State Department

USCIS announcement on November 2015 Visa Bulletin

October 12 2015 - Beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state onwww.uscis.gov/visabulletininfo that applicants may use the Dates for Filing Visa Applications chart. Unless otherwise stated on our website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications. We anticipate making this determination each month and posting the relevant chart on our website within…Read More Breaking News

November 2015 Visa bulletin is out and no great news that we were expecting!

October 9, 2015 -  The November 2015 Visa Bulletin is out and it seems the government was embolden to keep the dates of acceptance for India  to July 1 2009.  While we were hoping that the pressure will work, in this case unfortunately it failed. The fact that the TRO was denied, seems to have given the government a go to actually keep the "Bad Visa Bulletin".  Nonetheless, we keep our struggle to force the government to reduce the waiting time for India and other affected countries. Please continue signing our petition to…Read More Breaking News

District Court Denies TRO in October Visa Bulletin Suit

October 7, 2015 - On October 6, 2015,   the U.S. District Court for the Western District of Washington issued an order denying the plaintiffs' motion for a temporary restraining order (TRO) against the State Department in the class action lawsuit regarding the October 2015 Visa Bulletin. The court's order stated, "While the Court appreciates the confusion caused by the two Visa Bulletins published in September and the potentially wasted expenses Plaintiffs incurred as a result, because Plaintiffs fail to meet the critical elements for a temporary restraining order at this time, the Court…Read More Breaking News

Finally the OPT extension is going on rule-making process – Great News for F1 Students.

October 5 2015 - After a period of uncertainty and the lawsuit which actually "killed" the OPT extension, the government has finally followed the DC court in pushing the OPT extension.  As such the OPT extension went onto the OMB rule-making process. If it goes through,  the OPT extension will be going back on track. Yesterday, October 2, 2015, the USICE submitted the STEM OPT "proposed" rule to the OMB for its review and approval. This is the first step for the required rule-making procedures and steps. Once the OMB approves it, ICE will publish…Read More Breaking News

Two Democratic Representatives upset at the sudden Visa Bulletin (October 2015) changes!

October 1, 2015 - Today two democratic candidates registered their disagreement with the sudden Visa Bulletin changes.  In addition the lawsuit against the Department of State et al. continues adding a Temporary Restraining Order (TRO) to force the government to return back to the original visa bulletin. AILA and other organizations have also registered their disdain to this abrupt change.  Our law group is also committed in to pushing the government to actually change their position on this devastating position.  As such we encourage all of you to sign our petition online at…Read More Breaking News

Lawsuit on October 2015 Visa Bulletin

The October 2015 Visa Bulletin brings U.S. Citizenship and Immigration Services (“USCIS”) into the 21st century, and in line with the longstanding DOS practice, by adding a date on which applicants may submit adjustment of status applications (“adjustment applications”) that comes before the projected date on which final adjudicative action will occur. By adding this additional date for filing adjustment applications, DOS is better able to discharge its statutory duty of assessing visa demand and ensuring all of the visas Congress allots in a given fiscal year are used. In reasonable reliance on…Read More Breaking News

October 2015 Visa Bulletin Revised – Special Law Show

September 28 2015 - The Shah Peerally Law Show today special edition covers the "mess" of the October 2015 Visa Bulletin.  As you all know the visa bulletin dates for application of the adjustment of status and acceptance has been changed and many are now wondering what happens to them. If you are having immigration issues please call us at 510 7425887. Listen to the show and share with your friends.Read More Breaking News

Special Thanks to DHS for the Yemen TPS

September 3 2015 - Few months ago, we started a campaign  to support the cause for Yemen in regards to a Temporary Protected Status (TPS) in order to protect those Yemeni nationals who are in the United States. After numerous petitions, advocacy and campaigns, the Department of Homeland Security (DHS) has finally designated Yemen for TPS (Temporary Protected Status). Therefore granting our request. This means that the Yemeni nationals who are in the United States are now eligible for protection (TPS) and can file for work permit. The TPS starts as from September…Read More Breaking News

Decision Against Extension of F1 17 Months OPT – Wash. Alliance of Techn. Workers v DHS

Washington Alliance of Technology Workers v. U.S. Dept. of Homeland Security Plaintiff, Washington Alliance of Technology Workers (WATW), a collective-bargaining organization that represents science, technology, engineering, and mathematics (STEM), sued the Department of Homeland Security, challenging an interim final rule, promulgated by defendant DHS in April 2008, extending, for eligible STEM students, the duration of optional practical training (“OPT”), which allows nonimmigrant foreign nationals on an F-1 student visa to engage in employment during and after completing a course of study at a U.S. educational institution. At present, students may engage in OPT “after…Read More Breaking News

District Court of DC says STEM 17 months OPT extension is invalid

In the case of Wash. Alliance of Tech. Workers v. DHS, 8/12/15 - The DC District Court held that the 17 OPT extension was invalid because it was passed without notice or public comments. However due to the hardship on the technology sector, the court is granting DHS until February 12 2016 to place notice and public comments on the regulatory board. The F1 student visa program regularly provides one year of an OPT (EAD - work authorization document) to student graduating from a United States institution. For those who fall under STEM…Read More Breaking News

National Visa Center Wrongly sending Termination Notices to Applicants.

August 1, 2015 - Last week the National Visa Center (NVC) has wrongly been issuing termination notices to applicants stating that since they have not contacted the NVC for more than one year, the case is being terminated.  Such notices was sent in error because of a glitch which the State Department experienced in the past weeks. We advise our clients not to panic just because they receive such a letter and contact us right away at (510) 742 5887.Read More Breaking News

Some EB frequently asked questions answered

The employment based (EB) immigration is one of the most tricky areas of immigration law because it entails minor details and very complex immigration questions.  Many immigration practitioners often shy away from the EB issues because of experience and requirement for detailed analysis.  For example, Indian nationals will have specific questions about AC 21, Visa Bulletin, H1B, labor certification questions which other foreign nationals don't have.  Similarly, those who are born in the Philippines will have different specific questions to issues which a French citizen might not have.  As such many of the general…Read More Breaking News

August 2015 Visa Bulletin is Out: no progress for India EB2 or even EB3!

Finally the long awaited August 2015 visa bulletin is out and it seems there is no movement on either EB2 or EB3 for India, China and the rest of the dates stayed pretty much the same for other countries except the Philippines EB categories which were presently Unavailable has become EB3 June 1 2004 and EB2 is still current.  If the trend continues we might actually see some possible retrogression in the September 2015 Visa Bulletin for India and China. Employment- Based All Chargeability Areas Except Those Listed CHINA - mainland born INDIA…Read More Breaking News

August 2015 Visa Bulletin should be out soon. What can we expect?

Well it is the time for the August 2015 Visa Bulletin!!! The bulletin should be out soon and everybody from India having something at stake in the EB dates is anxious.  Many are predicting a move while others are worried about the retrogression.  We are hoping there will be a move for India to September 2009 at least, but we might be wrong.  In case we see a stagnant Visa Bulletin in August like the one in July 2015, be ready for a retrogression for the September 2015 bulletin. For all those waiting,…Read More Breaking News