procedures for adjustment of status to lawful permanent residence as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA). Policy Highlights Part A: Adjustment of Status Policies and Procedures Provides guidance on basic eligibility requirements and filing instructions (including the definition of a “properly filed” application), concurrent filing and jurisdiction. Provides guidance on evidentiary requirements, including initial evidence, unavailability of official…Read More Breaking News

Congratulations to our team for the National Interest Waiver (NIW) approval!

February 23 2015 - Our law firm received a call from a nice gentlemen who works for a big well known agency in the United States.  He believed that his qualified for Eb1(b) but was having issues to get a job offer with this agency. Since this person was born in South America, we realized that it will be easier to apply for a national interest waiver (NIW). 6 months ago we filed a NIW and today the case was approved and he will soon receive his permanent residence. Congrats.Read More Breaking News

Court Success Story from our San Francisco Office – Congratulations to attorney Oliver Foland.

  • Posted on February 19, 2016
  • /Under Asylum
Seemingly Hopeless Removal Case Ends with Client at Home with Family Brief Facts: The client, a young man with a troubled background was put into removal proceedings after his second criminal conviction. Though at first it seemed as though the case could easily be resolved through a U visa, an extraordinarily generous visa in terms of its benefits and waivers, at the initial bond hearing it soon became clear that the case would be very difficult, as the Government counsel pushed strongly for his detention and removal and the judge quickly denied any…Read More Breaking News

H1B 2017 Fiscal Year Cap Opening Soon – Be ready!

February 11 2016 - The New H1B Cap is opening on April 1 2017. Since we are expecting a lottery this year, we are advising our clients and potential clients to start signing up and preparing early. The H1B is becoming more and more difficult to obtain, from specialty occupation issues to end clients issues, placement companies (Consulting companies) are really struggling to make things happen for the H1B visa holders or those who are on OPT moving to H1B visa. A lawyer who is experienced in the matter becomes a must. We…Read More Breaking News

I-140 EAD – Draft not for Production

December 31 2015 - While the government has not officially announced the I-140 work authorization, it has hinted the possibility based on this new Draft Not for Production which underlines in RED the instructions of how to file for the EAD with an I-140. This is a good sign and we hope that we will see the I-140 EAD soon.  Read More Breaking News

Happy New Year

Happy New Year to all. As you know this year has been full of surprises.  We have great news on beginning of the year with the H4 EAD, then possible I-140 EAD then of course the upward movement on the Visa Bulletin. Then as 2015 was closing, we started seeing a decline including the visa bulletin retrogression  then denial of many benefits to H1Bs, Student visas and refugees. We hope 2016 will be a better year than the last few months of 2015.  We wish you an your family a Happy New Year…Read More Breaking News

Senate Planning to cut H1B program by 15,000

December 14 2015 - Senator Ted Cruz is planning to introduce a bill which will actually cut the H1B visa program by 15,000. Right now the program has 65,000 regular cap and 20,000 masters cap.  This program is already over-subscribed in the past few years, the cutting of the H1B visa will be a major blow especially to students who came on an F1 student visa in the hope of getting a good job on H1B visas and ultimately live the American dream. In addition, there is a move to cut all OPTs…Read More Breaking News