Saturday, April 25, 2015

Some Bad news from H4 EAD

Save USA Jobs USA filed a declaratory Judgment and injunctive relief  against the Department of Homeland Security alleging that the agency acted arbitrarily and capriciously in allowing H4 visa holders to be able to apply for an H4 work permit.  Save Jobs USA is alleging that it will provide cheap labor competing with American Jobs. 

Read the Law Suit

Note: A declaratory judgment is generally distinguished from an advisory opinion because the latter does not resolve an actual case or controversy. Declaratory judgments can provide legal certainty to each party in a matter when this could resolve or assist in a disagreement. Often an early resolution of legal rights will resolve some or all of the other issues in a matter.

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 that the lawsuit has merits because it is in the full executive power of the government to amend the H1B laws to allow a work permit to the H4 visa holders.  In addition, this law was subject to public comments and passed with flying colors.  We pray the court to understand the pain of the H4 visa holders and not to let the "anti-immigrants" feeling take over this great country.

How to get a copy of the Form I-140 approval for H4 EAD

As you know the H4 EAD law requires that either an AC 21 beyond 6th years extension or an approved I-140 approval on the H1B holder on whom the H4 depends in order to obtain the H4 work permit. In case, the approved form I-140 is the same company where the H1B holder is working, it is obvious that they will probably agree to give you a copy of the approval notice.  In case they are not willing to provide the approval notice or in case the I-140 is from a different company and the company is not willing to provide a copy, the following measures can be taken:

1.  Try to do a Freedom of  Information Act Request on form G-639 (http://www.uscis.gov/g-639) - you might be able to get a copy of both the I-140 and the Labor Certification. Note that it does not work all the time. The Shah Peerally Law Group PC has been successful in few such cases. You can reach us at 510 7425887, if you need any help; or
2. If you have the receipt number mention the receipt number and print the online status from www.uscis.gov.
3. To obtain a copy of your labor certification for other purposes you can refer to our forum for guidance http://www.splawforum.com/threads/45-Obtaining-your-Labor-Certification-copy-through-FOIA

Tuesday, April 21, 2015

NO deadline after May 26, 2015 to apply for your H4 EAD.

Contrary to some rumors,  May 26, 2015 is not a deadline to apply for an H4 EAD.  It is only the date when eligible H4 visa holders can actually apply for a work permit.  It is definitely not like the H1B April 1 quota where there are a limited number of applications allocated and therefore there is no lottery for H4 visa holders work authorization applications. So far, as the law stands, H4 visa holders who qualify and want to apply for a work permit  have to start applying on May 26, 2015 not stop  applying on a deadline of May 26, 2015.   As per our knowledge, nothing has indicated a quota on the H4 EAD applications. This means as long as the law is not changed or revoked, people who are on H4 visa and qualify for the H4 work authorization should be eligible to apply even after May 26, 2015.  Therefore, do not get into a frenzy of applying without preparing a good application. For those who want to apply and want to make sure it is done properly, please call us at 510 742 5887 or email info@peerallylaw.com for help.


Thursday, April 9, 2015

H4 to EAD Processing Time

Many H4 visa holders are asking about the H4 EAD or H4 work permit processing time.  While regular EAD cases take less than 90 days to adjudicate, we can only estimate that the time to process such cases will be less than 90 days. However due to high the volume of applications, we might see a slight delay.

Since the H4 EAD processing time might take longer than regular 90 days processing time, the question is whether an interim EAD will be issued based on this.  An interim EAD is one which is issued temporarily because of the delay in processing.  But unfortunately by the time an interim work permit is issued, the EAD might already be available.

We hope that the Interim employment authorization rule will apply - The rule states that USCIS will adjudicate the application within 90 days from the date of receipt of the application, except as described in 8 CFR 214.2(h)(9)(iv), and except in the case of an initial application for employment authorization under 8 CFR 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and 8 CFR 74a.12(c)(9) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n).

Based on the final rule of H4 work authorization, we all hope the H4 EAD processing time will actually be less than 90 days. Otherwise, you can claim an interim EAD. For more information or to apply for your H4 work permit, feel free to call us at 510 742 5887.

Wednesday, April 8, 2015

Looking for a good immigration lawyer to help on H4 EAD?


