Monday, October 17, 2016

Options for H4 Visa Children turning 21

The waiting time for those from India and China on EB2 and EB3 are seriously too long - (see petition to reduce EB2 and EB3 time). As such many are worried for their children once they turn 21.  The H4 dependent visas are attached to dependent spouses and children. The H4 Visa for spouses has no time limitations, that is, as long as the H1B is valid, an H4 visa might be obtained or maintained. However the same rule does not apply to children who turn 21 years old. As such it becomes a big problem for the families who are waiting for their Green cards.

The solution is not so obvious. We have listed below some of the possibilities:

1. A Student Visa (F1 or M1 Visa)
Those who are or planning to be in college (or school), can possibly file for the F1 or M student visas. This visa allows the sons and daughters of H1B holders and others to actually continue their education and not be separated from their family. However, the student needs to be accepted and ultimately be admitted in school.


2. The J1 Visa
This visa is quite interesting however, it can actually become an issue when it is time to do change of status to another visa. The J1 visa allows certain individuals to actually work but might be subject to the two years residency. Ultimately, waiving this residency requirement might be difficult. Therefore this is usually not really a "first choice" option.

3. H1B Visa
The H1B visa is a good option for many provided they meet the requirements and actually make it to the lottery. There are of course other employment visas which need to be assessed by a good lawyer. You can call (510) 7425887, if you need help.

4. Family Petitions
Many might have other family petitions pending such as marriage petitions or adoptions. For example if there is a marriage to a US citizen. We recommend that you talk to a lawyer to assess. Call (510) 742 5887.

5. Investor Visas
While EB categories are based on country of birth, some might still have the citizenship of other countries such as Canada, Australia and so on. In such cases you might want to look into E1 or E2 visas. Also you might want to look into EB5 visas. In fact, investor visas can actually be helpful to all.

6. Humanitarian Visas 
Humanitarian visas are those granted because it will be unfair for the individual to be sent to their home country. Such visas are U visas, VAWA cases, Asylum, etc. We highly recommend speaking to a lawyer familiar with such cases before you try to apply any of such visas.

We have tried to quickly assess the problems of the H4 visa children and some of the solutions. Unfortunately there might be situations where the child has no choice than to leave and come back to the United States. It is important that before the H4 Visa holder is sent back that a good lawyer assesses the case. You can call the Shah Peerally Law Group PC at 510 7425887 or email info@peerallylaw.com for help. The law firm fought for the rights of the H4 visa holders and is willing to help their children.





Thursday, October 6, 2016

H4 EAD - Why Not Enough H4 EAD workers applying?

An awesome article written by Laura D. Francis on H4 EAD and why many are not applying.
"Rashi Bhatnagar, a journalist in her native India, came to the U.S. in 2009 on an H-4 visa and was “totally shocked” that she couldn’t legally work. The visa is reserved for the dependents of workers on H-1B visas, the temporary, skilled visas popular among tech giants like Microsoft Corp. and Google Inc. Unlike the dependents of other skilled temporary workers, foreign nationals on H-4 visas couldn’t apply for work permits until very recently. The disparity was “really bizarre,” Bhatnagar told Bloomberg BNA Oct. 5..." >>Read More

Tuesday, October 4, 2016

CNS - Suit Over Guest-Worker Spouse Permits Tossed

CNS - Suit Over Guest-Worker Spouse Permits Tossed



(CN) — Tech workers challenging a Department of Homeland Security rule allowing the spouses of guest workers to apply for employment did not prove the spouses would compete with them in job hunts, a federal judge found, tossing the suit.

     Save Jobs USA, a group of former Southern California Edison computer workers replaced by foreign workers with H-1B guest-worker visas, sued Homeland Security in April 2015 to stop the rule from taking effect.

     The lawsuit, filed in D.C. federal court, challenged the agency's "Employment Authorization for Certain H-4 Dependent Spouses," which allows the spouses of H-1B visa holders to work. Save Jobs claimed the rule would further competition for workers in the tech field, who already struggle to gain employment in the face of foreign workers.

