Immigration

Here we have the latest news within the immigration. Read breaking news on immigration updated and analysis at Shah Peerally Law Group

Automatic Revalidation of I-94: For those who want Travel to Mexico, Canada and Adjacent islands

Applies H-1B / H-4, F1, OPT, and few other non-immigrant visa status individuals   Summer is coming and many are planning to travel for short vacations less than 30 days to Mexico, Canada or on short cruises. Usually a visa stamp on the passport is required to be able to travel abroad. However, there is an exception for H4, H1, F1 visas, OPT students and some other non-immigrant visa holders to travel without needing a visa stamp on their passport. This process is called the automatic revalidation (as per revalidation of I-94 status).…Read More Breaking News

Alert: Delays LCAs due to DOL I-Cert issues.

March 23 2016 - The American Immigration Lawyers Association (AILA) "has received reports from  members regarding intermittent iCERT outages and slowness, as well as delays at DOL in processing Labor Condition Application (LCA) FEIN verifications. AILA has alerted DOL to these concerns and will provide updates as they are received. In the meantime, some members have reported receiving an FEIN verification by the time the LCA is adjudicated, even where the system displays a warning to enter a "valid FEIN" when the LCA is submitted and no e-mail communication is received from DOL…Read More Breaking News

H1 Transfer converted from Consular Processing to Change/Extension of Status.

March 22 2016 - We are proud to announce that after a strategic approach, we have successfully reversed a partial denial on an H1B transfer to a change/extension of status. Facts: Client came to see us stating that his lawyer got him an H1B change of employment but unfortunately was unable to get him an extension of status because USCIS believed he fell out of status. While it is frequent to get such sort of approval, in this case because Client's lawyer mistakenly did not file the extension and his amendment in the…Read More Breaking News

Filing your EB permanent residence while you are abroad

Mar 22, 2016 — Many who are tired of waiting want to know if either they can file their permanent residence (EB category) while in India or can they wait in India while the I-140 is being processed? This video explains the possibilities of such a plan. We also have another video for F1 students to move directly to a permanent residence (greencard) please watch it here:https://www.youtube.com/watch?v=pLkWJQEjivk Both of the above follow the same concept of future employment. Make sure you have a lawyer who understands the concept of future employment before applying.Read More Breaking News

Visa Bulletin Predictions for May 2016

March 20 2016 - Since last months we have attempted to assess the visa bulletin and we have come up for some dates on the visa bulletin May 2016. We are hoping both EB2 and EB3 India will move although not to a great extent. Listen to the video and comment about your thoughts. The assessment is based on the I-485 inventory chart and also the previous visa bulletin. Nothing in this video guarantees that this will actually happen, however, it can somehow predict the changes we are expecting for May 2016 Visa…Read More Breaking News

Great Victory on a K1 visa and Marriage Petition.

Congratulations to Shah Peerally and the Shah Peerally Law Group PC for our great VICTORY on a marriage petition based on a K1 and and I-130 petition. The case was argued both in court and USCIS office. Facts : A marriage case which was lost in interpretation. Client (Beneficiary) came to see us when she was placed in removal proceedings (aka deportation) because the Department of Homeland Security(DHS) was convinced that she entered in a sham marriage to obtain immigration benefits. Client came to the United States on a valid K1 fiancee visa…Read More Breaking News

Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability

Purpose This policy memorandum (PM) provides additional guidance to Immigration Services Officers (ISO) for determining, with respect to the job portability provisions in section 204(j) of the Immigration and Nationality Act (INA), whether one job is in “the same or a similar occupational classification” as another job. Specifically, this memorandum instructs ISOs on how to use the U.S. Department of Labor’s (DOL) Standard Occupational Classification (SOC) codes and other evidence to determine if a new job is in the same or a similar occupational classification as the original job offer in an Immigrant…Read More Breaking News

H-1B Fiscal Year (FY) 2017 Cap Season

WASHINGTON – On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming. The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap. USCIS expects to receive more than 65,000 petitions during…Read More Breaking News

Passport Expiry and Extensions Issues.

Recently USCIS has been issuing extensions limited to the dates of the passport validity. Our video is placing an alert on this matter, hoping that people who are filing for their extensions of status on H1b, H4, Ead, F1 visas will make sure they have a good valid passport. This includes but are not limited to extension on H1B, extension on H4, extension on H4 EAD, extension on EADs, extensions on F1 visas and other non immigrant visas.Read More Breaking News

MEDICAL SPECIALISTS MAY QUALIFY FOR PHYSICIAN NATIONAL INTEREST WAIVER

In addition to primary care physicians, medical specialists who agree to practice in any area designated by the Secretary of Health and Human Services as having a shortage of health care professionals may be eligible for the physician national interest waiver under section 203(b)(2)(B)(ii) of the Immigration and Nationality Act. This decision, reached by the Administrative Appeals Office of USCIS, and adopted agency wide by USCIS on March 9, 2016, establishes new guidelines for who is eligible for the physician national interest waiver. “Visas shall be made available . . . to qualified…Read More Breaking News

Medical Specialists May Be eligible for the physician national interest waiver.

Medical specialists who agree to practice in any area designated as a health care shortage area may be eligible for the physician national interest waiver. SUBJECT: Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016) This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of H-V-P- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all USCIS employees. USCIS personnel are directed to follow the reasoning in this decision in similar cases. Matter of H-V-P- clarifies that, in…Read More Breaking News

The E2 Visa – Investing in the USA and get an E2 Visa!

One of the option for a citizen of a foreign country who wishes to enter the United States and invest, they might want to look into an E2 visa. The individual must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. For a list of participating countries, see link on the video. You must be coming to the United States to: - engage…Read More Breaking News

11 Tips on How to Choose for an H1B-Employer

  • Posted on March 12, 2016
  • /Under H1B
Recently many have been asking which employer to choose to file for their H1B visa.  Either you are on an H4 visa or an OPT, the choice is important because it might mean the ability to stay and work in the United States. As such we have tried to compile few tips on on how to choose for the "right employer". Note that the following is provided for educational purposes only, you should not solely rely on the information to make a decision. Nonetheless the information can be very helpful: Pick an E-Verify employer because…Read More Breaking News

Three Difficult Cases Approved!

March 10, 2016 - Congratulations to the Shah Peerally Law Group team regarding three difficult case approval: 1. H1B premium case approved in one week with no Request for Evidence (RFE) 2. H4 EAD with H4 Change of Status from F1 visa approved within 12 weeks including answering the RFE. 3. I-485 adjustment of status EAD approved within eight weeks after filing.Read More Breaking News