September 2015 Visa Bulletin Predictions – Progression, Retrogression or Status Quo?

The Visa Bulletin 2016 is coming soon, based on the previous month for India, there is a chance of progression to September 2009 but also a slight chance of retrogression to 2006. Having said that, the way the system is behaving and with all the computer glitches that have affected the Department of State, there is a fear that the system will classify India as Unavailable.  At this point we are hoping for some progression especially for India. Stay tune on  around August 10th 2015 to get more information. Please continue signing our petition to reduce the EB2 time for India and China.

Update on Visa Consular Processing as per June 23, 2015

This has been updated on the DOS website as per June 23, 2015 Visa Systems Issues The Bureau of Consular Affairs reports that the database responsible for handling biometric clearances has been rebuilt and is being tested.  39 posts, representing more than two-thirds of our normal capacity, are now online and issuing visas. We are working to restore full biometric data processing. We issued more than 45,000 visas yesterday.  Beijing alone issued nearly 15,000 visas. Our team continues to work 24/7 to restore the systems to full functionality. We will continue to bring additional posts online until connectivity with all posts is restored. We deeply regret the inconvenience to travelers waiting for visas. We continue to post updates to our [...]

By |June 24th, 2015|Categories: Immigration, State Department|0 Comments

What can I do if my H1B case was rejected?

Ina 221g - Hasan Abdullah Now that the USCIS H1B 2016 selection is done, if you applied under the H1b Cap and did not get either  a receipt or your checks have not been cashed, you have to come to terms that your case did not make it through the H1B lottery.  This means that you need to find other options to remain or come to the United States.  We have tried to analyze some of these options. 1. If you are on H4 visa and your spouse has an approved form I-140 or on an AC 21 beyond six years extension, you can apply for an H4 work permit; 2. If you are a native of Canada [...]

By |June 13th, 2015|Categories: Employment, H1B visas, Immigration|Tags: , , |0 Comments

Final Rule for the DHS Electronic System for Travel Authorization (ESTA)

"This rule adopts as final, with one substantive change, interim amendments to DHS regulations published in the Federal Register on June 9, 2008 and August 9, 2010 regarding the Electronic System for Travel Authorization (ESTA). ESTA is the online system through which nonimmigrant aliens intending to enter the United States under the Visa Waiver Program (VWP) must obtain a travel authorization in advance of travel to the United States. The June 9, 2008 interim final rule established ESTA and set the requirements for use for travel through air and sea ports of entry. The August 9, 2010 interim final rule established the fee for ESTA. This document addresses comments received in response to both rules and some operational modifications affecting [...]

By |June 7th, 2015|Categories: Immigration, State Department|Tags: , |0 Comments

USCIS to Reopen H-2B Cap for the Second Half of Fiscal Year 2015

On June 5, 2015, USCIS will reopen the congressionally mandated fiscal year (FY) 2015 cap and will accept Form I-129, Petition for a Nonimmigrant Worker, requesting new H-2B workers with an employment start date between April 1 and September 30, 2015. Why USCIS is Reopening the 2nd half FY 2015 Cap for H-2B Petitions USCIS’s role in managing the H-2B cap involves ensuring that enough Form I-129 H-2B petitions with a sufficient number of beneficiaries have been approved to fully subscribe the H-2B cap each year. It can be difficult to estimate in advance how many beneficiaries of an H-2B petition approved by USCIS will actually seek H-2B status or eventually be issued an H-2B visa by the Department of [...]

By |June 7th, 2015|Categories: Employment, Immigration|Tags: |0 Comments

Getting out of Yemen!

Yemen is in distress and many countries are trying to evacuate all their citizens from there.  However, US citizens who have family members especially spouses who are stuck on immigrant visas or non immigrant visa are having a hard time to process their cases.  Indeed, the US consulate is no longer opened in Yemen and because of that many are actually facing huge difficulties regarding this situation. We are constantly receiving calls from Yemen for help, although in some cases we might be powerless, we might be able to find at least temporary solution for those stranded in Yemen.  We urge you to call us at our San Francisco Office at (415) 643 4342 or email Our San Francisco [...]

