Thursday, December 31, 2015

I-140 EAD might actually come to a reality although no official announcement on the rule

Recently a "Draft Not Production 11/24/2015" has been circulating on the new form I-765 hinting in red the I-140 EAD possibility.  While no rule on the matter has actually been published, such a hint gives good hope for those who have been waiting for such a rule to happen.  We cannot really confirm for sure whether the I-140 work permit rule has been approved, however, the same situation happened for H4 EAD although the law was first announced before the "Draft Not For Production" came out.

At this point we can only hope that this will be a New Year gift to those who are suffering on an endless wait on the EB categories especially for India and China.

We wish all of you Happy New Year!


Wednesday, December 16, 2015

STEM OPT Extension Validity after February 2016

As you all know the "old" STEM OPT extension has been invalidated by a court. While there is new STEM OPT 24 months under OMB regulations review, there is a lot of uncertainty about what happens to those who have an already approved STEM OPT after February 2016.  It seems from sources that at least one service center has mentioned that the STEM OPT already obtained prior to February 2016 which goes beyond such a date will still be valid.  However, there is no clear clarification on this because everybody was hoping that by this time the new OPT extension would be validated. Unfortunately with the present political climate, it seems that everything has been put on 'hold'.

We are advising our clients to take this news with a 'grain of salt' because the invalidated of the old STEM OPT was done by a court and the court did not mention anything about continuing on already approved STEM OPTs. However from AILA (American Immigration Lawyers Association), the Nebraska Service Center seems to confirm that they will allow those who already have an approved OPT (STEM) to continue using it after February 2016.

We sincerely hope that things are going to move forward in this area and the new OPT 24 months extension will come by before February 2016 to clear the confusion. If you need help with your OPT, H4 EAD or any immigration issues, please call us at (510) 742 5887.



Thursday, December 3, 2015

H4 EAD in force - do not be discouraged to file your H4 EAD!

The H4 EAD program has actually "rocked" the business community giving opportunities to both individuals and companies to hire highly talented employees which otherwise would not have been possible.  Indeed the H4 work permit has allowed many to seek employment in companies which are reluctant to file for H1B or employing OPT students.  Others have simply started businesses which are in fact employing many others.  We hope to see some great startups coming from the H4 visa holders soon.

However, while the H4 EAD is very popular amongst H4 and H1 candidates, it is not so popular among many companies which 'prefer' H1B holders rather than an H4 EAD holder. As such some companies are discouraging candidates to move on H4 EAD based on myths. Recently we have received a call from an H1B holder who was eligible to move to H4 and also an EAD, where the employer said:

"1. The company cannot hire you under H4 EAD;
  2. The program (H4 EAD) will soon be discontinued and
  3. You will not be able to move back on H1B visa status."

Let us analyze the three arguments.  First it should be illegal for an employer to say they cannot hire on H4 EAD because the EAD is a work permit. Most states does not allow such discriminations. Second, so far the H4 EAD is strong and nobody has been able to discontinue the program. Of course, there is a possibility it might be revoked but so does other executive programs. Third, once someone is cap exempt and continue to qualify as cap exempt, that person can always move back on the H1B.

Based on the above, we recommend that if you have a chance to move to an H4 EAD, do not be discouraged just because the employer is discouraging you.  We recommend you speak to an experience H4 and H4 EAD attorney before you make a move. Feel free to contact us at 510 742 5887 for any questions.

Sunday, November 29, 2015

Can an employer Revoke an approved form I-140 after 180 days?

We often get the question whether an employer can revoke an approved I-140 once 180 days has passed.  The short answer is yes unless there was an I-485 adjustment of status filed attached to it. Nonetheless many have confused this rule and understand that after 180 days an employer cannot revoke the I-140 petition.

The rule of "irrevocable I-140" is attached to AC 21 rules where the employer loses the ability to revoke the approved I-140 or approval I-140 once the adjustment of status (AOS) aka I-485 form is filed. However, the USCIS reserves the right to still revoke the I-140 approved petition based on "fraud and misrepresentation".

Therefore, make sure that in case you need an I-140 to file for extension or transfer beyond six years, your employer has not 'secretly' revoked such a petition.

We recommend people before they make a move to actually consult with an attorney experienced in I-140 and H1B issues. Our law firms has handled hundreds of those, please call us at (510) 742 5887.


Thursday, November 26, 2015

Happy Thanksgiving

Remember that thanksgiving is not only about eating food or spending time with the family. It is also about sharing. For those who are immigrants or intending immigrants, life is sometimes difficult so we call on those who are settled to be there for the immigrant community and for one another.
Happy Thanksgiving!

Wednesday, November 18, 2015

OPT Stem extension might not happen because of too many negative comments!

Unlike the H4 EAD, the OPT 24 months extension proposed rule has been receiving an awfully number of negative comments which lead us think that the rule might not go through. Having said that it is not the number of negative comments as much as negative comments which makes sense. The Obama administration has already prepared to keep the STEM extension with added restrictions. However, if the public is overwhelmingly against it, we might not see them continue on the rule. We recommend that more and more people who care about the OPT extension to continue commenting positively on the registrar and explain exactly how America is negatively affected by a reduction of foreign student in this country.

Note that the foreign student industry is a billion dollar industry which actually helps Universities to thrive in the United States.  In fact, many of the foreign students help the economy according to the Institute of International Education:

"In 2015, the continued growth in international students coming to the U.S. for higher education had a significant positive economic impact on the United States. International students contributed more than $30.5 billion to the U.S. economy, according to the U.S. Department of Commerce."

By decreasing the opportunities on the STEM OPT, many of the foreign students will not willing to the United States and will prefer to choose another destination. This will turn affect US schools and the US economy.

We encourage all of you to go on the OPT 24 months extension proposed rule and comment how this law will not only be helpful to the students but also to the US economy.


Immigration Guide by the Shah Peerally Law Group

Monday, November 16, 2015

IT consulting companies make sure you are not underpaying your employees!