     U.S. District Judge Tanya S. Chutkan declined to stop the policy in May 2015, finding that Save Jobs failed to show its members would suffer harm with the rule's implementation.




Friday, September 9, 2016

Another approval of H4 EAD in less than 3 weeks

Congratulations to the Shah Peerally Law team for another approval of an H4 EAD application for less three weeks after filing. For those who need help in filing their H4 Change of Status and H4 EAD, feel free to call 510 7425887.

Tuesday, July 12, 2016

As from August 2016 H4 EAD will be option for EB2 spouses on all countries chargeability to get a work permit

The H4 EAD was initially an option which was set really for those who have an approved I-140 and are from India and China because of the retrogression. As from August 2016 when the visa is retrogressed for all countries of the world on EB2, it might be a quick option for those on H1B whose spouse is on H4 visa. While the acceptance time is still current for the "other countries chargeability", it might also be wise to file the EAD under H4 on an approved I-140.

August 2016 Visa Bulletin - Bad News for All

Thursday, June 23, 2016

What happens to the H4 visa and the H4 EAD when the H1B is terminated?

In our previous video (see video below), we discussed about issues relating to H1B and layoffs. While the H1B layoffs is painful, the H4 visa holder also feels the pain when the H1B is terminated. As such someone who has had his H1B terminated and is not able to transfer H1B and the H4 on time, will see their spouses H4 visa and H4 EAD terminated by operation of law. This in turn means that the H4 EAD holder has to stop working because the H4 EAD will be invalidated. In order to fix the H4 and H4 EAD, you need to first fix the H1B situation. Once you fix the H1B visa through either transfer of status or new employment with consular processing, you also need to do the same for the H4 Visa holder. This means that you either need to file H4 visa extension (if H1B is transferable) or travel outside to have the H4 visa reinstated at the port of entry. Please do not forget that the H4 is attached to the H1B and ultimately the EAD attached to the H4 is affected by termination of the H1B. If you need help, feel free to call (510) 742 5887.

Monday, June 6, 2016

Is 24 month STEM OPT worth it?

The new 24 month STEM OPT is presenting some really difficult challenges which is making many question whether they should actually apply for it.  Here are few things you might want to consider  prior to applying for the 24 STEM OPT:

1. Are you actually going to work in your field?
If you are not going to actually work in the field of your STEM degree, you should not even apply for the 24 Months OPT because it will be denied.  Also misrepresenting on your I-983 application form or when you apply for your EAD, might have very bad consequences on your career and your ability to get future immigration benefits.

2. Does the employer have the ability to monitor the student as required by the form I-983?
The form I-983 is very precise on the requirements on monitoring and other necessary compliance requirements.  The employer, the student and the designated school official (DSO) are all supposed to check on one another.  In case one of them miss any of the steps or misrepresent, all the entities might be liable.

3. Are you going to work for a consulting company?
As you know the way the new STEM OPT extension is crafted, working with a consulting company can actually present some challenges.  This article best describes how to deal with such challenges. The only question is whether the consulting company is willing to participate? If they do, then the student should make sure they are fully compliant with the other requirements. For those who don't get a participating employer, then we recommend to quickly find another employer.

What are the options if you cannot get STEM OPT?
  • Many have asked whether it is better to move back to CPT instead of taking the risk on OPT. Unfortunately the CPT is not a work permit per se, abusing the CPT can have dire consequences in your OPT or even your H1B visa. However, it seems that for many the CPT might actually be a better option. We recommend you call your lawyer before you make the choice.
  • If you have the ability to move to H4 EAD, we recommend that you take this choice. Many feel that since they have paid so much for an education, they do not want to lose the STEM OPT but the risk of violating the rules under STEM OPT might be worse than the money lost.  Also you might be eligible to claim this OPT based on another degree.  
The points mentioned above are just few of the issues we are seeing with the new OPT STEM extension.  We recommend talking to a good lawyer to help before you make any choice(s). You can reach the Shah Peerally Law Group at 510 7425887 or email info@peerallylaw.com for more information.



