H1B Transfer after six years.

November 7 2015 - In order to transfer the H1B once someone past 6 years of extension usually require one to qualify under AC 21 rules or an approved I-140 petition. This video is a guide on the necessary elements to transfer the H1B once someone passes its 6 years on H1B.Read More Breaking News

Porting I-140 priority date.

November 6 2015 - The priority date has become a big issue of confusion especially after the recently Board of Immigration Appeals (BIA) non-precedential decision – In re: Grace Estrellado – the result appears contrary to the U.S. Citizenship and Immigration Services’ (USCIS) policy regarding priority date retention. Watch this video on the issue.Read More Breaking News

Retaining Priority date on a revoked I-140 – Non Precedential BIA case of in Re Grace-Estrellado

In the matter of in Re Grace Estrellado, the BIA in a non-precedential decision decided to depart from the usual government regulation and state that if an I-140 is revoked, then the priority cannot be ported to another approved I-140. This decision although non-biding on other decisions has now created a huge confusion in the legal community and among many applicants. This decision actually departs from the The Foreign Affairs Manual (9 FAM 42.53 N3.5) guidance which states: “Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresentation, a priority date accorded…Read More Breaking News

Understanding the New Visa Bulletin from October 2015

September 10 2015 - The new Visa Bulletin of October 2015 although not excellent news, is somehow a great news for many especially applicants from India. What the Department of Homeland Security and the Department of State have essentially done is to divide the the visa bulletin to allow mobility of the employees. As you will see on the October 2015 visa bulletin (charts reprinted below), there are two different dates.  We are referring to them as Chart One and Chart Two. For those whose dates are current based on the second chart…Read More Breaking News

The Shah Peerally Law Show August 20 2015

August 20 2015 - The Immigration law show hosted by Shah Peerally covered topics such as adjustment of status, change of status, H1B issues, H1B transfer, I-140 revocation, I-140 EAD, EB1 types, and other very interesting immigration issues. Listen to the recorded live show here.Read More Breaking News

The Shah Peerally Law Show August 13 2015

August 13 2015 - The Shah Peerally Law Show today covered interesting topics such as the current visa bulletin and September 2015 visa bulletin and all its related issues including H1B extensions, I-140 AC 21 issues, EB1 issues and delays on EB categories. Please listen and share the recorded live show.Read More Breaking News

Shah Peerally Law Show August 6 2015 – H1B, H4 EAD, and Green Card.

August 6 2015 - Shah Peerally Immigration Law Show discussing H1B visa, H4 EAD, I-140 EAD, H4 visa, L1b visas, employment immigration, USCIS rules, adjustment of status, B1/B2 extension, B1 adjustment of status, family immigration, visitor visa, f1 visa, student visa and other immigration issues. Hosted by Shah Peerally Music podcasts - Audio Hosting - Immigration Law - Shah Peera...Read More Breaking News

July 30 2015 Immigration Law Show – H4 visa issues, H1B and adjustment of status.

The July 30 2015 law show covered questions such as H1B amendment, H1B transfers, premium processing, H4 work permit, I-140 revocation, B1/B2 and adjustment of status, tourist visa extension, visitor visas, adjustment of status and many more interested topics. Listen to the recorded law show here.  Please share the link. Listen Music Files - Upload Audio Files - Immigration Law Show by Shah...Read More Breaking News

So far the H4 EAD program has been a success. What can we expect next?

July 28 2015 - The H4 Employment Authorization Document (EAD) offered by the USCIS seems to be a success story for many.  We are hoping based on the high rate of approvals we are seeing in similar cases, many will be encouraged to file to for their H4 EAD i.e. their work permits under H4.  Although so far our law has not seen any request for evidence issues in respect to such applications, it does not mean that we might not see such issues in the future. This article might be helpful in case…Read More Breaking News

The I-140 EAD (Employment Authorization Document) Proposed Rule

In the Spring of 2015, the Department of Homeland Security under Regulatory Agenda proposed a rule under Employment-Based Immigration Modernization   to change the existing I-140 employment based approval to grant a work authorization for those who are endlessly waiting for a permanent residence. This follows the November 2014, President Obama's announcement to change the law.  This rule is being proposed just like the H4 EAD was initiated and is still at the proposed rule stage.  It has to take its course before it becomes law. If it goes through, this rule might actually…Read More Breaking News
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