The H1B visa has one main requirement is that you place the employee accordingly. Many times the position which an employee is being placed determines the salary of that employee. Before filing an H1B visa, transferring an H1B visa holder or even amending an H1B visa, you need to make sure that a Labor Condition Application (LCA) is approved by the Department of Labor (DOL). As such putting entry level positions on non-entry level to circumvent the prevailing wage, can have dire consequences. See article Indian-American owned companies fined for misuse of H-1B visa

Many times it is tempting for employers to pick an entry level rather than an adequate level for your employee and ultimately the employer might be fined or even have their ability to file H1B visas be stripped.

We recommend an employer make sure he or she is complying with all the rules of the H1B visas and the H4 visas when placing their employees or hiring their employees.

The DOL has recently been very severe regarding such issues. We recommend both employers and employees to make sure that the requirements are met.

If you are an H1B employer or an H1B employee, and you are having issues, please call us at 510 742 5887.




Saturday, November 14, 2015

Be careful if you are using CPT!

During the time when H4 did not have an EAD, one of the options of those who wanted to get an education and work was to use a student visa and ultimately get an OPT (Optional Practical Training). During the school courses, one option which has been common is the use the CPT (Curriculum Practical Training) to get experience through work while completing a degree. This option is quite useful in many fields where practical training are part and parcel of the industry.

Adapting to this situation, many schools have successfully converted their curriculum to accommodate such needs and ultimately become CPT day-1 issuers. Many F1 students have opted for this option. Eventually some of the students who are eligible for a CPT who are now not willing to continue their studies on F1 and who are eligible for the H4 visa EAD, have decided to change status to H4 and an EAD. During the process, many cases are being hit with requests for evidence (RFEs) requesting the applicants to explain the eligibility for CPT.  USCIS is also requesting some to explain how the CPT employment was obtained and the school to explain why a CPT was required in the curriculum.

While the schools have so far done a good job in explaining the CPT requirements for the courses, it is still incumbent on the applicant to answer the RFE in order to allow a change of status.  Failure to promptly or appropriately answer will result in a denial.  As such we recommend having an experienced attorney help in the case.  So far we have answered many of such cases successfully and we are proud to be able to help. Feel free to call us at 510 742 5887 for any information.




Thursday, November 12, 2015

Liquidated Damages v/s punitive damages on H1B contracts - Employers and...

Now that many are moving on H4 and using their H4 EAD, many employers especially consulting companies are not very happy about the event. As such many of them are acting in an oppressive fashion when being told about the H4 EAD. This video tell you about some of your rights if you were on H1B, changing employment or moving to H4 EAD. Please share.

Wednesday, November 11, 2015

Can I go back to my H1B visa after I move to H4 visa status and work H4 EAD?

Many of those who are having issues or for flexibility reasons, have opted to move from H1B to H4 EAD. Note that the status is still H4 and the EAD is just a benefit for those who qualify.  The frequently asked question, is whether when one has moved from the H1B to H4 and the EAD, can he is or she move back to H1B visa?  The simple answer is yes provided:

1. There is time left on the H1B either before six years or if there is potential H1B extension beyond based on AC 21 104(c) or an approved I-140 petition.
2. There is a good offer which complies with the specialty occupation of the H1B visa.

However, the person can only start using the H1B visa once it is approved not when the extension or transfer is applied.

We recommend that before changing your status from H1B to H4 or vice versa, you speak to a good lawyer who can analyze your case accordingly. You can call us at 510 742 5887 if you need a consultation.


Tuesday, November 10, 2015

Possible predictions on the Visa Bulletin for the next few months.

Few days ago the December 2015 Visa Bulletin came out and many are again disappointed because not only the acceptance time for EB2 India has not moved from the July 1 2009, the card issuing time has actually not moved a lot.  As such those who were waiting to obtain their permanent residence above May 2007 will not be able to get anything soon.

The question is what can we expect in the next few months. According to our estimates and note those are purely speculative, we believe that there might be no movement on the acceptance date from July 1 2009 until January 2016 and we believe that the processing GC (greencard) will move to 2008 probably in December 2015 for the January 2016 Visa Bulletin and peak to the the same date of July 2009 by January 2016 for February 2016 Visa Bulletin when actually we will see a possible move forward on the acceptance date to probably January 2010.

Having said that, there is also a possibility of retrogression or status quo until the next fiscal year calculation. Noting that 2016 is an election year, we should be ready to expect the unexpected.  Until then we wish all you the best and hope that hopefully we will be able to get some positive results. Please keep signing our petitions to reduce the EB2 and EB3 time for India.

If you need help on any of your immigration case, please call us at 510 742 5887.

Sunday, November 8, 2015

H4 EAD - to work or not to work!

Unlike the H1B or the OPT EAD, the person who has actually obtained an H4 EAD (work permit) is not required to work if they do not want to do so.  Many are worried that because they are not using their EADs, the work authorization card is invalidated after some time just like the OPT EAD. Nothing is further from the truth. A person who has has an H4 EAD can elect to work or not to work, and the person can work full time or part time.  The H4 EAD holders can work work multiple places and does not have to report to the USCIS where they work. However, the H4 visa holders have to still inform the USCIS in case they are changing their addresses.

If you need assistance in applying or deciding on your H4 EAD, please feel free to call us at 510 742 5887.


Tuesday, November 3, 2015

DHS urgent DC Court to grant summary judgment on the SAVE Jobs USA Case

According to Law360.com-- The U.S. Department of Homeland Security has again pushed a D.C. federal court to rule in its favor and end a case over a new H-4 visa rule that permits some immigrant spouses to get work permits, saying computer workers fell far short of establishing standing to mount a challenge of the regulation.

In a pair of reply briefs filed Friday, the DHS asked the court for summary judgment in a case brought by Save Jobs USA alleging the H-4 visa rule transcends the agency’s power...

