Immigration

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

Willful Misrepresentation or Fraud in providing Documents to apply for H1B, or OPT.

  • Posted on April 9, 2016
  • /Under CPT
April 8 2016 - Some of the students of the University of Northern New Jersey (UNNJ) who applied for an OPT or an H1B visa, have been receiving a number of requests for evidence (RFEs) based on their physical and actual attendance of UNNJ classes including but not limited to transcripts, parking space receipts, attendance records, etc. Since UNNJ was not a real school per se, many of those records were wrongfully obtained either through the brokers or the school administrations. As such bogus parking space receipts, false attendance records and false transcripts…Read More Breaking News

Justice Department Published complaints against Defendants on UNNJ cases

April 9 2016 - The UNNJ case is a sting operation by the DHS using a "fake university" called University of Northern New Jersey (UNNJ). The sting operation  has been going on since 2012.  As  the cases will unfold we will know whether the UNNJ students or ex-students were 'co-conspirators' or just victims? If they were victims or just witnesses, it will be appropriate for the government to issue  U visas or T visas accordingly. Until we finalize our research and do our own investigations, we cannot conclusively assess the possibilities of the…Read More Breaking News

Shah Peerally Law Group calling on Congress to increase the Visa Cap for Victims of Crimes known as the U visa Cap.

FOR IMMEDIATE RELEASE Newark CA April 5th 2016 - The Shah Peerally Law Group Pc, an immigration law firm in California, calls on Congress and President Obama to increase the U visa cap from 10,000 to 30,000. The law firm which had previously, with great success, championed for the H4 work permit and TPS for Yemen, has now set its goal to help immigrants who are victims of criminal activities. The U visa is given to those who are victims of certain crimes. Congress created the U non-immigrant visa with the passage of…Read More Breaking News

Can you transfer an H1B if your I-140 was revoked?

  • Posted on April 5, 2016
  • /Under H1B
This is a very popular question when H1B visa holders find themselves with revoked I-140 petitions.  The common scenario is as follows: Raj works for a company A, Company A has obtained an approved form I-140 based on an approved labor certification. Thanks to the approved I-140 Raj obtains another extra three years on his H1B bringing it to 9 years. Raj has reached 7th year of a 9 years extension and Raj decides to move to company B. Raj presently believes that since he has two more years on his H1B, he…Read More Breaking News

H1B Cap Timeline – FY 2017

March 3 2016 - Now that the H1B cap for the fiscal year 2017 is opened, many are calling and want to know about the timeline of the processing of the H1B Cap cases filed in 2016 for the year 2017. This is our projected timeline on the previous random selection situation (H1B lottery). This is what we are expecting based on the March 2016 press release from the USCIS and based on previous years of H1B cap processing: April 8th 2016 - last day, H1B cap cases will be accepted by USCIS…Read More Breaking News

What happens at the Port of Entry (Airport) when entering on a non-immigrant visa.

Contrary to popular belief, a non-immigrant such as H1B visa, B1/B2 visa, F1 visa are no guarantees of entry in the United States. A visa stamp on the passport is just a document to board a plane and to come to the port of entry, where an immigration officer (Custom Border Patrol aka CBP officer) will make a determination whether they will let you inside or not. At the airport, the officer will look at your visa, ask you questions on the purpose of your entry, and take a fingerprint notice and "eye…Read More Breaking News

How to Fill the Form I-130 | Petition for Alien Relative

The form I-130 also know as the form for petition for an alien relative is one of the most common immigration form immigrants download and fill from the USCIS website. The reason is that this form has multi-functions including being used for spouses, for parents, for siblings and for children. Note that the form itself is not difficult to fill, however, the laws attached to the form I-130 alien petition is quite complex and requires analysis before being filed. We recommend you use this video with caution and should you need help, please…Read More Breaking News

Civics Test Answers Updated for N-400 Naturalization Test 2016

See the updates Are you preparing for the naturalization test? As you study for the U.S. history and government (civics) test, make sure that you know the most current answers to these questions.  Periodically, answers change to reflect the results of federal and state elections and appointments or to clarify content and ensure consistency in terminology. The revised answers to the questions below are effective immediately. Question Update 20. Who is one of your state’s U.S. senators now? The answer to this question may have changed after the 2015 elections.  Give the name…Read More Breaking News

Is USCIS abusing RFEs and NOIDs?

  • Posted on March 30, 2016
  • /Under H1B
  Recently we have noticed a surge in requests for evidence(RFE) and notice of intent to deny(NOID).  While the RFEs and NOIDs are normal tools adopted by the USCIS to look into cases which have insufficient information or for clarification, officers has the discretion to actually issue RFEs or NOIDs under 8 CFR 103.2(b)(8).  The rule also allows officers to issue denials without RFEs or NOIDs. However accordingly to a policy memorandum issued in June 3, 2013 (Requests for Evidence (Final)),"...an RFE is not to be issued when the evidence already submitted establishes…Read More Breaking News

Did you know that many F1 students get U visas?

Recently we have a surge of F1 visa students who are eligible to file for the U visas. Scenarios that we meet are usually someone who is at work (even unlawful work) or just visiting a store for example, are attacked at their place of work with a deadly weapon such as a gun or a knife. Although the students were not hurt physically, it mentally disturbed them and eventually they helped the law enforcement to arrest the perpetrators or in their investigation. Such cases are common because there are many cases of…Read More Breaking News

H1B Cap News – FY 2017 Cap

March 28 2016 - Announcement from the American Immigration Lawyers Association (AILA), regarding H1B Cap for the Fiscal Year 2017. As confirmed by the message of AILA below, USCIS will accept H1B Cap cases for the first 5 business days which in this case will be falling on April 7th 2016. Note that this does not mean that you wait the last day to send your applications. We recommend mailing your cases earlier but not before April 1, 2016. See notice from AILA below: "USCIS confirmed to AILA that standard procedures will apply…Read More Breaking News

U visa processing Times 2016

U Visa: Data Set: Form I-918 Application for U Nonimmigrant Status U visa is the visa that is offered for those who are victims of certain crimes. However, the U visa has one limitation which is the cap to 10,000 per year and many people who have filed in the past 2 years have been stuck on this track. When the U visa first started really being processed around 2007 and 2008, it was taking only few months for the Employment Authorization Documents to be issued.  Later it was taking one year, recently…Read More Breaking News

5 Tips how to answer an OPT/CPT RFE

  • Posted on March 25, 2016
  • /Under CPT
Recently we have handled many RFEs (Request for Evidence) cases on OPT (Optional Practical Training) , H1B and H4 EAD RFEs based on OPT or CPT (Curriculum Practical Training). The idea of those RFEs are to make sure that the students did not abuse OPTs or CPTs. The most common questions on those are based on the time of the candidates F1 student/OPT visas namely: Proving that the students have actually attended classes including proving their living within commuting distance of the schools; How much was being paid under OPT and CPT; Details…Read More Breaking News

Breaking News – K1 Visa Cases for Canadian nationals will only be processed in Montreal!

March 24 2015 - Today the State Department announced that all K1 visa for Canadian nationals will be processed only in Montreal. Other consulates will still process other kinds of visa except the K1 visas. We recommend our clients to take all the necessary documents and be ready in case they have to travel to Montreal, Canada to have their K1 visa interview. Below is part of the following "Starting April 1, 2016, the U.S. Consulate General in Vancouver will no longer process K-1 visas, also known as fiancé(e) visas. The U.S. Consulate…Read More Breaking News