Immigration

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

MARRIAGE PETITIONS

Marriage is a fundamental and globally celebrated institution. Indeed, the United States Supreme Court has held marriage to be a fundamental right, and afforded great deference. As such, a foreign national spouse of a United States citizen may file for permanent resident status in the United States, to be processed immediately. Bona Fide Marriage Obtaining a green card through marriage, however, may not be as easy as it seems. Because it is the easiest and most expedient route to a green card for foreign nationals, it is also highly scrutinized for fraud. Thus,…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Public Law 111-230 H-1B, L-1 Additional Fees Expire – Additional $2000 or $2,250 fees no longer applicable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

Announcement – Shah Peerally Law Show broadcasting in Seattle and California!

October 1, 2015 - The Shah Peerally Law Group PC is proud to announce that our law shows are now simultaneously being broadcasted on Desi 1170 AM (KLOK 1170 AM) and also in Seattle Tacoma area on Desi 1250.  The show airs on Thursdays from 10am to 11am (PST).  The Shah Peerally law show has been airing on the San Francisco, San Jose and Sacramento areas for more than five years and its popularity has increased over the years covering different issues on immigration, social problems and debt settlement. The law office is…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

AILA urges Obama to take more Syrian Refugees

Washington, DC - The American Immigration Lawyers Association (AILA) today called upon President Obama to go beyond the commitment he made to resettle 10,000 Syrian refugees and to extend more meaningful protection to all refugees and asylum seekers whether they are resettled from abroad or have crossed U.S. borders fleeing violence, persecution, and other horrors. "The need is both urgent and dire as Syrian refugees flee violence and turmoil in search of safety and security," said AILA President Victor Nieblas Pradis. He continued, "There are four million Syrian refugees seeking protection in Europe…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

Special Thanks to DHS for the Yemen TPS

September 3 2015 - Few months ago, we started a campaign  to support the cause for Yemen in regards to a Temporary Protected Status (TPS) in order to protect those Yemeni nationals who are in the United States. After numerous petitions, advocacy and campaigns, the Department of Homeland Security (DHS) has finally designated Yemen for TPS (Temporary Protected Status). Therefore granting our request. This means that the Yemeni nationals who are in the United States are now eligible for protection (TPS) and can file for work permit. The TPS starts as from September…Read More Breaking News

USCIS simplifies fee payment

September 1 2015 - USCIS has simplified the process for paying the USCIS Immigrant Fee online in our electronic immigration system. The revised payment process reduces the amount of information an immigrant must provide to USCIS. Additionally, in response to customer feedback, anyone can now pay the USCIS Immigrant Fee for an immigrant. For example, a family member, friend, employer, attorney, or accredited representative can pay the fee as long as they have the immigrant’s Alien Registration Number (A-Number) and DOS Case ID. The USCIS Immigrant Fee is required for individuals immigrating to…Read More Breaking News

U Visa Data on I-918 from 2009 to 2015 Released

September 2 2015 - This chart is the data on the number of I-918 Petitions for U Nonimmigrant Status (Victims of Certain Criminal Activities and Family Members) by Fiscal Year, Quarter, and Case Status 2009-2015. From 2009 to 2014, the number of pending U visas has increased around 4 times (from 21,138 to 79,009). Simultaneously the number of application has increased from 2009 to 2014 from 6835 to 26, 039. Based on this data, we can conclude that the number of U visa applications increase is what is causing the delay in certain…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