>> Read More On Law 360

Wednesday, October 28, 2015

Opt extension 24 months STEM - New Proposed Rule

The new OPT proposed rule is under "OMB" comments. The battle is on and many are hoping that the new 24 months will be a blessing for them all. However, this possible good news come with a lot of good and bad. The good part is it is going to be 24 months. The bad part is that many employers will be reluctant to employ people on OPT with so many conditions namely the "Training" part where a special form is required. This means that it will overburden an employer to have to report to the government on a permanent basis explaining in details how this person is being trained. The other part which is a 'turn-off' is the part of making sure that nobody is terminated while OPT students are being hired. This means that employer which reasonably terminate someone will not be able to do so because the employee can claim, he or she is being replaced by an OPT student. This adds up to the frustrations and the news of getting this law passed!

Monday, October 19, 2015

New Proposed OPT rules will give 24 months extra of EAD to F1 students.

Improving and Expanding Training Opportunities for F–1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F–1 Students

"The Department of Homeland Security (DHS) proposes to amend its F–1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F–1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. The rule also improves and increases oversight over STEM OPT extensions by, among other things, requiring the implementation of formal mentoring and training plans by employers, adding wage and other protections for STEM OPT students and U.S. workers, and allowing extensions only to students with degrees from accredited schools.

  >> Read The Full rule here

Wednesday, October 14, 2015

H4 COS is approved but H4 EAD not yet approved - what happens to your job?

Recently many has gladly shifted either from H1B or OPT to H4 and ultimately the H4 EAD. Even though the cases in such changes of status (COS) are being processed concurrently, most people are receiving a H4 status approval before their EAD. The H4 EAD is usually being followed around few weeks later. In this situation,  what happens to your job in the meantime and whether you should work? 

Positively once the H4 COS is approved until the EAD is approved, you are not allowed to work. However, in case you are working by mistake, and USCIS brings this issue in the future especially for your permanent resident card process, you can always look into INA 245(k) to defend your case. See memo guidance from USCIS on INA 245(k)
However note that the INA 245(k) is only a defense.

The best solution is to work with your employer to take a break until the H4 EAD is approved, and if you are confused or need help on the matter, please call (510) 7425887 for a consultation.

Wednesday, October 7, 2015

TRO on October 2015 Visa Bulletin Denied

As the hopes went up with the Temporary Restraining Order (TRO) filed on the Mehta v DOS, the court decided that the TRO could not be granted. This means the court will not allow the forcing of the original October 2015 visa bulletin.  This is not great news however there might be some hope if the court found out that the situation might be "moot"!

Due to the pressure, there is a chance that the Department of State might actually give us some reasonable good news for the November 2015 visa bulletin.  Of course, it might be totally speculative to think this way.  The reason the DOS might not budge is because of their situation.  Indeed, if the government goes back on its decision, it might actually not be good for their so-called image. But if they update the November 2015 visa bulletin to look better or the same as the previous October 2015 visa bulletin, it will not look as if they are capitulating under pressure.  This is what we might hopefully see soon.  See my article explaining attorney Shah Peerally's logic on the matter.

Therefore, the idea is not completely lost, let us wait and see how the November 2015 Visa Bulletin behaves. In the meantime, please sign the petition below to keep the pressure.

Shah Peerally Newark, CA
Fighting Back the October 2015 Revised Visa Bulletin – Call for action!
As you all know by now the government has revised the Visa Bulletin affecting thousands of applicants who in the hope of finding a new future prepared to file for their adjustment of status. The truth is that many are suffering because 1) of the endless delay and 2) because of the “false hope” instigated by the original Visa Bulletin. To this end some have taken it to the court filing a class action in D.C Court to push the government to honor it ‘original October 2015 Visa Bulletin’. Some organisations including AILA is calling on the government to actually honor the previous October 2015 Visa Bulletin.
SIGN THE PETITION TO HONOR THE ORIGINAL VISA BULLETIN.


Thursday, October 1, 2015

No news yet on the TRO and lawsuit on the October 2015 Visa Bulletin

As time passes, many are actually waiting on the news regarding the lawsuit. The situation is tensed and we are still waiting on the decision of the Temporary restraining order. This is what was published on LexisNexis
Oct. 1, 2015 - There may be a hearing in Seattle this morning on the motion for TRO.  Meanwhile, here are links to key documents in Mehta v. DOS, No. 15cv1543, W.D. Wa.:

Tuesday, September 29, 2015

Fighting Back the October 2015 Revised Visa Bulletin - Call for action!

As you all know by now the government has revised the Visa Bulletin affecting thousands of applicants who in the hope of finding a new future prepared to file for their adjustment of status.  The truth is that many are suffering because 1) of the endless delay and 2) because of the "false hope" instigated by the original Visa Bulletin.  To this end some have taken it to the court filing a class action in D.C Court to push the government to honor it 'original October 2015 Visa Bulletin'. Some organisations including AILA is calling on the government to actually honor the previous October 2015 Visa Bulletin.

"On 9/28/15, AILA sent a letter to Secretary of State John Kerry, Secretary of Homeland Security Jeh Johnson, and Director of the Domestic Policy Council Cecilia Muñoz expressing disappointment in 9/25/15 changes to the October Visa Bulletin, and asking that the 9/9/15 Visa Bulletin be restored."

We think each and every of you who are affected by this situation should actually go forward and call their representatives including Secretary John Kerry and the others mentioned and tell them that what has happened is wrong. Playing with the lives of thousands is outrageous!

The Shah Peerally Law Group calls on our government for compassion and foresight and re-instate the original October 2015 Visa Bulletin.
SIGN THE PETITION

Friday, September 25, 2015

Bad News - DOS revised October 2015 Visa Bulletin

Sep 25, 2015 — In an unprecedented decision, the Department of State, is revising their October 2015 Visa Bulletin. The dates are now for India application on 01 July 2009 instead of 01 July 2011 as mentioned. This is so wrong and unfair. But unfortunately those who do not meet this requirement will not be able to file.


