Immigration

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

Guidance on Notice to, and Standing for, AC21 Beneficiaries about I-140 Approvals Being Revoked After Matter of V-S-G- Inc.

This is quite good news  regarding withdrawal and revocation of I-140. Based on the Matter of V-S-G Inc, USCIS will now inform both petitioners and beneficiaries on Notice of Intent to Revoke (NOIR) and Notice of Intent to Deny (NOID. However the beneficiaries will have to have duly filed an AC 21 supplement J. See complete memo below. Policy " On November 11, 2017, USCIS adopted as a matter of policy the AAO’s decision in Matter of V-S-G- Inc., which held that beneficiaries who have properly ported under AC21 are affected parties who…Read More Breaking News

USCIS Issues Policy Memo Designating Matter of G- Inc. as an Adopted Decision

USCIS issued a policy memorandum on November 8, 2017, designating the decision of the Administrative Appeals Office (AAO) in Matter_of_G-_Inc. as an adopted decision. Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a "function manager," the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is "essential," i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational…Read More Breaking News

Law Show – October 12 2017

Shah Peerally Law Show - questions answered: immigration, H1B transfers, I-140 revocation, visa bulletin, November visa bulletin, renewal of gc, H1B extension, L1B, grace period, student visa, F1 visa and other immigration issues.Read More Breaking News

Change to INA 212(a)(6)(C)(i) and Introduction of 90 Day Rule

Following a Cable from DOS, there is a change in the 30/60 day rule to 90 days. It is important to note that this is a rebuttable presumption and should be addressed at the outset of the application. 1. SUMMARY: This cable advises posts on the application of INA section 212(a)(6)(C)(i) as it pertains to revised guidance at 9 FAM 302.9-4(B)(3)(g-h) regarding the 90 day rule, formerly known as the “30/60 day rule.” Interagency working groups agreed to a change in policy and expanded the 30/60 day timeframe to 90 days for aliens…Read More Breaking News

USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree. H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, academic research, and accounting. When a petitioner requests the agency’s premium processing service, USCIS guarantees…Read More Breaking News

Visa Bulletin October 2017 is out – EB1 India is now current.

D. SPECIAL IMMIGRANT (SI) TRANSLATOR CATEGORY VISA AVAILABILITY Given the limited availability of visa numbers and the existing demand, the Department expects to reach the FY-2018 annual limit of 50 Special Immigrant Visas in the SI category early in the Fiscal Year. As a result, it has been necessary to establish an October Final Action Date of April 1, 2010. It is likely that number use will require the SI category to become “unavailable” in the coming months. Once the annual limit of 50 visas is reached, further issuances in the SI category…Read More Breaking News

Breaking News: USCIS to conduct Interviews for All Employment Based Green Cards

According to an article by Politico, it seems that under the rules of "extreme vetting", USCIS will be conducting an interview on adjustment of status for those applying for permanent residence based on employment (EB). Immigration authorities will require an in-person interview for certain applicants for green cards, a change likely to slow the process of obtaining one. The new requirement, which was confirmed Friday by a spokesman for the U.S. Citizenship and Immigration Services, will apply to anyone moving from an employment-based visa to lawful permanent residency. Visa holders who are family…Read More Breaking News

June 2017 Visa Bulletin – Retrogression on EB1 for India

Newark CA May 10 2017 - To our surprise, it seems that EB1 for India is retrogressed to January 2012 for Chart A (processing dates) on the Visa Bulletin June 2017. Fortunately, the acceptance date on Chart B is still current implying that EB1 categories will still be able to file for adjustment of status if they wish to do so. As for the EB2 and EB3 India, there are no great movements although we are glad it has not retrogressed. See full Visa Bulletin June 2017 here. June 2017 Visa BulletinRead More Breaking News

USCIS Completes Data Entry of Fiscal Year 2018 H-1B Cap Subject Petitions

USCIS announced on May 3, 2017, that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions. USCIS asks petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected…Read More Breaking News

USCIS Will Accept H-1B Petitions for Fiscal Year 2018 Beginning April 3

WASHINGTON — U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected. The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as science, engineering and information technology.…Read More Breaking News

Endless wait on Eb-2 ended with successful EB-1A petition!!!

  • Posted on March 9, 2017
  • /Under EB1
Client V.M. contacted Attorney Sharif Silmi after watching his informative video about keys to filing a successful EB-1A petition (https://www.youtube.com/watch?v=kuE_TpNWksk) and asked for an analysis for EB1A. V.M., originally from India, has been in the United States for 16 years. First as a graduate student then after completing his studies he was hired as an information systems analyst with a large utility company. He had an approved EB-2 I-140 with potentially decades to go before his priority date came due. After being turned away by several attorneys, V.M. put his trust in the…Read More Breaking News

USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions

Announcement from USCIS Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. We will notify the public before resuming premium processing for H-1B petitions. Who Is Affected The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject…Read More Breaking News