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.