Thanks
Shah
Breaking Bad News - Visa Bulletin October 2015 is changed - San Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose

Breaking Bad News - Visa Bulletin October 2015 is changed - San Francisco Immigration Attorney, Bay Area H1b Visa Lawyer San Jose

DOS Publishes Updated Visa Bulletin for October 2015 On Sept. 25, the Department of State (DOS) published an updated Visa Bulletin for October 2015. This bulletin supersedes the bulletin...
HTTP://WWW.PEERALLYLAW.COM

Friday, September 18, 2015

Cases of F2 being denied - Do such visas depend on "luck"?

Recently we have noticed a surge in denials of  F2 visas (dependents of F1 student visas) at the US consulate.  Most of the denials are based on the INA 214(b).

What is 214(b)?

Under 214 (b),  every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) . An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and su bstance as is prescribed by section 247(b) .

Based on INA 214(b), it is clear that the applicant (aka alien), has to show that they are not immigrant on applying for visas such as F1, F2, or B1/B2 visas.  While it might seem obvious to some to prove that the intent is not to immigrate, the challenge is actually to prove that the applicant has ties to his or her home country. 

Applicants should actually be ready to prove that they will return to their home country after they use the visa including the F2 visa.  As such the applicant should show things such as properties in their home country, a job awaiting for them when they come back, business owned, and so on.  There are no definite ways to prove that there is no immigrant intent. However, based on the discretionary powers of the US consulate officer, the adjudicating officer will actually determine if he or she wants to grant a visa.

The problem is usually the discretionary powers involved. In fact, it does not always follow logic. One might think that if one has all the necessary documents to prove ties to their home country they will be approved. But alas, this is not always the case.  In fact, some might obtain a non immigrant visa even without proving a lot of ties to their home country while some might be denied even they can demonstrate a lot of ties.  

As such the obtaining a F2 visa might actually depend more on your luck rather than anything. One of the options is to involve a congress person in the case but even then, it seems that "luck" is usually the controlling force in F2 visa applications.

If you need help or a consultation on immigration cases, feel free to call us at 510 7425887

Wednesday, September 16, 2015

Do I need Medical Exam before filing the I-485?

With the new visa Bulletin from October 1, 2015, many are ready to file as from October 1, 2015. One of the FAQs we are getting is whether you should file a medical exam form I-693 if you are filing under the "acceptance chart".  The truth is that although it might not be required to have the form I-693 medical exam in the new Visa Bulletin model, the USCIS might confusingly return a case without the form I-693. In the event this happens and if the case is returned after October 31 2015 and there is a retrogression on the dates, one might actually miss a chance. As such we are recommending putting the medical exam assessment in the package although you might have to do the medical exam at a later stage. The worse is that you spend some extra fees in medical exam. If you want help on your I-485 adjustment of status case or any immigration case, feel free to call us at 510 7425887. We will discuss about this issue on our next radio show on Thursday September 17, 2015.

Saturday, September 12, 2015

I-485 EAD and I-140 are not the same thing - explaining the October 2015 Visa Bulletin.

The new October 2015 Visa Bulletin is very welcoming for many.  However, it seems that due to this great news, many are now confusing the possibility the I-140 EAD as what they are seeing on the 2015 Visa Bulletin.  This article on the Shah Peerally Law Group website explains the way the new Visa Bulletin as from October 1 2015 will be working.  Our present article tries to distinguish the misunderstandings.

What will be the I-140 EAD?
First, the I-140 EAD is not law yet.  But if it becomes law, you need to understand that the I-140 EAD would be 'stand alone' EADs just like the H4 EAD. This means that they will temporary work permits just dependent on the I-140 irrespective of the company who filed the I-140.

The I-485 adjustment of status regular EAD.
On the other hand, the new visa bulletin is the regular EADs which are given once an adjustment of status is accepted. Therefore we should distinguish between the two types of EADs.

Why is it important to distinguish the two types of EADs?

The I-140 EAD would apply to anybody who have an approved I-140 (of course, once the law passes), while the I-485 EAD is limited to those still having a genuine job offer with the company which filed for the I-140.  Therefore, if for example,  company A filed and has an approved I-140, and someone moved to company B, this person should be able to file for I-140 EAD (once the law passes).  As for the I-1485 adjustment of status EAD, it is only attached to the company which provided the petition and is limited to different cut-off dates.

There is an argument, however, that if the I-140 if approved with company A and was not revoked, one can still actually file for the adjustment of status (AOS) while working for company B and ultimately file an AC 21 after 180 days of filing of the I-1485 AOS.  Note that there should still be a genuine job offer from A to be able to proceed on this although some are arguing there no need to be such an offer. We take the position that there should be a letter of continuation of employment to move forward on the AOS. Now that the Visa Bulletin is divided into two parts, we are all waiting from some clarifications if such permutations can be effected.

Until then for those who actually want to file their adjustment of status (form I-485) properly, we recommend using a good lawyer to help. You can call our law firm at (510) 742 5887. Good luck to all of you.


Wednesday, September 9, 2015

Awesome news for India EB2 - It seems the Obama Administration is on a spree of good news for immigrants!

This year has been an amazing thing for immigration through the executive power. First, the H4 EAD was passed, then the Yemen TPS, now reduction in India EB2 time. All those were petition which we were working on and we are very happy that finally the USCIS and Department of State has heard our plights.

Please read more

USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status
USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.
This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.
The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

>> Read More
See New Visa Bulletin Here
Shah Peerally Law Show September 10 2015

Friday, September 4, 2015

EB2 India is retrogressed again. We need more signatures on the Petition!

https://www.change.org/p/reduce-the-waiting-time-on-india-immigration-eb2-and-eb3-categories/u/13029260This September India EB2 went to 2006. This is quite offensive based on the fact that the US economy need foreign labor to operate and be competitive on the world market. We need more signatures on this petition. Yesterday, a similar petition for Yemen TPS went through and the USCIS granted TPS. After a successful H4 EAD, Yemen TPS, we hope the petition for EB2 India time reduction will actually bear fruits. Please let us move to get 15000 signatures.
Thank you.
SIGN THE PETITION

Tuesday, September 1, 2015

Immigration News and Updates on the Shah Peerally Law Show.