By |June 6th, 2015|Categories: Immigration|Tags: , , |0 Comments

UPDATE: USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

NOTE THAT PREMIUM IS STILL AVAILABLE FOR CERTAIN H1B PETITIONS. Please note: This is an update to the alert that we issued on Tuesday, May 19 with the same headline. That alert can be found in the USCIS Archive. Starting May 26, 2015, USCIS will temporarily suspend premium processing for all H-1B extension of stay petitions until July 27, 2015. During this time frame, 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, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B extension of stay petitions filed with Form I-907 premium requests prior to May 26, 2015. USCIS [...]

By |May 27th, 2015|Categories: Employment, Immigration|Tags: |0 Comments

Make sure you are using the right form I-907 for your case!

USCIS Will Accept Only the New Version of Form I-907 Beginning June 1 Beginning Monday, June 1, 2015 USCIS will accept only the new version (edition date: 01/29/2015) of Form I-907, Request for Premium Processing Service. The edition date is printed at the bottom of every page. We will reject previous editions of this form if you submit them on or after June 1. We issued the new version on May 1 and have continued to accept old versions during the transition period, which ends Sunday, May 31.  

By |May 27th, 2015|Categories: Employment, Immigration, News|Tags: |0 Comments

Lawsuit on Delay of EAD – work permit authorization.

The work permit or work authorization is offered to many categories such as L2 visa holders, pending adjustment of status, Asylees, and lately the H4 visa holders. However recently USCIS has actually delayed the issuance of the work authorization card for no definite reasons. Last week, a class action was started by three immigrants and two immigration service providers against U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) for unlawfully delaying the adjudication of their applications for employment authorization. According to INA, interim EADs or work permits need to be issued if USCIS fails to adjudicate cases by a 90 days period. However, the department has constantly refused to issue the interim work permits although [...]

By |May 27th, 2015|Categories: Employment, Immigration|Tags: , |0 Comments

Denial of Preliminary Injunction lawsuit filed Saved Jobs USA

"Save Jobs has an obvious interest in protecting its members from additional competition in an already crowded job market, particularly given the circumstances of their terminations from SCE.  However, DHS has a strong interest in moving ahead with a program years in the making, and the court is cognizant of the difficulties DHS would face if the program were delayed at this late date.  Lastly, the public interest factor does not favor either party.  Whether American workers and the U.S. economy are better served with more or fewer foreign workers is a policy question the court need not answer. In sum, not only has Save Jobs not shown irreparable harm, but none of the remaining factors swing particularly in its [...]

By |May 25th, 2015|Categories: H4 EAD, Immigration|Tags: |0 Comments

No need a FOIA to get your five years of arrivals

Customs and Border Protection launched a new webpage on May 1 that offers nonimmigrant U.S. visitors access to their I-94 arrival/departure record and their arrival/departure history. The new CBP webpage allows nonimmigrant travelers to access arrival/departure records going back five years from the request date. This electronic travel-history function means that travelers may no longer need to file Freedom of Information Act requests to receive their arrival/departure history, greatly speeding their process. Travelers will have electronic access to the date and port of entry of their arrivals and departures. When travelers visit the I-94 webpage they can retrieve their I-94 arrival/departure record number and five-year travel history by entering the required name, date of birth, and passport information. Clicking on [...]

By |May 24th, 2015|Categories: Immigration|Tags: |0 Comments

DHS Proposing to extend EAD to EB approved I-140 beneficiaries.

DHS/USCIS RIN: 1615-AC05 Publication ID: Spring 2015 Title: ●Employment-Based Immigration Modernization Abstract:The Department of Homeland Security (DHS) is proposing to modernize the immigrant visa system by amending its regulations governing the adjustment of status process and employment-based immigration. Through this rule, DHS proposes to allow certain approved Immigrant Petition for Alien Worker (Form I-140) beneficiaries to obtain work authorization, clarify the meaning of portable work authorization, and remove unnecessary restrictions on the ability to change jobs or progress in careers, as well as provide relief to workers facing lengthy adjustment delays. Agency: Department of Homeland Security(DHS) Priority: Other Significant RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage Major: Undetermined Unfunded Mandates: No [...]

