State Department

USCIS to Publish Revised Form I-539 and New Form I-539A

Changes to form I539. This is an announcement from the USCIS: We have revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on our website on March 11, 2019. Starting on March 11, 2019, we will only accept the revised Form I-539 with an edition date of 02/04/19. We will reject any Form I-539 with an edition date of 12/23/16 or earlier. We will also be publishing a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, on the Form I-539 webpage on March 11. Form…Read More Breaking News

October 2018 Visa Bulletin sees a jump on EB1, EB2 and EB3 for India

Finally the October 2018 Visa Bulletin is out and we are seeing a good leap on EB1, EB2 and EB3 for India. Indian nationals with EB1 moving to June 2016, EB2 to March 2009 and EB3 surprisingly to January 2009. This move is welcomed although not enough. But for those who are qualified under each of those categories, who would be eligible to file for adjustment of status, please do so. Feel free to call 510 7425887.   A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES On the chart below, the listing of a date…Read More Breaking News

USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

Guidance Updated After Public Comment Period WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum (PDF, 129 KB) related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective Aug. 9, 2018, F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending. On May 10, 2018, USCIS posted a policy memorandum changing the way…Read More Breaking News

Visa Bulletin September 2018 – India EB2 retrogresses to Jan 1 2007 and EB3 Jan 1 2003

Following another bad news for Visa Bulletin September 2018 for India retrogressing to Jan 1 2007 EB2 and EB Jan 1 2003. This means we are now 11 years behind for EB2 India and 15 years behind on EB3. The waiting time seems to be endless. But remember the dates might come back to a reasonable date anytime soon. A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized…Read More Breaking News

Federal Register Changed not to allow third party placement of OPT student!

Following an abrupt change of the Federal Register, it seems that the USCIS has decided that third party placement of OPT students are not acceptable. The amendment states: [T]he training experience must take place on-site at the employer’s place of business or worksite(s) to which U.S. Immigration and Customs Enforcement (ICE) has authority to conduct employer site visits to ensure that the employer is meeting program requirements. This means that ICE must always have access to a student’s worksite; if the student is sent to different worksite locations as part of the training…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

Immigrants’ Know Your Rights Law Show

December 2 2016 - Many have been asking what might happen to immigration once Donald Trump takes power. There were a lot of proposed immigration changes which have not been formalized. However, based on certain groups analysis and the Trump's chosen Cabinet, we can come to our own conclusions. Note at this point we can only guess what might happen until we see some actual new regulations or immigration laws passed. This law show covers not only the issues but also what immigrants should do to prepare for eventual changes in immigration law.…Read More Breaking News

Class Action Filed by UNNJ students

After a long fight for UNNJ student, a class action was finally filed. According to AILA: A group of students filed a class action lawsuit in the U.S. District for the Eastern District of New York challenging the government's determination that they committed visa fraud by enrolling at the University of Northern New Jersey (UNNJ). The plaintiffs are seeking declaratory and injunctive relief to require the government to provide the students with individualized proceedings in which they can challenge the government's fraud determination, prevent the government from using their enrollment at UNNJ to…Read More Breaking News

Herguan University SEVP is being terminated

Based on federal regulation, Student and Exchange Visitor Program (SEVP)-certified schools are subject to a review of their certification at any time. On Oct. 6, 2016, SEVP informed officials at Herguan University that the school’s Student and Exchange Visitor Information System (SEVIS) access will terminate as of Jan. 11, 2017. As of Oct. 6, Herguan University will no longer be able to issue any new Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” but will retain SEVIS access until the aforementioned date to manage any current student records. Herguan University nonimmigrant students…Read More Breaking News

State Department Guidance Directive on Prudential NIV Visa Revocations (Sept. 2, 2016)

The Department would like to bring to your attention a policy implemented on  November 5, 2015, which requires consular officers to prudentially revoke (i.e., without  making a determination that the individual is inadmissible) nonimmigrant visas of individuals arrested for, or convicted of, driving under the influence or driving while intoxicated, or similar arrests/convictions, that occurred within the previous five years, as detailed in 9 FAM 403.11-3(A). This requirement does not apply when the arrest/conviction occurred prior to the date of the visa application and has already been assessed within the context of a…Read More Breaking News