  

Thursday, June 2, 2016

Lawsuit on H1B lottery

The American Immigration Lawyers Association (AILA) and some other organizations on failure to respond to Freedom of Information Act (FOIA) on transparency of the H1B lottery.

"The lawsuit challenges USCIS’s failure to properly respond to the Council’s FOIA request by withholding responsive records and failing to identify and conduct an adequate search for records that describe how USCIS tracks and counts unused H-1Bs for each fiscal year and takes into account such unused numbers. Because demand far exceeds the limited pool of H-1B visa numbers available in a fiscal year, the American public—and in particular, U.S. employers, foreign nationals seeking H-1Bs and immigration lawyers—have an interest in a system that fairly selects the petitions submitted and completely allocates the H-1B numbers."

Let us see how the USCIS deals with this one!

Immigration Law Show June 2 2016 - E3 Visas, EB2 AOS, H1B visas, H4 EAD Business

Sunday, May 29, 2016

Moving from H1B to H4 and H4 EAD

We often get the question how someone should file their H4 change of status and H4 EAD? Should they file concurrently? Can they continue working while the H4 is pending? When do they get their EADs? This question was asked during one of our radio shows. Here is the answer. For more information on H4 visas and H4 EAD visit http://www.h4toead.com Information provided is purely educational. You should not act or refrain to act solely on the information provided. Feel free to call us at (510) 742 58887 for a consultation.

Indian and Chinese Visa Bulletin - Hear their stories!

Friday, April 22, 2016

Can someone get H4 EAD on their spouse's revoked I-140?

This is a pertinent question which many have been asking. In case their H1B visa spouses I-140 is revoked can they still file for their H4 EAD? It all depends on the situation. If your spouse has not reached 6 years extension and the employer revokes the I-140 before your H4 EAD is approved, the H4 visa holder will not get an H4 EAD. However, if the H1 visa spouse has had an extension beyond 6 years, then the spouse might still qualify under  AC 21 sections 106(a) or (b) of AC21.

The success in such cases is actually to prove how your spouse actually obtained their extension and explain to the officer how the H4 visa holder will actually qualify for the EAD.  At this point, it is recommended to have a lawyer file the case and analyze it under AC 21. Note that your spouse H1B transfer or extension might also not have been filed properly and as such filing the H4 EAD can put both of you in jeopardy.

Feel free to call us at 510 742 5887, should you need help.


Friday, April 15, 2016

Period of Stay By Attorney General | Unlawful Presence

Another H4 COS and H4 EAD approved within 75 days.

Congratulations to our team for another approval of H4 Change of Status and H4 EAD approval in less than 90 days.

Here is what the client said about us:

I contacted Shah Peerally Law firm for my H4 EAD. Mr. Shah was very approachable and friendly. All my queries were answered immediately. No hassles, i now have my visa approved in 2 months. All his staff members were very polite and did a great job. I highly recommend Shah and his group. Best Attorney in the Bay.

Note that testimonials and reviews on this website does not guarantee success. Success in one case does not mean success in other cases.

Thursday, April 7, 2016

The Shah Peerally Law Group Coming to the Defense of Students of the University of Northern New Jersey (UNNJ)!

On April 5th 2016, Department of Homeland Security (DHS) closed down a school known as the University of Northern New Jersey (UNNJ). UNNJ was set up by the government as a sting operation to “trap” both brokers and foreign students on possible visa fraud. The operation had twenty-one brokers charged with several counts of visa fraud, harboring aliens among other charges. Today not only the brokers are affected but thousands of students who attended the school. While the sting operation, uprooted many alleged criminals, it left thousands of foreign students mainly from India and China in either a limbo or in fear of prosecution.