By |May 23rd, 2015|Categories: Immigration, News|Tags: |1 Comment

New H1B Amendment Requirement Rule

H1b Amendment under the new rule of Simeio Solutions Decision from Shah Peerally, Attorney at Law

By |May 22nd, 2015|Categories: Employment, H1B visas, Immigration|0 Comments

Rumors on I-140 EAD and the “Secret Memo”.

In November 2014, President Obama from the White House  mentioned H4 EADs and I-140 EAD. While we have seen something on the H4 EAD, many were also expecting that there will also be an approved I-140 Form EAD (work authorization) for those who are endlessly waiting. As much as we were happy to have heard this news, its seems that this part of the rule - the I-140 EAD never came through. Moreover, the memo depicting the approach of the I-140 EAD is known to be only a 'secret memo' with no follow up. According so some anonymous sources, the memo was actually name "Authority to Modify Certain Procedures Related to Petitions for Employment-Based Immigrant Visa Petitions" but nobody really [...]

By |May 16th, 2015|Categories: Immigration, News|Tags: , |0 Comments

Visa Bulletin June 2015 is out and retrogression on DV lottery

This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by May 11th.  If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  [...]

By |May 12th, 2015|Categories: Immigration, State Department|Tags: |0 Comments

Beware of DV Lottery Scammers

The US Department of State has an annual lottery for citizens of those countries who have low rates of immigration to the United States. The lottery grants around 50,000 Green Cards to people from these countries. Anyone who is eligible to apply and seeks a Green card can apply for this. You can apply only once, though husbands and wives can apply individually. The Lottery is open for about a month check the website for more details of timings. You can enter the Diversity Visa Lottery through this website, Anyone who claims anything else is making false claims. Once you enter the website, you are asked to fill a form where you have to provide information regarding yourself, your [...]

By |May 11th, 2015|Categories: Immigration|Tags: |0 Comments

Draft of New I-765 instructions to give H4 work permit

This is a draft (not an actual instruction) of the instructions for the application of the work authorization on H4. As you can see the words are being included are just a draft and it has not been finalized. However we can assume that this is going to be the same instructions to file. The language below has been added. For your convenience, you may file Form I-765 with Form I-539, Application to Extend/Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated your Form I-539. You may also file Form I-765 at the same time as Form I-539 and Form I-129, Petition for a Nonimmigrant Worker. The 90-day period for adjudicating [...]

By |May 10th, 2015|Categories: H4 EAD, Immigration|Tags: |0 Comments

Dealing with an Interview at USCIS

USCIS oftens call applicants for an interview. Such interviews are usually related to adjustment of status cases such as marriage petitions, parents petitions, and sometimes adjustment based on employment. The interview is usually similar in nature except under fraud marriage interviews. Please check this video of attorney Shah Peerally explaining the process of adjustment of status interview.

By |May 8th, 2015|Categories: Family Petition, Immigration|Tags: , |0 Comments

Hilary Clinton says she supports the path to citizenship for illegal immigrants.

“We can’t wait any longer for a path to full and equal citizenship,” Clinton said at Rancho High School, where 70% of the student body is Hispanic. See here Senator Hilary Clinton, candidate for US Presidential elections 2016, mentions today that she supports a pathway to citizenship for the so many "Dreamers" and undocumented people living inside the United States. The question is how much of this is possible. President Obama has constantly said the same thing, yet after many years in office, every time Obama tried to help, there is someone or something who stands against him. The question is if Congress stays a stronghold of conservatives, how is this going to be possible? Many are hoping there will [...]

By |May 7th, 2015|Categories: Deportation, Immigration, News|0 Comments

How do I “Fix” My Papers?

We often hear from undocumented clients the question of how can you ‘fix my papers?’ Unfortunately we cannot literally ‘fix your papers,’ but we can actually help you understand the immigration issues surrounding your case and ultimately find a possible solution to either get you permanent residence or a non immigrant visa. Although there might be a lot of ways to assist in ‘fixing your papers’, in this article we will focus on four categories: Family Petitions (will help overstays) 245i Inadmissibility waivers (I-601, 212d3) U Visa Petitions Asylum Each of the petitions above might actually result in fixing your papers. However, you need to meet the requirements. You can read more on each of the categories on the links [...]