This recording live show covered topics such as H1B v/s H4 EAD, fiancee visa (k1), Visa Waiver Program, H1B transfer, H4 EAD, EAD, I-140, Perm labor certification 365 days rule, Immigration and Nationality act and other interesting immigration topics. Moreover, there was a good analysis on choosing between H1B and H4 EAD. There was also mention of issues such as the advantages of moving to H4 EAD rather than OPT or H1B.  We invite you to listen and share the recorded live show where callers have their immigration questions answered.


Thursday, August 20, 2015

Shah Peerally Law Show - August 20 2015

Discussing about H4 EAD, OPT, H1B issues. Please listen to the show and feel free to share.

Saturday, August 15, 2015

How can the DC District Court Invalidation of the 17 months STEM extension affect the H4 EAD program?

In a recent decision of Wash. Alliance of Tech. Workers v. DHS, 8/12/15, the DC District Court invalidated the famous president Obama OPT 17 months extension stating that the rules were promulgated without notice or public comments.  However, the court stated that due to undue hardship on the technology sector the court will not reverse the existing cases and will grant until February 2016 for the government to run the OPT STEM extension on the regulatory board (federal register) just like the H4 EAD went through on the same regulatory board.

What might happens next to the OPT extension?

The question is whether the public comments will be favorable or unfavorable and what will the Department of Homeland Security do if there are more negative comments on the matter?  In case the stem extension does not make it through the regulatory board, there is a chance that no OPT extension will be granted and those who already benefited from such an extension will also be able to keep it to the end of the term.  However, the situation might be more confusing in case it is decided that all the extensions will be immediately invalidated.  At this point only time will tell us about the future of the OPT extension program.

How does the OPT extension invalidation influence or affect the H4 EAD?


First of all with the invalidation of the OPT extension, more applicants who are eligible for H4 EAD might actually apply for the H4 work permit because of the only other option available.  Second, it teaches us that the District judge refused to recall the entire OPT extension cards obtained through STEM extension based on an undue hardship on the technology sector.  Based on this rationale, in case there are more lawsuits on the H4 EAD, the judge might adopt the same approach.  But foremost, the H4 EAD went through the DC judge's prescribed solution on OPT Wash. Alliance of Tech. Workers decision. This means that the H4 EAD actually went through the notice and public comments before actually become law.

While this Wash. Alliance of Tech. Workers decision is another blow to the Obama executive actions, fortunately the administration is not willing to give up on its approach.  We hope that the public understands the full impact of removing the F1 student OPT extensions option.  It is a fact that foreign student program is a major source of income for the United States  as well as creating a competitive edge in science, technology, engineering and mathematics  for America. The result of cutting the potential STEM students their ability to experience and earn on an OPT will actually have a negative impact on this industry and related industries. This was actually mentioned in the Wash. Alliance Tech. case.

Lately we have been seeing many anti-immigration or so-called workers' groups sue on new Obama immigration executive actions. The restrictive approach which many of such groups are are taking will in the long run not really benefit America and its vision of the 21st Century.  United States has led the world when it comes to technology and science,  and research have shown that recently many of the leading edge innovations are thanks to legal immigrants.  As such, trying to make it difficult on the same immigrants will ultimately result in our great losses to this great country. We hope that the American people will understand the real implications of restrictionist moves.

Monday, August 10, 2015

H1B approved on new quota and H4 EAD also approved, which one to pick?

Lately we have received many calls where new H1Bs were picked in the lottery while H4 EADs are being approved. The question most are asking is what should they pick? This question does not carry such a straight answer because it depends on your situation.

There are two kinds of scenarios which come into play:

1. Those who did a change of status with their new H1Bs. This means that on October 1, the H1B will automatically replace the H4 status. Therefore you will have to work on the H1B not on the H4 EAD. Possible solution, reset to H4 before the H1B status kicks in. This will require a full consultation to be able to be answered. Please call us at 510 742 5887 for help;

OR

2. The H1B was done through consular processing, which means you can benefit from the H4 EAD until you decide to move on H1B. Note that you might have issues on the genuine job offer in case you do not work for the company which filed your H1B and need to move on H1B usually within six although there are few exceptions on the matter.

Whether you want to move to an H4 EAD or work on the H1B might be your choice, but you need to evaluate the following in making the decision:

a) Does your spouse H1B holds strong to carry your H4 status and ultimately your H4 EAD?
b) Do you want flexibility in your job? - H4 EAD can provide more flexibility to the H1B visa.
c) Do you want to open your own business? - H4 EAD is a good answer.
d) Does your company prefer you to be on H1B rather than H4 EAD?

The above questions and answers are important before you make a decision whether to pick the H1B or the H4 EAD. Note that once you make through the cap of the H1B, you can actually revive it depending on your situation. We therefore recommend you give us a call at 510 742 5887, if you have any question or need help in such a situation.

Thursday, August 6, 2015

Latest Immigration Law Show August 6 2015

Discussing general immigration issues and H4 visas including H4 EAD approvals and change of status. The radio today had an interesting question on RFE based on revocation of the I-140 and the H4 EAD. Listen to the show in its entirety and please share.
Listen Music - Free Audio - Immigration Law - Shah Peera...

If H4 EAD gives power to many frustrated H4 visa holders, why is it so controversial?

The H4 EAD has now been in placed for some months now and many are still debating and criticizing the executive ruling allowing many H4 visa holders to obtain an EAD.  Those who are actually fighting may have good argument but there is a chance they  hiding under the guise of those who do not really want to see competition in their field because they themselves cannot compete.

If competition is the issue then everybody should have a shot at filing a lawsuit when they have to compete on their job market. For instance, lawyers and doctors could ask the State Bars and Medical Boards to stop having new lawyers and doctors on the market.  If the court allows the lawsuit against H4 EAD to prevail, they might as well let other industries have a shot at their job markets.

Job offers should be based  on meritocracy and those who deserve the position should get the job whether they are US citizens or immigrants.  Trying to cut immigrant workers from the system will only result in a downgraded economy like Japan is going through right now.

