Employment Based (EB)

This category covers the employment based relates articles.

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The priority date has become a big issue of confusion especially after the recently Board of Immigration Appeals (BIA) non-precedential decision – In re: Grace Estrellado – the result appears contrary to the U.S. Citizenship and Immigration Services’ (USCIS) policy regarding priority date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

Dealing with Birth Certificates Issues.

November 4 2015 - Birth certificates are required whenever someone is filing for adjustment of status or processing their permanent residence card. However, some people do not actually have a birth certificate. There are specific ways to deal with such situations. Please check this video on birth certificates especially from India, Pakistan, and Afghanistan.Read More Breaking News

Liquidated Damage Clauses – H1B Employee Contracts

Liquidated Damage Clauses – H1B Employee Contracts What is a Liquidated Damages Clause Many (if not most) contracts, including those between an employee and their employer, contain a liquidated damages clause. Such a clause stipulates what the penalty will be in the event that a party breaches the contract. Because, however, breach of contract is not a crime and in many instances is, in fact, encouraged, liquidated damages clauses may only compensate the non-breaching party, and may not impose penalties for the breach. Indeed, the Restatement (Second) of Contracts states: “Damages for breach…Read More Breaking News

DHS Proposing a 24 Months Extension on OPT – Great News for F1 Students!

The Department of Homeland Security (DHS) proposes to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. The rule also improves and…Read More Breaking News

Public Law 111-230 H-1B, L-1 Additional Fees Expire – Additional $2000 or $2,250 fees no longer applicable

October 7 2015 - H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1 petitions. The additional fee required by Public Law 111-230, as amended, expired on Sept. 30, 2015. All other H-1B and L-1 fees, including the Base fee, Fraud Prevention and Detection Fee, and American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) Fee when applicable, are still required. Petitions with incorrect…Read More Breaking News

AAO Non-Precedent Decisions

The Administrative Appeals Office (AAO) generally issues non-precedent decisions. These apply existing law and policy to the facts of a given case. A non-precedent decision is binding on the parties involved in the case, but does not create or modify agency guidance or practice. We do not announce new constructions of law nor establish agency policy through non-precedent decisions. As a result, non-precedent decisions do not provide a basis for applying new or alternative interpretations of law or policy. If you are looking for information regarding the AAO's precedent decisions, which are binding…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

Great News – The New Visa Bulletin shows a moving forward.

Finally after a fight, the petition of reducing the time for India EB2 seems to have been heard USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and…Read More Breaking News

Shah Peerally Immigration radio show – August 31 2015

September 1 2015 - The Shah Peerally Law Show of August 31 2015 recorded live from KlOK 1170 AM was very interesting because it covered topics such as H1B transfers, I-140 and transfer to another company, H4 visas, H4 EAD, Fiancee K1 visas, marriage petitions, adjustment of status and many other issues including choosing between H1B and H4 EAD. Listen to the recorded show and please share.Read More Breaking News

H1B and Startups.

The Silicon Valley thrives on startups.  The truth is that startups endeavors are what actually bring the greatest innovations in technology and as such their well-being  is of utmost importance.  Many startups find themselves in situations where they have to hire foreign labor especially H1B visa holders for their projects.  However there is a stigma attached to hiring foreign workers to perform. This article covers some of the issues related to H1Bs and startups. We encourage startups to read the article and in case you need help to file for your startup H1B…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

USCIS Releases Final New L1B Adjudication Memo.

August 17 2015 - USCIS has finally released the new L1B adjudication memo.  The requirement of "specialized occupation" is the issue which is allegedly clarified in this memo. "This policy memorandum provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States. It provides consolidated and authoritative guidance on the L-1B program, superseding and rescinding certain prior L-1B memoranda. This memorandum also updates the Adjudicator’s Field Manual (AFM) by replacing AFM chapter 32.6(e) with the version included in…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