A lot of people are writing about H4 EAD while not even knowing what was the source of the law or even how to apply.  This is the chance of a lifetime and the long awaited work permit.  So in case you need help, please contact us at (510) 742 5887

Monday, April 6, 2015

What are the advantages of being on H4 work permit rather than other work permits.


The long awaited H4 work permit is going to be here as from May 26, 2015. As such as from May 26, 2015, H4 visa holders or those changing to H4 visa under certain conditions, will be able to apply for an H4 visa work authorization (EAD). While some are rejoiced by this news, others are still quite confused whether they should apply or not. For example, those who are on OPT and student visas are still wondering whether they should shift to an H4 status and use the work permit. I will recommend talking to a lawyer before you make the move.
Depending on your situation, the H4 work authorization can either be a blessing or not such a blessing. Nonetheless, the H4 EAD is going to be very helpful because:
  1. The H4 EAD unlike OPT EAD does not come with any restrictions based on the number of limited days someone can be “unemployed” under regular OPT and additionally under STEM OPT extension the position must be a paid position. However, the H4 EAD, is dependent on the H1B spouse status, therefore any loss of status on H1 status will result to a loss of status of H4 and the employment authorization. So be careful when handling your H1B transfer and H1B extension.
  2. The H4 EAD will allow flexibility for those who want to open a business. As we were arguing for the change of the law, many will call us and explain that they have many ideas of opening their own companies and the H4 was previously a bar to this dream. Now with the H4 EAD new rule, an H4 EAD can actually open his or her own business.
  3. If both spouses have an H1B and their significant other qualifies for the H4 EAD, that is, has an approved form I-140 or under 6th year AC 21 extension, the parties can then choose to alternate between H4 EAD and H1B status.
  4. The H4 work permit has no limits except it must be reviewed every time it is expired unless other EADs especially on OPT. So you can use it anytime you want.
  5. There are no prevailing wage determination or labor condition application which require a certain amount to be paid to the H4 EAD except those prescribed under the regular federal minimum wages. This means many companies will be more willing to hire an H4 EAD rather than someone on H1B.
Some Tips on Applying for the H4 Work Permit can be found here



The above are only few things you can do with an H4 work authorization or few advantages of using the H4 EAD rather than an OPT or an H1B. However, depending on the circumstances, it might still be advisable for someone to continue on an OPT or an H1B visa. We recommend you call us at 510 742 5887, and visit www.peerallylaw.com for more information on the matter.


Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law anddebt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS),mmigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under he Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).




Saturday, April 4, 2015

New Petition to reduce time on EB2 and EB3 categories for Indian and Chinese Nationals

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.
CLICK ON THE IMAGE TO SIGN THE PETITION
https://www.change.org/p/reduce-eb2-india-barack-obama-congress-u-s-house-of-representatives-department-of-homeland-security-united-states-department-of-state-reduce-the-waiting-time-on-india-immigration-eb2-and-eb3-categories

Wednesday, April 1, 2015

The Pathway to H4 EAD - DesiOPT.com



The Path to H4 Employment Authorization.

OPT/CPT Blast Resume to 2500+ employers

USCIS announced that as from May 26, 2015, certain H4 Visa holders will be permitted to apply for a work permit. This work permit although a surprise to many, was not a surprise to those who actually fought for the rights of the H4 visa holders.

Since 2011, a small movement of H4 visa holders, started a Facebook page called “H4 A Curse”. This movement was led by Rashi Bhatnagar. While the group was small they were very active over time organizing meetings, and reaching out to influential people to help the cause. At first there was a lot of resistance.

In 2012, the group contacted Shah Peerally, who took an interest in the matter and actually invited the group to discuss about their issues and problem facing this community. Shah organized a live radio show in June 2012 “H4 Visa Work Permit - problems facing H4 visa holders! H4 Mega Radio Show live (June, 1 2012)” This radio show was culminating turn for the group which was actually never given a chance to speak their mind.

Consequently, Shah and the group started an online petition “Give More Rights to H4 Visa Holders” on Change.org. Over less than two years the petition gathered more than 7000 signatures. Shah Peerally wrote an open letter to President Obama “Break the H4 Prison” explaining the difficulties of those who are on H4 visa and and their plight. In this petition, it was mentioned that USCIS has actually proposed a rule giving some H4 visa holders. The same rule which has now become law.


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