Indian reactions to Comprehensive Immigration Bill

The Indian IT industry is worried about the proposed Comprehensive Immigration Bill, because there are apprehensions that if this bill is passed it would mean problems for the trade relations between India and the US. Expected reactions flooded from all big IT giants, including the IT industry’s premier body, Nasscom. The official reaction termed the bill as, ‘highly discriminatory and designed to debilitate Indian IT companies.’ If the bill is passed, companies with a substantial amount of local employees on H-1B visas would now have to stop locating their workers with such visas…Read More Breaking News

The Immigration Marriage Fraud Interview – The Movie

Although most marriage petition cases go smoothly, we still see many cases denied because either the clients are not prepared, not represented or even could not really take the pressure. Having handles hundreds of such interviews, we know sometimes people are denied just because they are too scared or unable to answer simple questions. However, there are also other important factors which can result in a denial. We recommend that you watch this movie. It might definitely help you understand the process. Note that this is a fiction provided only for educational purposes.…Read More Breaking News

Breaking News – H1B Cap reached.

USCIS Reaches FY 2014 H-1B Cap U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption. USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014…Read More Breaking News

Possible News on the H1B 2013 Cap.

It has been reported that by Firstpost.com and also by some AILA members that there was 50,000 H1B cases submitted on the first day of April 1, 2013. Washington: The US received nearly 50,000 packages of H-1B visa applications on the very first day, a media report has said, which is reflective of the sudden surge in demand of the country’s most sought after work visas for the IT professionals. The USCIS (United States Citizenship and Immigration Services), officially, has not come out on the number of H-1B applications received by it since…Read More Breaking News

A movie on VAWA and other Immigration issues

‘Shattered Freedom’, is an episode from the series ‘The Immigration Lawyer’. This is a film that every immigrant should relate to. The film is a pure fiction inspired by Mr. Peerally’s and his law firm’s experiences, his struggle through life, the hardships he has seen in his career as a lawyer, the deceit and above all the hope of living the American Dream that survives amidst it all. It is about being offered the opportunities that one did not know existed, within the American society and American legal system. Premier on March 31,…Read More Breaking News

IS A MARRIAGE VALID FOR IMMIGRATION PURPOSES EVEN IF NOT CONSUMMATED?

By: Shah Peerally Esq. Consummation of a marriage is basically defined as having a sexual relationship or sexual intercourse during the marital relationship and for immigration purposes it is an important factor in determining the bona fide of a relationship. However, under the Matter of Peterson, 12 I&N Dec. 663 (BIA 1968), a marriage validity is not determined by consummation. In this case, the court agreed on the validity of the marriage of an elderly couple who lived together but did not have sexual intercourse. Problems Dealing with the authorities Although in Peterson,…Read More Breaking News

Benching H1B employees and not paying them is illegal and can be costly to IT consulting firms

For years, our law firm has advocated that IT consulting or other consulting companies should not  "bench" their employees.  Benching is the process of not paying the H1B employees while there is no work for them especially if they are working on different clients' sites.  We have previously written extensively on the mistakes of IT consulting firm policies and how to correct them. However it seems some of them has not really learn the lesson. In a lawsuit filed in labor court against Dibon Solutions of Carrollton, Texas in the U.S. District Court for…Read More Breaking News

Is the form I601A – Provisional Waiver for Unlawful Presence Available?

Yes, the form is now available on www.USCIS.gov website.  The 601 A form is now available, we recommend applicants to make sure they are not barred entry based on other violations than unlawful presence.  For this reason we recommend you hire an attorney to help I-601A, Application for Provisional Unlawful Presence Waiver   Download Form I-601A (1KB PDF) Download Instructions for Form I-601A (1KB PDF) Download Form G-1145, E-Notification of Application/Petition Acceptance (1KB PDF)   Purpose of Form :< Certain immediate relatives of U.S. Citizens may use this form to request a provisional unlawful presence waiver…Read More Breaking News

Updates on H4 Visa

U.S. Department of Homeland Security Retrospective Review of Existing Regulations – Progress ReportJanuary 14, 2013 January 2013 Full DHS report Follow Updates on H4 on Twitter - H4VisaRead More Breaking News

Problems in filing N400 – Naturalization based on 3 years marriage to a US citizen.

By: Shah Peerally Esq. If a permanent residence card (green card) holder is married to a US citizen, the person can file for citizenship (naturalization) on the 2 years and 9 months anniversary of the resident card. However, in case someone is planning to file under this provision, we recommend that this person marriage is still going strong although there are arguments to be made that the marriage is not terminate. Note that if someone obtained their permanent residence through VAWA, and the abuser was a US citizen, you can still file under…Read More Breaking News

If I own a company can I file a PERM for a family member or a relative?

By: Shah Peerally Esq. This is a question that is frequently asked.  There are no real simple answer however, it is something that can actually be done. Indeed you might be able to file a PERM labor certification for a relative although it is not recommended.  There are many things which need to be considered and some of those are laid out in this BALCA decision Matter of MMB Stucco. 20 C.F.R. § 656.17(l). Section §656.17(l) states: If the employer is a closely held corporation or partnership in which the alien has an ownership…Read More Breaking News

When can a company revoke my I-140?

Hypothetical I: Company A filed EB3/EB2 for Candidate X, the Form I-140 was approved and the priority date is not current. Candidate X moves to another company. Company A decides to revoke the Form I-140. Question: Can Company A revoke the Form I-140 in Hypothetical I? If yes, what happens to the priority date? Answer: Yes they can. However, unless fraud is proven, Candidate X can keep the priority date for a future I-140 application. Hypothetical II: Company A filed an EB3/EB2 for Candidate X, Form I-140 was approved and priority date became…Read More Breaking News

The visa cut-off dates data February & March 2013 – The Visa Bulletin!

Monthly Determination of Employment Preference Cut-Off Dates Each month, the Visa Office subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and CIS Offices, grouped by foreign state chargeability, preference category, and priority date. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000 applicants, the category…Read More Breaking News