The H4 EAD rule has renewed hope for many temporary workers spouses in the immigration system. Taking away this law will be disastrous.  We hope that this new law of H4 EAD remains intact and the suffering of some H4 visa holders is not re-instated because of a wrong choice.




Wednesday, August 5, 2015

Another Change of Status to H4 approved in only 65 days. Horray!!!

We congratulate the Shah Peerally Law Group PC's team for another successful change of status approved in less than 90 days and now we are awaiting for the approval of the H4 EAD. We should be getting the approval notice on the EAD in the next coming weeks. Good job to the Shah Peerally Law Group PC.  If you need help with your H4 Change of Status, H4 EAD or consultation on the matter, please call us at 510 742 5887.

Sunday, August 2, 2015

5 Mistakes and Misconceptions when applying for the H4 EAD.

The H4 EAD is going on full blown with thousands of applications per month. Yet many are still wondering how to apply and by trying to file on their own, are committing certain mistakes because of the misconceptions attached to the H4 EAD applications. Below of them:


  1. Applying for the H4 EAD without even being on H4 visa.  The H4 EAD can only be applied if you are actually on H4 visa status or are concurrently changing status to an H4 visa. Make sure you do not apply while you are on some other sort of visa.  Also the H4 EAD is not a status. It is just a work permit. The status is the H4 visa status.
  2. Filing too many forms or no correctly filling the I-765 form.  Many are confused on the forms especially because USCIS tends to give too much information on the instructions. Filing the forms properly is essential to a quick and hassle free approval.
  3. Sending the H4 application to the wrong address can result in delay or even rejections.
  4. Sending the wrong amount of filing fees.  Some people are adding a fingerprint fee.  The I-765 H4 EAD does not require a fingerprint fee.
  5. Not extending the H4 visa status before filing for the EAD.  Since the EAD is attached to the status of the H4 visa, make sure you are extending the visa concurrently or wait for the extension before filing the form I-765. Otherwise you might get a very short time EAD.
The above are just few mistakes we are seeing applicants commit. We encourage the applicants to hire professional help to file for the H4 EAD.  Our law firm has already successfully filed hundreds of H4 EAD and so far we have had no RFEs or denials. Call us at 510 742 5887, or email info@peerallylaw.com  if you need assistance.

Thursday, July 30, 2015

Tuesday, July 28, 2015

The H4 EAD's future.

In the recent months there has been an influx of applications of H4 EAD reaching the USCIS. We have seen the dream of thousands come true with approval notices after approval notices.  It give us immense pride to see the culmination of long years of fight.  The question everybody is asking is what happens next?  We wanted to cover few of the issues that might be facing the H4 visa holders, their EADs and what we can expect in the future.

We Expect More Applications in the coming month.

Many are those who preferred to wait and see how the situation with the H4 work permits unfolds before applying.  We have seen hundreds of H4 visa holders waiting for the right moment to apply. Now they are flocking in for their applications.  We think that there will be another wave of applications in around August 2015.  If you are one of them and you need help, do not hesitate to call us at 510 742 5887.

Save Jobs USA lawsuit is not finished.

The lawsuit against H4 visa EADs is not completed yet. We hope it will not result in a reversal of the law.  We have just to wait on see on this. This is one reason, it might be good to file for the EADs as soon as you can.

The I-140 EAD coming soon.

The I-140 EAD is the next new wave which we are expecting around end of 2015 or by April 2016. Unless it is blocked, it will be the next good thing coming from the USCIS.

The above is just a quick analysis of what we have seen and we can expect on the Employment Authorization Document (EAD) arena. At no point it reflect the general reality.  It is only what our law firm has witnessed in the past few months. Keep checking our website www.h4toead.com  for updates and new information. Should you need help on any H4 application or EAD, feel free to call us at 510 742 5887.

Saturday, July 25, 2015

"How To guide" on Immigration.

The H4 EAD is usually only one aspect of immigration. It is always good to look into other options when it comes to immigration matters. As such this "How To Guide" on immigration can be very helpful. We encourage you to check the link and hope it helps into other options to immigrate to the United States. For more information feel free to call 510 742 5887.

Thursday, July 23, 2015

Some very interesting questions on H4 and H4 EAD answered!

The Shah Peerally Law Show  on Thursday July 23 2015 was full of very interesting EAD questions including H4 EAD traveling, H4 EAD change of status, I-140 EAD, and other employment and non employment immigration answers. Below is a recorded audio of the show.


Upload Audio - Download Music - Shah Peerally Law Show 07. 23.2015 - H4 EAD, I-140EAD, USCIS

Great Testimonial on the H4 EAD!

Here is a testimonial from one of our clients:

"I have been an avid listener of radio talk shows hosted by Attorney Shah as I found them very informative. Through these shows, I found out about the quest for H4 EAD and signed petition for the same. I also used to send my questions to Attorney Shah over emails and always got the response even though there was no client-attorney relationship at that point. Now that this law is a reality now, there was no better option for me other than Attorney Shah who has been in the thick of this crusade to apply for my Wife's H4 EAD. the whole process of application has been very smooth and easy. Able office assistants from Attorney Shah's office patiently helped me out while I worked on collecting the documents. During this process, I have mailed numerous times to Attorney Shah with my questions and he would always make it a point to respond back to my questions promptly. I am still waiting for the EAD approval, however wanted to write this review to express my gratitude for Attorney Shah who has been doing this amazing work. "

 *Important: The testimonials or endorsements on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Each case is different and success in one case does not warrant or guarantee success in other similar cases or situations.

Wednesday, July 22, 2015

New H1B Amendment memo from USCIS ease the requirements to file amendments.


New H-1B petitions for workers who change job sites, with the agency saying it would generally not punish employers that don’t file new petitions based on location changes that occurred before April 9 2015 based the Matter of Simeio Solutions LLC. On June 21 2015 USCIS released a new memo as a guide to whom should file for an H1B amendment after Matter of Simeio Solutions, LLC. For more information or help call us at 510 7425887

Tuesday, July 21, 2015

More H4 EAD approvals coming!