Since April 6th 2016, the Shah Peerally Law Group PC (SPLG) has been receiving calls across all the United States and even from abroad regarding this situation. Many of the calls were from students who were actually in UNNJ as it was shut down but also from some who had actually transferred out of UNNJ prior to April 5th 2016. As a result the law firm has set up a special update page (UNNJ Updates) on its website to update those affected. SPLG has also set consultations to guide or help those affected. In 2011, a quite similar situation happened in California with the Tri Valley University students (TVU), the law firm was at the forefront of the fight to protect the students. While TVU was not exactly similar UNNJ, it did bear some similarities. As such, the law is quite experienced on the course of action to be taken. SPLG has tried to identify and somehow categorized the individuals who are being affected. The law firm has primarily been able to classify the individuals in the following categories:

  • Category I - Active participants in the fraud scheme and hence were arrested under criminal charges.
  • Category II - Those who were solicited by brokers and placed in Immigration Customs Enforcement (ICE) custody and ultimately in removal proceedings. 
  • Category III - Those who found the school on their own and spoke directly to the school. Many of them have just have had their SEVIS terminated and asked to leave. However some are being arrested and placed in removal proceedings.
  • Category IV - Those who moved to other schools and are mostly having their current SEVIS record and student visa status terminated. Some of them are also being placed in removal proceedings after being questioned. 
  • Category V - Those who changed to other visas such as H1B visas or H4 visas have been heavily questioned by the ICE officers. But we do not have any report of arrest or removal proceedings issue at this point. 
  • Category VI – All others. 


So far the above are just few categories identified by SPLG as per the information obtained through investigations. However, they are not exactly defined at this point except it gives an idea where the investigation is going. Cases are individually being assessed and reliefs are being recommended as per specific case. Note that relief(s) in one case do(es) not mean that the same relief(s) are available to others. Therefore an individual consultation might actually be very helpful. The law firm is actively looking into all the possibilities of relief(s) including reinstatement, U visas, possible asylums and other options to help in the defense.

For those who are affected, it is recommended to contact a lawyer to individually assess their cases and find a possible relief(s). Stakeholders are reminded to know their rights as immigrants. The right to remain silent and the right to counsel will attach if present in the United States. It is highly recommended not to speak to any authorities without the presence of an attorney. Anything that an individual says or discloses might be used against him/her. Therefore silence and requesting an attorney's presence might make a big difference.

Stakeholders should actually update themselves of what is happening in order to assess what are the options available to them. SPLG re-iterate its commitment of dedication and compassion to the immigrant communities and urge the authorities to be fair to all the students.The law firm hopes that a fair resolution will be adopted and that authorities will not imperil innocents who were just victims of circumstances.

For more information please call us at 510-742 5887

Thursday, March 24, 2016

Alert from USCIS for H4: USCIS Issues Reminder to H-4 Applicants Traveling Abroad

USCIS would like to remind individuals applying for a change of status to H-4 that if you travel abroad before they approve your Form I-539, Change of Status (COS) application, USCIS will consider your application to be abandoned. This means they will deny your COS application.

If you filed your Form I-765, Application for Employment Authorization, and travel abroad before your COS is approved, it will be considered abandoned, along with your I-539 application.

This will result in a denial of your Form I-765 even if you are re-admitted as an H-4 nonimmigrant. If re-admitted as an H-4 nonimmigrant, you would need to file a new Form I-765, with fee, in order to apply for employment authorization.

For those who want to file for their H4 or H4 EAD, please call us at 510 742 5887


Thursday, March 17, 2016

240 Days Rule on Pending Extensions and employment authorization extensions.

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires? 


Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending. Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.

Although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You may be required to stop working immediately when the first of the following events occurs:

 • 240 days elapses from the date your I-94 expires; or
 • USCIS has made a final decision denying your extension application.

 If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status during the pendency of your application will then be considered to have been lawful. If your application is denied, you may be required to cease employment and depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

Note that the rule applies for extensions of visas such as H1B, L1, O, but not H4 EAD. For the H4 EAD extensions, please file 120 days before expiry and if expired you are technically not allowed to work until the next EAD is approved.


Thursday, March 10, 2016

How to Change Status from B1/B2 to F1 Visa.