By |May 6th, 2015|Categories: Immigration|Tags: , , , |1 Comment

Can Yemen Nationals file for an Asylum?

With the unfortunate situation in Yemen, many Yemenis current present in the United States are wondering whether they have to go back or they can stay. Recently the USCIS has decided that they will allow extension for certain visas for Yemenis, however this is not a permanent solution.  As such we have tried to analyze the possibilities of an Asylum/Refugee status for Yemen Nationals. This slide is provide for informational purposes only. If you need to assess your case, please call us at 510 742 5887. Yemen Asylum Application from Shah Peerally, Attorney at Law

By |May 4th, 2015|Categories: Immigration|0 Comments

INA 221(g) Administrative Processing still Scaring H1B Holders

This is a hypothetical situation, however many will identify themselves in this. Imagine the following situation. You’re a student working on OPT whose status is about to expire. Logically, you ask your company to sponsor you for H-1B. Your company happily obliges. After a longer than normal processing time and after responding to a 20 page Request for Evidence from USCIS your H-1B is finally approved. The news is exhilarating as H-1B is often the first step towards an employment based Green Card for many highly educated immigrants in the United States. Now that you’ve accrued some vacation time, you decide it’s a good time to visit your friends and family back home. You inform your manager that you’ll be [...]

By |May 4th, 2015|Categories: Immigration|Tags: , |0 Comments

Filing an Asylum for Yemen Nationals

With the turmoil in Yemen, many Yemen who are presently in the United States, find themselves unable to return to their home country. In fact, many lives will even be in danger should they return. We have prepared this slide to guide and remind Yemen Nationals who are presently inside the United States or entering the United States, that they might have an option to stay. Unfortunately not everybody might qualify. However, for those who do, we recommend contact an experienced asylum lawyer to help. Hope this slide helps and please sign the petition to give Temporary Protected Status to Yemen Nationals. Yemen Asylum Application from Shah Peerally, Attorney at Law

By |May 3rd, 2015|Categories: Asylum, Immigration|Tags: , |0 Comments

When the fear of deportation feels like the fear of torture

Lately, the news has been filled with immigration matters especially since president Obama has set out his famous “Executive Orders” allowing millions of immigrants to get a work permit and stay in the United States on a deferred action program. While the U.S. Congress is debating on the legality of such actions and some judges are deciding on the program, millions out there are still living in fear of deportation regardless of the new laws being passed. Having been an immigration lawyer for more than ten years, I have noted one thing in common with all immigrants:they all live in fear of deportation until a permanent solution is found for them. I believe that the minimum we can do as [...]

By |May 2nd, 2015|Categories: Deportation, Immigration|0 Comments

The Proxy Marriage in Immigration

Terms like ‘Global village’ and the likes are passé, with marriages on the internet with increasing marriages on video chat program Skype. This poses plenty of new angles for the immigrant population and many issues that are raised by the immigrant authorities in granting of visas and also in securing citizenship rights. The practice is of course relatively new and has immigration authorities in a fix since it seems it’s something that they did not realize was happening. The fact about Skype marriages is that often it takes place in countries where it might be legally registered, while the other party takes part in it through a video in the United States. The US recognizes such a marriage if it [...]

By |May 2nd, 2015|Categories: Family Petition, Immigration|Tags: , |0 Comments

Why should the H4 visa holder know about the U Visa

H4 and the U visa The H4 visa is for those, whose spouses have come to the US under the H1 visa. This is done so that the family members of those under the H1visa could accompany them to the US, while they were on work. It must be remembered that the principal applicant here is always the H1B visa holder. Only the immediate family members like the spouse and children under 21 yrs qualify the H4 visa. Both H1 and H4 visas can be simultaneously applied for. Though it allows the spouse to be with the H1B visa holder, the H4 visa comes with its own set of problems and has as a result been under constant scrutiny and [...]

By |May 2nd, 2015|Categories: H4 EAD, Immigration|0 Comments

H1B amended Petition required

USCIS requires an amendment of the H1B petition in case the employee is moving from one site to another. Matter of Simeio Solutions, LLC  actually reflects what we have been telling our clients for years now.  Whenever there is a material change especially one of change of site, not only an LCA has to be filed but also an amended H1B petition has to be filed. In fact, note 7 of the case, clearly states: This interpretation of the regulations clarifies, but does not depart from, the agency’s past policy pronouncements that “[t]he mere transfer of the beneficiary to another work site, in the same occupation, does not require the filing of an amended petition, provided the initial petitioner remains the alien’s employer [...]

