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.