Changing status from a visitor visa is possible although sometimes it is better to do a consular processing of the case rather than moving to a student visa or an H4 visa. This video covers the issues related to the change of status to F1 student visa.

Saturday, March 5, 2016

Is it safe to move from H4 to F1?

While there are good news for those who are on H4 and their spouses are on their 6th year extension or have an approved I-140, many others on H4 are still struggling without a work permit (an EAD). As such many have actually opted to go to school where they can ultimately enjoy an OPT (Optical Practical Training) or a CPT (Curricular Practical Training).  The question is whether it is safe to move to F1 student visa from an H4 visa on a change of status or consular processing.  This question can be answered through a case by case analysis. However, few hints and flags can make you determine whether it is good to move to F1:

  • The school reputation - It is very important nowadays to make sure that the school is not blacklisted.
  • Your Goals - Are you planning to take CPT at the outset? This is not a recommended idea. Avoid abusing the CPT.
  • Time to change status - It is taking around 4 months to 5 months for the change of status. Make sure after change of status, if you have already started your school, you will be eligible for the OPT.
  • Ability to get an H4 EAD- If your spouse is close to his approval of I-140 or under AC 21 sixth year extension, we recommend that you do not go for the F1 status.
  • Planning to travel - If you plan to travel after changing status from H4 visa, you will need to get an F1 student visa stamp at the US consulate before coming back. Otherwise, coming back on H4, will require that you file another change of status to F1 visa.
Based on the few points above, it is important that before you move to F1 student visa, you speak to a good lawyer for a consultation. Our law firm has handled many of such cases including H4 to F1 change of status cases, H4 EAD cases, and F1 to H4 change of status cases, feel free to reach out to us at 510 742 5887 for help.

Filing for your H4 Change of Status and H4 EAD.

Friday, February 26, 2016

H1b Stamping at the US Consulate.- Documents Required & Tips

What happens to the H4 EAD when H1B visa is transferred?

Now that you have your H4 EAD, what happens when your spouse transfer their H1B visa. If you want to keep your EAD, you should make sure that the H4 is transferred concurrently.  If this is done properly, then your H4 EAD will follow the H4 visa. In case, the lawyer or the company omits the transfer of the H4, then if you are seeking to move the H4 at a later stage, there is a chance that you might have to file for a new H4 EAD.

What happens if the employer cancels the spouse's I-140 after the transfer.

If the H4 is transferred 'properly' before the I-140 is cancelled, you should be able to keep your H4 EAD until the end date on the card. However, if the I-140 is cancelled prior to the transfer of the H4 status to the new H1 or it is cancelled during the transfer, there is a chance that your EAD will be revoked.

Do not take chance on your H4 EAD.

We recommend you talk to an experience H4 visa lawyer or EAD lawyer before you transfer your H1B or H4.  Shah Peerally has fought for years for the rights of the H4 and ultimately the H4 EAD. He is a very experienced immigration lawyer, please call him at (510) 742 5887 for a full consultation.

Tuesday, February 23, 2016

How can an H4 visa holder use a 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 evaluation.

Those who are under an H4 visa holder are not authorized to be employed in the United States unless they can benefit from the new H4EAD laws. For those who cannot get an EAD, they are pretty much stuck with no ability to even be eligible to get a Social Security Number, in spite of paying taxes. However, you can have your own bank account, get a driving license or even do a course. The person is also eligible for an ITIN (Tax ID for IRS Tax purposes)


This has led to the growth of a huge number of people residing in the US but very dissatisfied with their lives. More often than not this leads to more than mere dissatisfaction and spouses are actually taken advantage of once it becomes clear that they are dependent financially on their other half. The fact that they cannot earn for themselves is depressing and leads to lack of self confidence which has its own repercussions. The situation also lead to bad treatment and subjugation of spouses, many of whom have even faced physical violence in such circumstances!

Many a times these souses are as talented as their husbands/wives if not more and yet they are restricted by the rules governing the H4 visa which does not allow them to work. And though there has been plenty of outrage against this strange law, nothing seems to be changing very soon.