By |May 1st, 2015|Categories: H1B visas, Immigration|Tags: , , |1 Comment

The goal of the new Shah Peerally law group san francisco branch is to assist the north bay immigrant communities.

The Shah Peerally Law Group (SPLG) San Francisco office is managed by law clerk and senior paralegal, formerly Board of Immigration Certified member, Samy Baaghil. For over 20 years, Samy has helped hundreds with their immigration and naturalization process. Samy was also an INS (presently USCIS) adjudicating officer for more than five years, and earned numerous recognitions based on his work for the minority communities. He fluently speaks several languages including Spanish, Italian, Arabic, Amharic, and Urdu. Samy has been awarded The Phillip Burton Immigration & Civil Rights Awards honoring those who help the deprived communities. SPLG INTERNATIONAL RECOGNITIONS. The Shah Peerally Law Group has globally been recognized as a law firm which combines business and family needs treating their [...]

By |April 30th, 2015|Categories: Immigration|0 Comments

The Shah Peerally Law Group PC

If you are looking for a one stop destination that can look into most of your Immigration problems and give you sound advice and updates, you should be headed to the Shah Peerally Law Group The Shah Peerally Law Group is a full-service immigration law firm headquartered in Newark, California (formerly in Fremont, California), in the heart of the San Francisco Bay Area. A leading firm, when it comes to raising awareness about immigration related problems or serving their clients in different areas of Immigration, in the area of immigration the Shah Peerally Law Group is led by American Immigration Lawyers Association (AILA) member attorney Shah Peerally, Esq. The Avvo national attorney rating service, rates the Shah Peerally Law Group [...]

By |April 30th, 2015|Categories: Immigration|0 Comments

USCIS Alerts Yemeni Nationals to Available Immigration Relief Measures

USCIS is closely monitoring conditions in Yemen. Due to the current unstable security situation, USCIS seeks to highlight several available immigration relief measures that may assist eligible Yemeni nationals. Immigration relief measures that may be available upon request include: Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired; Extension of certain grants of parole made by USCIS; Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; Expedited adjudication of employment authorization applications, where appropriate; and Consideration for waiver of fees associated with USCIS benefit applications, based on an inability to pay. [...]

By |April 29th, 2015|Categories: Immigration|0 Comments

SAVE JOBS USA filed a lawsuit against DHS H4 EAD rules – Breaking Bad News!

Save Jobs USA filed a lawsuit regarding H4 EAD rules against DHS. Please read lawsuit. Note this is only a declaratory judgment lawsuit, the lawsuit does not interrupt the process at this point but it might actually hinder the possibility of filing. As such until further notice, we need to assume that the May, 26, 2015 H4 EAD rules still stand. SJUSA complaint ALERT: Until further notice from the court, we should not assume that the law is not going forward. We are sure the government and many organizations are going to fight this lawsuit. We need all your attention, to make sure that we have all the good people on our side. Our law firm also does not agree [...]

By |April 28th, 2015|Categories: Immigration|1 Comment

How will ICE deal with Herguan University in case of a close down?

On April 10, 2015, "The former chief executive of Herguan University has pleaded guilty to visa fraud — and while the school remains open, it could soon lose its ability to recruit foreign students with the promise of student visas." (Santa Cruz Sentinel) We all remember the effect of Tri Valley University (TVU) and the aftermath on the F1 visa students. For years, our law firm has advocated for the rights of students and we believe that schools which abuse foreign students by over promising should not actually be allowed to operate.  We actually are grateful to the Department of Homeland Security that unlike TVU situation, the government did not go after the students and then dealt with the school. [...]

By |April 21st, 2015|Categories: Immigration|0 Comments

May 2015 shows some progress for EB2 India but not so great!

