Immigration

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

Problems in filing N400 – Naturalization based on 3 years marriage to a US citizen.

By: Shah Peerally Esq. If a permanent residence card (green card) holder is married to a US citizen, the person can file for citizenship (naturalization) on the 2 years and 9 months anniversary of the resident card. However, in case someone is planning to file under this provision, we recommend that this person marriage is still going strong although there are arguments to be made that the marriage is not terminate. Note that if someone obtained their permanent residence through VAWA, and the abuser was a US citizen, you can still file under…Read More Breaking News

If I own a company can I file a PERM for a family member or a relative?

By: Shah Peerally Esq. This is a question that is frequently asked.  There are no real simple answer however, it is something that can actually be done. Indeed you might be able to file a PERM labor certification for a relative although it is not recommended.  There are many things which need to be considered and some of those are laid out in this BALCA decision Matter of MMB Stucco. 20 C.F.R. § 656.17(l). Section §656.17(l) states: If the employer is a closely held corporation or partnership in which the alien has an ownership…Read More Breaking News

When can a company revoke my I-140?

Hypothetical I: Company A filed EB3/EB2 for Candidate X, the Form I-140 was approved and the priority date is not current. Candidate X moves to another company. Company A decides to revoke the Form I-140. Question: Can Company A revoke the Form I-140 in Hypothetical I? If yes, what happens to the priority date? Answer: Yes they can. However, unless fraud is proven, Candidate X can keep the priority date for a future I-140 application. Hypothetical II: Company A filed an EB3/EB2 for Candidate X, Form I-140 was approved and priority date became…Read More Breaking News

The visa cut-off dates data February & March 2013 – The Visa Bulletin!

Monthly Determination of Employment Preference Cut-Off Dates Each month, the Visa Office subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and CIS Offices, grouped by foreign state chargeability, preference category, and priority date. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000 applicants, the category…Read More Breaking News

PERM Labor Certifications: The Problem with Local/Ethnic Newspapers,

PERM Labor Certification problems with the wrong choice of newspapers. It is important for you to know how the system works. A mistake can actually cost you a denial. Case referred. May 18, 2012 – BALCA held that the placing of a third advertisement in a single newspaper may satisfy the PERM recruitment requirements if the newspaper meets the criteria of both a local newspaper and a newspaper of general circulation. (Matter of Symrise, 5/18/12) If you want help call us today on 510 742 5887 or email [email protected] Information provided is for educational purposes only.…Read More Breaking News

Why Should I file an AC21 letter to transfer GC application?

The AC 21 Act - American 21st Century Act of portability situation does not require someone to  file any AC21 letter if he/she is porting the permanent residence pending adjustment of status from one company to another.  However our law firm highly recommend beneficiaries to do so. In fact, there are only two main elements which need to be met to be qualified under AC 21: 180 days have passed after the adjustment of status was filed; and Applicant move to a 'same or similar' position. Neither an approved Form I-140 nor a letter is…Read More Breaking News

Influx of RFEs and USCIS reopening approved cases

If you want real legal services by real lawyers call us today on 510 742 5887 or email [email protected] Information provided is for educational purposes only. You should not or refrain to act solely on the information provided. You should contact an attorney before you decide to move forward on your case. » RECENT ARTICLES » IN THE NEWS » PRO BONO, ADVOCACY & COMMUNITY OUTREACH » MEMOS AND GOVERNMENT GUIDES » SHAH PEERALLY LAW SHOW ARCHIVES » VISA BULLETINRead More Breaking News

Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)

Introduction Section 106(c) of AC21, commonly known as the job flexibility provision, was enacted as Immigration and Nationality Act (INA) section 204(j). This portion of the INA is provided below for convenience: A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification…Read More Breaking News

I do not speak English and Want to take the Naturalization Test!

You might be able to get an exemption on the English test for Citizenship (Naturalization) test.  The naturalization english test waiver still requires that you know the civics.  You can use an interpreter to help during the english test waiver interview. Exemptions to the English Test Requirement You may be eligible for a waiver of the English test if you meet certain requirements. There are two types of exemptions: your age and time as permanent resident, or medical reasons. Exemption 1: If you are over 50 years old and have lived in the…Read More Breaking News

AC21 question and whether it is better to stay on H1B or move on EAD?

Caller: I have been on H1b now for like last 5 years, I got my EAD recently but my priority date is October 2008 and I won’t get GC very soon, my questions is that if I switch my employer the one from which who has applied for my I-485, and start using my EAD, do I need to come back to my current employer again to get my GC? A: No, not if you do an AC21 move, AC21 is American 21st Century Act and allows you to port the GC. it’s…Read More Breaking News

Applying US child passport and no birth certificate for parents.

Caller: My husband went through the naturalization process recently and we are US citizens now, our son was born in India, so we wanted to apply for his N600, so what is the process for that? A: Where is your son? Caller: He is here he has a GC he is ten years old. So he is already a US citizen right now, you can just apply for his passport you don’t need the N-600. Do you need the certificate? Caller: So what is happening is so for the passport when we went…Read More Breaking News

Great Article on Sulekha regarding H4 Holders!

Mr. Vivek Wadhava’s Testimony for H4 Visa Holders at the White House By Navneeta Khemka It has been decades that women come as dependants to their H1B spouses to America and get caught up in a situation in which they see no escape. They are not allowed to work, and smart educated women, live in the four walls doing unproductive household chores. Read ArticleRead More Breaking News

Immigration Innovation Act of 2013

A summary of the bill is below. The full text of the legislation can be found HERE. Immigration Innovation (I2) Act of 2013 Employment-Based Nonimmigrant H-1B Visas Increase H-1B cap from 65,000 to 115,000 Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move) If the cap is hit in the first 45 days when petitions may be filed, an additional 20,000 H-1B visas will be made available immediately.…Read More Breaking News

4 Ways to deal with the waiting on your EB2 immigrant visa if you are from India

By: Shah Peerally Esq. Some time back, the State Department released an EB Demand Data report which shows a sudden unprecedented growth in EB2-India cases since the year 2007. This is about 33 times more, than normal, compared to the number of EB2-India cases that are pending in 2012 as compared to 2007. Comparatively, EB3-India has had a pretty modest growth. Close on its heels is the news bulletin from November 2012 which brings a fresh dose of disappointment for Indian nationals waiting on their EB2 immigrant visa, all over again. The EB2-India…Read More Breaking News