The U visa and why is it important

The U visa gives a temporary legal status to people who have been victims of a certain category of crimes during their stay in the US. Recognizing the fact that such victims are often in a desperate situation and need to be financially independent, the State allows them work eligibility in the United States for a term of 4 years.

It may be noted however that the U visa being a nonimmigrant visa has certain restrictions. Moreover, there are only 10,000 U visas that are issued every fiscal year. The family members of the victim may be included in the petition. The list of the family can include, parents (both step parents and adoptive ones), the spouse, children, unmarried sisters and brothers under 18 years of age. In order to be eligible for a U visa, a person must pass through some criteria before the application can actually be submitted. In order to submit the petition for such a visa, the person should have suffered substantial physical or mental abuse due to a criminal activity in certain pre-specified categories. These categories are- sexual assault, domestic violence, rape, trafficking, kidnapping, torture, female genital mutilation, prostitution, incest, abusive sexual contact, sexual exploitation, hostage situations, peonage, extortion, slave trade, false imprisonment, involuntary servitude, perjury or attempt, conspiracy, abduction, blackmail, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, unlawful criminal restraint, or solicitation to commit any of the mentioned crimes.

Once your U visa petition is approved, it automatically grants the applicant work eligibility in the US. Henceforth an Employment Authorization Document is included with all approved petitions, which may be shown to any employer to obtain a Social Security Number in order to be able to start work legally.
A petition for a U Visa must include information on how the victim can assist government officials in tackling crime as well as helping the authorities in matters related to investigation and/or prosecution of the individual(s) who might have committed the crime, against them.

While the U visa is a powerful tool for those on H4 visas holders who are victims of domestic violence, we should not ignore the other use of the U visa. For example, one can be victim of assault or some other crimes and ultimately qualify for a U visa. If you think you are victim of a crime, make sure you report it to the authorities and call a good immigration lawyer to help, it might actually be a ticket to your permanent residence.

Visa Denials because of DUI or DWI

How to file green card in under EB1A - You don't need a Phd to file!

Friday, February 19, 2016

Another H4 EAD approved within few weeks

Congratulations Shah Peerally Law Group team for another H4 EAD application approved within few weeks after filing with no RFEs.  As you know the H4 Change of Status and H4 EAD which were supposed to be easy applications, have now turned into nightmares for many because of the previous status. Those who are H1B visas, F1 visas or other types of visas and trying to change status to H4 visas and Employment Authorization Document (EAD) are being faced with a number of hurdles including proving that they have maintained status. Nonetheless the law firm experience in filing such cases have proven to be the most efficient with so far a 99% success rate. Note that although they are successful in some cases, this does not guarantee success in other cases.

The Shah Peerally Law Group PC which has been instrumental in the passing of the H4 EAD rule has also already helped hundreds with their H4 EAD applications. Feel free to call them at (510) 742 5887, if you need help.

Sunday, February 14, 2016

Can someone file multiple H1Bs on the H1B cap?

This question is a very often asked by many who are planning to file for the new H1B cap.  The simple answer is yes, but NOT with the same company.  This means you can file an H1B with company A then company B, and C, etc. But not all H1Bs with company A.

The new H1B cap 2016-2017 is approaching and many know that we will be faced with the a 'lottery'.  As such to maximize chances, many are planning to file multiple H1Bs with different companies. While the USCIS has clearly stated that it will allow such filings with different companies, applicants should make sure that they will not be penalized for doing so.  Such penalties come when different companies are giving different information about the candidates. For example, you cannot have 10 years of experience on one application and 7 years on another. Also you need to stay consistent on the content.  We have actually seen cases where even approved H1Bs are revoked for fraud and misrepresentation. So be careful!

We recommend that candidates talk to an independent lawyer before filing their applications. We will be glad to schedule a consultation on the matter (510) 742 5887 or email us at info@peerallylaw.com.

 

Monday, February 8, 2016

EB3 for all other countries chargeability are current to file on March 2016 Visa Bulletin.