We are very proud of the Shah Peerally Law Group team for so far an impeccable rate of approvals on the H4 EAD and H4 COS.  More approvals have been coming lately. We are very happy that no a single request for evidence on the H4 EAD applications were issued so far.   The group hopes to continue serving the immigrant community when it comes to all aspect of immigration. For those who want to avoid any possible complicated issue in filing for H4 change of status or EAD, we recommend you contact them at 510 742 5587. Note just because so many cases are being approved, it does not necessarily means your case will be approved.

Listen to the Shah Peerally Law Show Recorded live on KLOK 1170 AM on July 20th 2015
Upload Audio - Download Music - Shah Peerally Immigration Law Show - July 20 2015

Thursday, July 16, 2015

Shah Peerally Law Show - July 17, 2015 - H4 EAD issues

Free Music - Audio Hosting - Shah Peerally Law Show July ...

H4 Change of Status being approved within 90 days and H4 EAD within 4 weeks!

Lately a lot people are asking about the processing time for H4 Change of Status (H4 COS) and H4 EAD processing time. Based on the amount of cases we have handled so far, the average turn around of the cases from our office for 1) H4 COS is around 2.5 months  and 2) another 2 to 4 weeks for the EAD.  We have heard that many are experiencing longer delays.  The truth is that the delays might be the result of wrongfully submitted applications or the person who filed has no experience in filing either the H4 COS or the H4 EAD.  We highly recommend seeking the right professional help to handle such cases. The Shah Peerally Law Group PC has now handled many of such cases and our success rate is amazing so far. We recommend calling us at 510 742 5887 or email info@peerallylaw.com for any inquiry.

How a good lawyer can help on your H4 EAD application.

Have you ever wondered why most companies seek to employ a good attorney as their advisors? You'll find most big companies investing in legal advisors who can give them a solid back up when it comes to matters of law or advice regarding areas such as capitalization, taxation, immigration, and other areas of law. Based on the same logic individuals should properly choose their attorneys to handle their cases. Article Source: http://EzineArticles.com/9098626

Tuesday, July 14, 2015

USCIS resumes H1B Premium Processing

Stating that the H4 EAD needed resources, the USCIS previously suspended many H1B premium processing. Fortunately as from July 13, 2015, USCIS has changed position and resumed all H1B premium processing allowing H1B holders filing for an H1B transfer, H1B amendment or H1B extension to file their form I-907 premium processing. For more information check here.

Saturday, July 11, 2015

The August 2015 Visa Bulletin is out and nothing really great for India! The Philippines doing better on EB3

Except the Philippines which was unavailable, is now on June 2004 EB3, the August 2015 Visa Bulletin is not promising for Indian nationals.  In fact, we might see a retrogression in September 2015 for India. However, we might also see a move towards a progression.  Hopefully, we will see a good progression to at least September 2009 according to our previous predictions but the stagnant situation since June to August 2015, is not a good sign.  We encourage people to look into other alternatives. Good luck to all!

TIRED OF EB2 WAITING TIME?
  • Try the EB1 categories -EB1a, EB1b and Eb1c

  • SIGN OUR PETITION TO REDUCE EB2 WAITING TIME FOR INDIA

  • If you need help with any immigration matter, feel free to contact us at 510 742 5887

    Friday, July 10, 2015

    Do you I have to file anything if I want to change job on H4 EAD?

    The H4 EAD unlike the H1B visa does not require any kind of transfer or filing in order to move from jobs to jobs. In fact, you can be working at different places simultaneously and better not even in your field of study.  However the since the H4 is attached to the H1B visa, you need to make sure that a form I-539 change of status is filed every time you transfer the H1B.  At this point, USCIS has not mentioned to refile the H4 EAD application every time you move the H1B visa.  If you need help filing the H4 EAD or H4 Change of Status.

    Important note: Many are contacting us stating they self filed the H4 EAD and they have not even received any answer.  This is exactly the problem of dealing with such new cases without knowing the law. It is wise to use an attorney to help. Our law firm has already received many approval of H4 EAD and we will be glad to help you. Call us at 510 742 5887

    Thursday, July 9, 2015

    US immigration questions- H1B, H4 visa, Parents petitions with attorney ...

    Immigration Council Call for Plaintiffs: EAD Adjudication Delays



    The American Immigration Council, Northwest Immigrant Rights Project (NWIRP), Gibbs Houston Pauw, Scott D. Pollock & Associates, P.C., and Van der Hout, Brigagliano & Nightingale, LLP, have filed a class action lawsuit challenging USCIS’s failure to timely adjudicate applications for employment authorization documents (EADs) and to issue interim employment authorization. If your client’s EAD application has not been adjudicated within the regulatory time period and s/he may be interested in serving as a plaintiff in the lawsuit, please fill out the form below.

    Plaintiffs’ counsel are collecting examples of cases that have been pending past 90 days and cases where asylum applicants have had to wait beyond the regulatory 30 day period. Please do NOT include any EAD applications based on initial DACA applications (Form I-821D) at this time. Also please do not submit cases if you have “asylum clock problems,” i.e., where the government may disagree that the required 150 days have elapsed. If you have questions, please e-mail Clearinghouse@immcouncil.org with the subject line "EAD Processing Delays."

    Fill the form Here

    Tuesday, July 7, 2015

    The H1B and H4 visas Application Difficulties.

    The H1B applications difficulties are becoming more and more complicated to deal with. From a good support letter to filing the I-129 application and the LCAs, many are wondering whether they can actually file their own H1B and H4 transfers.  If you are familiar with the application, it might be possible to apply on your own. However, a simple mistake might cost you or get you an RFE or worse an Intent to Deny ultimately resulting in a denial.  This article covers issues of filing your H1B application.  If you need help on your H1B application, please call us at 510 742 5887.

    Sunday, July 5, 2015

    Attorney On Air Law Show - Celebrates its 5th Year Anniversary.

    For the 5th Anniversary of the Attorney On Air law show, the law show on Monday July 6th 2015 will be dedicated to the pain of those agonizing on the EB categories. Please listen to the show 12pm to 1pm KLOK1170am.com -
    Thank you!