The 2015 Visa Bulletin was released and we saw a little leap on India EB2, the eb3 has not moved much. Both are still are heavy burden of wait on the applicants. We invite all of you to start a full blown campaign with the Obama administration to change this unfair situation. Please share this petition to all. Employment- Based All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES 1st C C C C C 2nd C 01JUN12 15APR08 C C 3rd 01JAN15 01MAY11 15JAN04 01JAN15 01JUL07 Other Workers 01JAN15 15NOV05 15JAN04 01JAN15 01JUL07 4th C C C C C Certain Religious Workers C C C C C 5th Targeted Employment Areas/ Regional Centers and [...]

By |April 21st, 2015|Categories: Immigration|0 Comments

Petition to Reduce Green Card Waiting Time for Indian Nationals

Click on the Image to Sign on Change.Org Thousands of people from India are awaiting for their permanent residence based on employment categories 2 (EB 2) and (EB3).  Unlike many other countries, India has the highest backlog in the entire waiting time. The reasons this time should be reduced are: 1.  Most employees waiting on their Green Cards are under Science, Technology, Engineering and Mathematics contributing  immensely to the economy; 2. It will prevent abuses on employees; 3. Will create more jobs because more entrepreneurs will be interested in investing in the United States; 4. It is unfair and against the United States principles of equality dictated by the US Constitution. We pray the State Department and the [...]

By |April 5th, 2015|Categories: Employment, Immigration|0 Comments

Will President Obama make the L1B easier?

For years, immigration practioners have been struggling with the famous L1B visa.  In fact, whenever someone mentions an L1B, we automatically think of an alternative to the L1B visa. The truth is that USCIS has made it very difficult especially for Indian companies to transfer their employees on L1B visas.  The truth is that this visa has been abused in the past and as such bona fide companies have also been punished with the 'denial policies'. We hope that this new announcement will actually mean a turn the way the L1B visa is considered by the USCIS.  The announcement below is from the White House: "With more than 2,600 people from more than 70 markets, and economic development organizations from [...]

By |March 24th, 2015|Categories: Immigration|Tags: , , |0 Comments

Another Audio Q & A’s on H4 and other immigration issues.

By |March 6th, 2015|Categories: H4 EAD, Immigration|0 Comments

Federal Judge in Texas stops DACA and DAPA

Here is a message from the USCIS Statement by Secretary Jeh C. Johnson Concerning the District Court’s Ruling Concerning DAPA and DACA I strongly disagree with Judge Hanen’s decision to temporarily enjoin implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The Department of Justice will appeal that temporary injunction; in the meantime, we recognize we must comply with it. Accordingly, the Department of Homeland Security will not begin accepting requests for the expansion of DACA tomorrow, February 18, as originally planned. Until further notice, we will also suspend the plan to accept requests for DAPA. The Department of Justice, legal scholars, immigration experts and even other courts [...]

By |February 17th, 2015|Categories: Immigration|Tags: |0 Comments

“Controlled Application Review and Resolution Program” CAARP

LawFuel Editors / March 13, 2014  By Shah Peerally, Immigration Attorney and Author.  After living in the US for 25 years as a permanent resident citizen (having a green card), Egyptian native Tarek Hamdi, decides to apply for citizenship. However the United States Citizenship and Immigration Services (USCIS) postpone it due to the “Controlled Application Review and Resolution Program”  CAARP[1]. - See more at:

By |March 13th, 2014|Categories: Immigration|0 Comments

USCIS memo leaked might show Obama using executive powers to change H4 to EAD

In a memo leaked and published by ABC news, it seems that the Obama administration frustrated with the non passing of the comprehensive immigration reform might use its executive powers to change the laws including the H4 laws. Note that the memo in no way is law yet. But this is exactly what we have been hoping and expecting. We now need to push the President to continue the move to a change. Call and email the White House and tell them to tell them we want a change. The Obama administration will allow some relatives of U.S. service members living in the country illegally to stay, according to a policy directive issued Friday. ABC News The nine-page memorandum is [...]

By |November 16th, 2013|Categories: Immigration|0 Comments

The Dream of the H4 Work Permit (EAD) might finally come true!

India Express Article This is an amazing turn of events. Something that many of us have been fighting for - H4 EAD.  Those who have their permanent residence process started that is under the Form I-140 or the labor certification started and completed the six years and request an H1B extension, will be able to seek employment authorization for their H4 dependents.  The law falls a little short of giving all the H4 visas a work permit (EAD) but will allow some of  those  who have a "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), to obtain an EAD. This [...]

