Immigration

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

Senate Passes Immigration Bill

The long awaited immigration bill now made it through the Senate with a win 68-32. While many are rejoicing this is only one battle won, the House of Representatives is probably the biggest hurdle. President Obama said today "Today, the Senate did its job, it's now up to the House to do the same." >> Read MoreRead More Breaking News

Consequences of Abusing the the Curriculum Practical Training (CPT) by students on the student visa.

What is a CPT? The CPT - Curriculum Practical Training program as its name suggest is a program offered by the USCIS allowing students on student visa to work as long as the work is an integral part of an established curriculum. CPT is defined as "alternate work/study, internship, cooperative education, or any other type of required internship or practicum which is offered by sponsoring employers through cooperative agreements with the school." Thus, CPT for F-1 students is intended to provide work experience in the U.S. in situations where the work serves as…Read More Breaking News

Can an H4 Visa holder engage in employment abroad (remote work) while inside the United States?

The question above cannot be easily answered. However, most lawyers and people who researched the law including our own team believes that H4 visa holders CANNOT engage in active work while on US soil for a foreign company although the payment is made abroad. However, there are some other school of thoughts which might argue otherwise, but our understanding of the law reflects this: As per 8 CFR 214.1(e) states that any non-immigrant who is physically present in the U.S. may not engage in any employment in the United States unless it is…Read More Breaking News

Indian reactions to Comprehensive Immigration Bill

The Indian IT industry is worried about the proposed Comprehensive Immigration Bill, because there are apprehensions that if this bill is passed it would mean problems for the trade relations between India and the US. Expected reactions flooded from all big IT giants, including the IT industry’s premier body, Nasscom. The official reaction termed the bill as, ‘highly discriminatory and designed to debilitate Indian IT companies.’ If the bill is passed, companies with a substantial amount of local employees on H-1B visas would now have to stop locating their workers with such visas…Read More Breaking News

The Immigration Marriage Fraud Interview – The Movie

Although most marriage petition cases go smoothly, we still see many cases denied because either the clients are not prepared, not represented or even could not really take the pressure. Having handles hundreds of such interviews, we know sometimes people are denied just because they are too scared or unable to answer simple questions. However, there are also other important factors which can result in a denial. We recommend that you watch this movie. It might definitely help you understand the process. Note that this is a fiction provided only for educational purposes.…Read More Breaking News

Breaking News – H1B Cap reached.

USCIS Reaches FY 2014 H-1B Cap U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption. USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014…Read More Breaking News

Possible News on the H1B 2013 Cap.

It has been reported that by Firstpost.com and also by some AILA members that there was 50,000 H1B cases submitted on the first day of April 1, 2013. Washington: The US received nearly 50,000 packages of H-1B visa applications on the very first day, a media report has said, which is reflective of the sudden surge in demand of the country’s most sought after work visas for the IT professionals. The USCIS (United States Citizenship and Immigration Services), officially, has not come out on the number of H-1B applications received by it since…Read More Breaking News

A movie on VAWA and other Immigration issues

‘Shattered Freedom’, is an episode from the series ‘The Immigration Lawyer’. This is a film that every immigrant should relate to. The film is a pure fiction inspired by Mr. Peerally’s and his law firm’s experiences, his struggle through life, the hardships he has seen in his career as a lawyer, the deceit and above all the hope of living the American Dream that survives amidst it all. It is about being offered the opportunities that one did not know existed, within the American society and American legal system. Premier on March 31,…Read More Breaking News

IS A MARRIAGE VALID FOR IMMIGRATION PURPOSES EVEN IF NOT CONSUMMATED?

By: Shah Peerally Esq. Consummation of a marriage is basically defined as having a sexual relationship or sexual intercourse during the marital relationship and for immigration purposes it is an important factor in determining the bona fide of a relationship. However, under the Matter of Peterson, 12 I&N Dec. 663 (BIA 1968), a marriage validity is not determined by consummation. In this case, the court agreed on the validity of the marriage of an elderly couple who lived together but did not have sexual intercourse. Problems Dealing with the authorities Although in Peterson,…Read More Breaking News

Benching H1B employees and not paying them is illegal and can be costly to IT consulting firms

For years, our law firm has advocated that IT consulting or other consulting companies should not  "bench" their employees.  Benching is the process of not paying the H1B employees while there is no work for them especially if they are working on different clients' sites.  We have previously written extensively on the mistakes of IT consulting firm policies and how to correct them. However it seems some of them has not really learn the lesson. In a lawsuit filed in labor court against Dibon Solutions of Carrollton, Texas in the U.S. District Court for…Read More Breaking News

Is the form I601A – Provisional Waiver for Unlawful Presence Available?

Yes, the form is now available on www.USCIS.gov website.  The 601 A form is now available, we recommend applicants to make sure they are not barred entry based on other violations than unlawful presence.  For this reason we recommend you hire an attorney to help I-601A, Application for Provisional Unlawful Presence Waiver   Download Form I-601A (1KB PDF) Download Instructions for Form I-601A (1KB PDF) Download Form G-1145, E-Notification of Application/Petition Acceptance (1KB PDF)   Purpose of Form :< Certain immediate relatives of U.S. Citizens may use this form to request a provisional unlawful presence waiver…Read More Breaking News

Updates on H4 Visa

U.S. Department of Homeland Security Retrospective Review of Existing Regulations – Progress ReportJanuary 14, 2013 January 2013 Full DHS report Follow Updates on H4 on Twitter - H4VisaRead More Breaking News