Employment Based (EB)

This category covers the employment based relates articles.

Shah Peerally Law Show June 30th 2016

This law shows covers H4 visa and H4 EADs most frequently asked questions including changing jobs while and spouse on H4 EAD, revocation of I-140 impact on H4 and H4 EAD.  Attorney Shah Peerally also covers issues relating to students new rules on I-983.  Listen to the recorded podcast on ITunes, Google play and Podomatics.Read More Breaking News

Using the EB1c and L1A as an investor visa and reduce the waiting on EB category for India and China

  • Posted on June 22, 2016
  • /Under EB1
Many are wondering how they can open a branch or subsidiary in the United States and ultimately travel to the United States. The L1A is good option which can turn into a permanent residence under EB1c. It is also provides alternatives to those individuals and company employees from India and China who have been waiting for years under the EB2 and EB3 categories. Indeed EB1 category is current for both India and China as well as other countries of the world. This podcast and video by attorney Sharif Silmi from the Shah Peerally…Read More Breaking News

H1B Layoffs and Job Loss

June 20 2016 - In America'Layoffs' are part and parcel of the workforce industry. However, when an H1B visa holder is terminated, things are not so easy for them. The biggest issue is that H1B visas do not offer a "grace period" so that the employee has a chance to find another position to actually 'transfer' the employment. However, it is not all lost because the H1B employee has other options namely the new employment with a cap exempt situation. The video attached covers the issues related to H1B visa holders in situations…Read More Breaking News

Options for Middle East Investors or Workers to come to the USA

The United States is still one of the most praised destinations for investors. Countries such as the UAE are international business hubs especially Dubai, and Oman. However, these countries although will offer work permits but no permanent residency or citizenship to those living in those countries. As such many are looking for a more permanent solution for the future. For those people we have looked into the options from UAE to the United States. Note that this presentation does not covers all the possibilities but only some of the most common options. We…Read More Breaking News

Dealing with no birth certificate

Whenever you are filing an immigrant visa such as parents petition, marriage petition, or an adjustment of status among other applications, there is a requirement for a birth certificate. Unfortunately for some, this is not available. This audio and video explain how to deal with unavailable birth certificates.Read More Breaking News

August 2016 Visa Bulletin Predictions!

June 13 2016 - We have made a prediction for August 2016 on the Visa Bulletin. Unfortunately things do not look good for India and China. We might unfortunately be seeing even another retrogression for both India and China. Having said that, you never know with the Visa Bulletin, we might actually see a better situation. Subscribe to our Youtube channel for updates. Let us hope for the best, please sign our petition below - to reduce the time on EB2 for India and China.Read More Breaking News

AILA calling on sample of H1B amendment cases denied Based on Simeio decision.

"AILA's Annual Conference panel discussing Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), is seeking examples of RFEs or denials received concerning issues presented by the decision, such as questioning a work site change in terms of the worker's maintenance of status, resulting from either the filing of an amended H-1B petition (I-129) or the filing of an application to adjust status to lawful permanent resident (I-485). Please send examples to Leslie Dellon at [email protected], subject line "Matter of Simeio Solutions RFE/Denial."Read More Breaking News

What your receipt issued by USCIS means?

The USCIS receipts and their numbers can be quite confusing for many. As such we have written this quick guide how it works. Whenever you file any petition or application to USCIS, you will receive a receipt notice form usually form I 797 A/B/C and so on. It’s very confusing because sometimes it shows I 797 A, other times I 797 B or I797C. Here are the actual form by name and a simple explanation what they mean: I-797, Notice of Action Issued when an application or petition is approved (e.g. Family based…Read More Breaking News

Open Letter to President Obama on Visa Bulletin Retrogression for India and China

June 2, 2016 The Honorable Barack Obama President of the United States The White House 1600 Pennsylvania Avenue Washington, DC 20500 Mr. President: I am writing in regards to severe, debilitating delays in employment based immigration wait times for Indian and Chinese nationals seeking to enter the United States or change status from non-immigrant employment visas to employment based immigration visas in primarily the second and third categories. The State Department’s June 2016 Visa Bulletin indicates a 4-year retrogression for India. In May 2016, India was 8 years behind being current, i.e., authorized…Read More Breaking News

Filling your adjustment of status

With the visas retrogressing quickly, it is a good idea to actually file your adjustment of status (AOS) quickly in case you need to file under either family petition or under employment immigration especially. This video is provided at the courtesy of the Shah Peerally Law Group PC and ImmiLawHelp.Read More Breaking News

Sample Questions and Tips for H1B Visa Stamping at the US Consulate.

After your H1B visa is approved by the Department of Homeland Security (DHS) and if you are abroad, you will need a stamping of visa on your passport at the US Consulate (Department of State). You might also need a stamping for other reasons. This podcast covers the possible questions as it relates to the H1B visa interview at the US embassy. Note that these are just samples and questions can actually vary based on the case. We recommend preparing yourself well for the interviews.Read More Breaking News

Comments Period Completed on the long Awaiting Rule for I-140 – Now on Final Stage!

The rule "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers" has now reached its final stage.  Let us hope we will  see some breakthrough on this one. DHS/USCIS Final Rule Stage Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers 1615-AC05 Here is a Summary of the regulation proposed. Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant…Read More Breaking News