By |December 11th, 2012|Categories: Immigration|0 Comments

Essay #3: Immigration Reforms

By AMBIKA HANCHATE (INDIA) Today   there  is a  broad – based  consensus  that  the  U.S immigration  system  is  broken.  This  consensus  erodes,  however,  as  soon as  the  options  to  reform  the U.S  immigration  system  are  debated.  Substantial  efforts  to  comprehensively  reform  immigration  law  failed  in  the  109th  and  110th  congress.  Whether  and  how  the  112th  congress  will  address  immigration  reform  in  the  midst  of  historically  high  levels  of  unemployment   and  budgetary  constrictions  is  difficult  to  project.  Because U.S has suffered immigration issues like:- Illegal immigration: - how many, costs, crime, public health, social security, employment.etc… Legal  immigration ;- how many, legislative  options,  naturalization,  chain immigration,  dual  nationality,  public  charge  exclusion, entry  paths (family, employer,  residents,  refugee, lottery  family  sponsored immigrants [...]

By |October 19th, 2012|Categories: Immigration|0 Comments

Amazing breaking news case on Child Status Protection Act – De Osorio v. MAYORKAS Court of Appeals, 9th Circuit, 2011

This is a great victory where the 9th Circuit Court of Appeals decided that the Child Status Protection Act (CSPA) should be applied with plain language: Before this decision, once the child aged out, it was hard for them to immigrate with their parents. Now with this new decision, they might be able to get their greencard with their parents. This is a really great news for thousands of people. Let us hope there is no Appeal to the U.S Supreme Court or any changes. Below is the case in full as from the 9th Circuit of Appeals.   ROSALINA CUELLAR DE OSORIO; ELIZABETH MAGPANTAY; EVELYN Y. SANTOS; MARIA ELOISA LIWAG; NORMA UY; RUTH UY, Plaintiffs-Appellants, v. ALEJANDRO MAYORKAS, Director, [...]

By |September 27th, 2012|Categories: Immigration|0 Comments

Breaking News: The Fairness for High-Skilled Immigrants Act, H.R. 3012 might soon become law!

The Fairness for High-Skilled Immigrants Act, H.R. 3012 M E M O R A N D U M TO:    Reporters and Editors RE:    the Fairness for High-Skilled Immigrants Act, H.R. 3012 DA:    Wednesday, July 11, 2012 Senator Chuck Grassley today put the following statement in The Congressional Record regarding lifting his hold on H.R. 3012, the Fairness for High-Skilled Immigrants Act. Mr. President, Today, I lift my hold on H.R. 3012, the Fairness for High-Skilled Immigrants Act.  This bill would eliminate the per-country numerical limitations for employment–based immigrants and change the per-country numerical limitations for family-based immigrants.  When I placed a hold on the bill, I was concerned that the bill did nothing to better protect Americans at home who [...]

By |July 11th, 2012|Categories: Immigration|Tags: |0 Comments

DOS Cable on B1 visa in lieu of H visas

21 JUNE 2012 FM SECSTATE WASHDC TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE UNCLASSIFIED STATE 063795 E.O. 13526: N/A TAGS: CVIS SUBJECT: B‐1 IN LIEU OF H 1.  Summary:  The guidance for issuing B‐1 visas in lieu of H‐1B and H‐3 visas in 9 FAM 41.31 N11 is under review in an interagency process, but is still in effect until further notice.  Consular officers should not hesitate to apply this guidance in appropriate cases.  This cable reviews the existing B in lieu of H‐1B and H‐3 guidance and related requirements set out in the FAM. 2.  9 FAM 41.31 N11 states, in part:  "There are cases in which aliens who qualify for H‐1 or H‐3 visas may more appropriately be classified as B‐1 visa applicants in certain circumstances; e.g., a [...]

