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 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.