Well, this is astonishing!  While India has been waiting extensively, EB3 for all other countries application (acceptance dates) has actually become current. This is an amazing development which shall allow many people including cooks, and other workers to file under EB3. This is an extract of the March 2016 visa bulletin

See the new chart.

A.  APPLICATION FINAL ACTION DATES FOR
     EMPLOYMENT-BASED PREFERENCE CASES
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the cut-off date listed below.)
Employment- Based All Chargeability Areas Except Those Listed CHINA - mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG12 15OCT08 C C
3rd 01JAN16 01JUN13 15JUL04 01JAN16 15MAR08
Other Workers 01JAN16 01FEB07 15JUL04 01JAN16 15MAR08
4th C C C C C
Certain Religious Workers C C C C C
5th
Non-Regional
Center
(C5 and T5)
C 22JAN14 C C C
5th
Regional
Center
(I5 and R5)
C 22JAN14 C C C
*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B.  DATES FOR FILING OF EMPLOYMENT-BASED
     VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.

Employment-
Based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01JUN13 01JUL09 C C
3rd C 01MAY15 01JUL05 C 01JAN10
Other Workers C 01AUG07 01JUL05 C 01JAN10
4th C C C C C
Certain Religious
Workers
C C C C C
5th Non-Regional
Center (C5 and T5)
C 01MAY15 C C C
5th Regional Center
(I5 and R5)
C 01MAY15 C C C
6.  The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

H1b - Employers And Employee Common Mistakes

Wednesday, February 3, 2016

H4 COS and EAD obtained within 6 weeks.

Congratulations to our team. Our law firm filed a case for H4 EAD with change of status from F1 to H4 visa.  Usually right now such cases are taking around 4 months to clear. But luckily and special thanks to our team, we obtained an approval within 6 weeks.  Congratulations again to the Shah Peerally Law team.

Monday, February 1, 2016

5 Reasons you should consider an H1B even if you have an H4 EAD.

The H4 EAD has been a blessing to thousands, however there are few reasons why you would also seek to make through the H1b quota of 2016 and 2017. These are the reasons:

1. Some companies are confused how the H4 EAD work and feel more comfortable to work with H1Bs.
2. The H4 EAD is dependent on the H1B main applicant and in case the H1B is cancelled both the H4 and EAD are also cancelled.
3. The H4 EAD was obtained through the Obama executive actions, in case the government changes, it might no longer be available in 2017
4. Once you get on the H1B, you made it through the cap and if at a later stage, you need to move on H1B visa, you can rightfully do so.
5. H1B allows you some benefits such as prevailing wage salaries and other advantages which you might not have under the H4 EAD.



While we encourage people to keep their H4 EAD, we also recommend to have a backup plan in situations where the H4 EAD is in peril. If you need help for your new H1B filing, your H4 visa or your H4 EAD, feel free to contact us at 510 7425887.

Friday, January 29, 2016

Shah Peerally Law Show January 28 2016

The Shah Peerally Law Show on January 28 covered important topics such as H4 visa extension, H1B transfer, OPT, H4 EAD, work permit.


Listen and share

Tuesday, January 26, 2016

F1 STEM OPT temporarily extended to May 2016

As you all know the F1 OPT STEM extension was due to be voided on February 2016. Upon a request by the government through the court, it seems that the judge has allowed a temporary extension on the STEM OPT 17 months extension up to May 10 2016. As such all those who are already on OPT extension will be able to continue using the OPT up to May 2016. While we welcome this new development, this is just a "band-aid" or temporary fix. We hope that the proposed rule on 24 months extension will soon become law and prevent the mental torture of international students.

If you need help on F1 visa issues, H4, or H4 EAD and even H1B, please call us 510 7425887.

Thursday, January 21, 2016

Shah Peerally Law Show January 22 2016

Shah Peerally Law Show covering some major topics on USCIS I-140 EAD, H4 EAD, F1 OPT, security checks and other issues. Listen to the recorded live show from KLOK 1170AM.