By |June 25th, 2012|Categories: Immigration|0 Comments

Tips when filing the DS 160 form regarding Misrepresentation finding (the Electronic System for Travel Authorization (ESTA) form)

You should  pick the choice "Yes" on visa application if you were subject to INA 221g The Department of States treats the suspension for administrative processing (INA 221g) as a refusal, United States Customs and Border Protection (CBP) requires that such refusals be reported on the ESTA application.  The Custom Border Patrol (CBP), will request that you pick "Yes" on the question whether a visa has been refused. Therefore, when filing the ESTA form, you should report visa “refusals” as “denials” when refusals are for § 221(g) administrative processing or for selecting the incorrect visa category on Form DS-160. Failure to pick a "Yes" can make the applicant inadmissible under INA § 212(a)(6)(C)(i) - misrepresentation finding. Responding to Question F: “Have [...]

By |June 4th, 2012|Categories: Immigration|0 Comments

Bad News: It is official – Visa Bulletin May 2012 India and China EB2 retrogressed to August 15, 2007

Visa Bulletin For May 2012 "RETROGRESSION OF THE CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE Due to the rapid forward movement of the cut-off date, demand for China and India Employment Second preference numbers has increased dramatically during recent months, and at a much faster rate than had been expected.  Therefore, it has been necessary to retrogress that cut-off date to August 15, 2007 in an attempt to hold number use within the annual limit while maintaining availability for those countries that have not yet reached their per-country limit.  Notices were included in the November, January, and February Visa Bulletins alerting readers to the possibility of such a retrogression.  While corrective action has become necessary earlier than was anticipated [...]

By |April 7th, 2012|Categories: Immigration|0 Comments

Latest news on filing of the form I-751 removal of conditional residence – seems the process is getting more and more complicated!

For those who have a conditional permanent residence card based on a marriage, there is a requirement to remove this condition either jointly or if no longer married with a waiver  to remove the condition (Form I-751).  This process was fairly simple but lately our law firm has noticed more and more  complications in this area. Recently, the USCIS  California Service center  has made some very important clarifications to AILA which are worth noting: CSC advised that all late-filed Form I-751 petitions should initially include a written statement from the petitioner explaining the cause of delay. CSC advised that, for all I-751 petitions, evidence of the bona fide marital relationship should be submitted documenting the entire two-year conditional period, and [...]

By |April 3rd, 2012|Categories: Immigration|0 Comments

10 Tips “how to reply” to a RFE – Request for Evidence.

Shah Peerally, Esq. 10 Points to remember when answering an RFE (Request for Evidence) from USCIS (Immigration Services) By  Shah Peerally, Esq – Managing attorney of Shah Peerally Law Group PC A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case. RFEs are often in point form requesting factual information from either the beneficiary or petitioner. While many RFEs are simple, lately many RFE’s have become more complicated and tend to require legal assessment before they can be answered. Our law firm, having filed more than 1000 immigration cases, is quite familiar with responding to RFEs. Based on our [...]

By |March 28th, 2012|Categories: Immigration|0 Comments

Great News! Motion to terminate granted – case goes back to the USCIS for adjudication on a difficult adjustment of status (Form I-485) situation!

Last year a Client came to see us after her adjustment of status for the spouse of a US citizen was denied because immigration did not believe it was a bona fide marriage.  We file a new adjustment of status in the case and went for an extensive fraud interview, meanwhile the client was placed in removal proceeding (deportation).  Although the form I-130, petition for immediate relative was approved, USCIS refused to adjudicate the form I-485 (adjustment of status) for lack of jurisdiction  because the client was not an arriving alien.  At the hearing, Shah Peerally told the judge, who was by the way not very sympathetic, that he wanted the case to be terminated.  The judge did not really [...]

Possible Nightmare at the US consulate – The infamous INA 221(g)!

By Ali Zaidi, Legal Assistant Shah Peerally Law Group PC Imagine the following situation. You’re a student working on OPT whose status is about to expire. Logically, you ask your company to sponsor you for H-1B. Your company happily obliges. After a longer than normal processing time and after responding to a 20 page Request for Evidence from USCIS your H-1B is finally approved.  The news is exhilarating as H-1B is often the first step towards an employment based Green Card for many highly educated immigrants in the United States. Now that you’ve accrued some vacation time, you decide it’s a good time to visit your friends and family back home. You inform your manager that you’ll be taking two [...]

By |July 6th, 2011|Categories: Immigration|Tags: , |0 Comments