    Five Years of Existence for the Shah Peerally Law Show




    Friday, July 3, 2015

    Another Xenophobic attack on H4 Visa Holders and the New H4 EAD rule.

    It seems that many are going on a lengthy way to attack not only the H4 EADs but also an entire group of people.  While the arguments might be holding water, the fact that some can even dare to write such a book is reprehensible.

    A new book reported by ComputerWorld India denounces an alleged monopoly by South Indians regarding the IT sector.  Although I have not read the book, and although we all know there are few abuses on employment visas, I cannot imagine that an entire race needs to be blamed based on few situations.  It is exactly what Donald Trump is doing to the Latinos and Mexicans (See Donald Trump v/s Mexicans)

    The book "The Rise of South Indians: Invisible Dimension in Decline of Jobs for Americans in US Economy” says that to fix the broken US IT job market, the monopoly of Teluguites and Tamilians must be ended.

    The immigration system has its flaws but so far, the Silicon Valley has prospered based on this system.  Now blaming the "success" on abuses is not only wrong but ridiculous.  We would like all of you to be aware that many anti-immigration groups are just racists and xenophobic.  They will even use people of the same community to create division between groups. None of us should subscribe to this kind of intimidation.

     

    Thursday, July 2, 2015

    NetBlog

    DHS could not stop the Save Jobs USA lawsuit on H4 EAD.

    It seems the government was against the H4 new rule. According to Law360, the government failed to "Nix" the lawsuit at an early stage. Despite the fact that the Judge did not agree on the preliminary injunction, she still allowed the law suit to continue.  As such we are going to see a huge influx of evidence and information coming on the lawsuit. At this point the H4 EAD rule is still good but we do not know what is its future. For those who qualify at this point, we recommend you file your EAD at an early stage and enjoy the benefits. If you need help to apply, please call us at 510 742 5887.



    Immigration Law Show By Shah Peerally

    Wednesday, July 1, 2015

    Can I use a previously approved I-140 for the H4 EAD?

    If you have an approved I-140, whether it is from the present company you are working with, or an not revoked approved form I-140 from any previous company, you can actually use it to file for your spouse H4 work authorization (H4 EAD).  The rule follows the same rule of AC 21, for H1B extension where the H1B holders can extend and transfer their H1B beyond six years with an approved I-140.  The approval does not have to be in any specific EB category.  If you need help or are confused with the H4 EAD rule, feel free to call us at 510 742 5887 for help.

    Sunday, June 28, 2015

    Do not try to file your form I-539 H4 COS electronically!

    http://peerallylaw.comUSCIS has announced since June 16, 2015 that it has discontinued the electronic filing of the form I-539.  As such those who are planning to file electronically especially for change of status to H4 visa, please do it manually by printing the form and sending it to the the USCIS.  Note that in order for someone to change status, that person has to have maintained status.  This means if you are moving for example from H1B status to H4 status, make sure you prove that you maintained H1B status by providing pay check stubs, etc.  We recommend in case, your employer was keeping you on the bench while on H1B, you contact our office at (510) 742 5887 to assist you in the process.

    Friday, June 26, 2015

    Finally all the US visa embassies are back online

    According to the DOS as per June 26, 2015, all visa-issuing embassies and consulates are now back online.  We are scheduling visa interviews and issuing nonimmigrant and immigrant visas.

    We are now recommending to our clients who wanted to travel to get their visa stamped to proceed with their applications. If you need help, please call us at 510 742 5887

    DOS announcing that 85 percent of State Department nonimmigrant visa demand worldwide, are now online and issuing visas

     It seems that 85% of the non-immigrant processing has resumed. But we might still see some issues so be ready in case you want to apply for a visa a the Consulate. We recommend unless emergency not to go for consular processing at this point.  

    This is what the DOS website is showing:

    The Bureau of Consular Affairs reports that 165 posts, representing more than 85 percent of our nonimmigrant visa demand worldwide, are now online and issuing visas. Posts overseas issued more than 82,000 visas on June 24. Posts overseas have issued more than 238,000 non-immigrant visas this week. For context, if systems had been operating normally, posts would have issued approximately 540,000 visas since the outage started. We will continue to bring additional posts online until connectivity with all posts is restored. All posts worldwide are now scheduling interviews with applicants, including with those who applied after the systems problems began on June 9. We deeply regret the inconvenience to travelers who are waiting for visas, as well as their families and U.S. businesses that have been affected. We continue to post updates to our website, travel.state.gov.

    Wednesday, June 24, 2015

    State Department Reporting now that 73% of their system back online.

    The Bureau of Consular Affairs reports that 50 posts, representing nearly three-quarters (73 percent) of our nonimmigrant visa demand worldwide, are now online and issuing visas. Alert Here

    Update on Visa Processing at the US consulate as per June 23, 2015

    As mentioned earlier, the Department of State visa issuing system was completely down. However, it seems some of the functionality has been restored.  See updates posted here. We hope that the system will be restored, China is being mentioned but nothing precise for India except Chennai.  We hope that the system will soon be online so that those going for visa stamping are not delayed in the process.

    Before leaving for visa stamping, make sure you communicate with the State Department.

    Saturday, June 20, 2015

    For those going for Visa Stamping - Note that as from Friday all US Consular system is down!

    If you are planning to go visa stamping or obtain a visa at any US Consulate around the world. Please note that the system is completely down and it seems there will be no visa issued at any US embassy or consulate until further notice.  Please call us at 510 742 5887, before you leave for visa stamping.

    WASHINGTON (AP) — The State Department said Friday it has been forced to suspend the issuance of U.S. passports and visas at its overseas diplomatic missions due to a glitch that has hit one of its computer databases.
    In a statement posted to its travel.state.gov website, the department said a hardware failure in its Consular Consolidated Database glitch has left overseas embassies and consulates unable to print visas, regular passports and other travel documents. This means that people who submitted online applications for passports and visas on or after June 9 will likely experience delays in processing, it said.
    Read More