Guidance on Claims on Late Filing for Child Status Protection Act (CSPA)

This memo is named "Guidance on Evaluating Claims of “Extraordinary Circumstances” for Late Filings When the Applicant Must Have Sought to Acquire Lawful Permanent Residence Within 1 Year of Visa Availability Pursuant to the Child Status Protection Act." An alien seeking classification as a child under sections 203(a)(2)(A) or 203(d) of the Immigration and Nationality Act (INA), or as a derivative beneficiary under INA 203(a) or 203(b), who is under 21 years of age as determined by the Child Status Protection Act (CSPA), must have sought to acquire lawful permanent residence within 1…Read More Breaking News

Re-Registration TPS for Somalia Deadline July 31 2015

July 30 2015 - Friday, July 31, 2015, is the deadline for current Somalia Temporary Protected Status (TPS) beneficiaries to re-register for the 18-month extension of TPS that runs from Sept. 18, 2015, through March 17, 2017. The law requires USCIS to withdraw TPS for failure to re-register without good cause. Therefore, if you fail to re-register by this deadline, you may lose your TPS and your work authorization. Read MoreRead More Breaking News

Opciones de Inmigración Basadas en Empleo para Personas y Compañías de América del Sur

En las noticias se habla mucho sobre la inmigración para los sudamericanos y los hispanos. La mayoría de estos reportes están relacionados a personas o familias indocumentadas. Sin embargo, muchas personas ignoran las opciones que pueden utilizar para poder convertirse en inmigrantes legales calificados. Estas opciones están disponibles para muchos hispanos y sudamericanos. De hecho, pueden ser muy específicas para los sudamericanos. Por esto, hemos tratado de compilar algunas de las opciones de inmigración basadas en el empleo más ventajosas para los latinos. Este artículo se concentrara en el tipo de visas de…Read More Breaking News

So far the H4 EAD program has been a success. What can we expect next?

July 28 2015 - The H4 Employment Authorization Document (EAD) offered by the USCIS seems to be a success story for many.  We are hoping based on the high rate of approvals we are seeing in similar cases, many will be encouraged to file to for their H4 EAD i.e. their work permits under H4.  Although so far our law has not seen any request for evidence issues in respect to such applications, it does not mean that we might not see such issues in the future. This article might be helpful in case…Read More Breaking News

New Version of I-601A Waiver is out. Old Version will be acceptable until September 24 2015!

July 27 2015 - The USCIS has released a new version of the 601A waiver. The old version of 2013 can only be used until September 24 2015. The 601A waiver allows certain immigrants to obtain forgiveness on their unlawful presence to be able to process their waivers while in the United States and ultimately leave to obtain their permanent residence. Formerly, the regular 601 waiver (which is still existent) requires that the applicant apply overseas.  Read more on the 601A waiver here.Read More Breaking News

How to check your case status and know about your case?

The immigration process is daunting and sometimes stressful. The waiting time on cases can really be unbearable and as such many applicants, beneficiaries or even petitioners are eager to know the status of their cases.  There are many tools available to inquire about your status or what is actually happening on the cases.  Below are few ideas how you should proceed. Check the Status Online The USCIS offers a very interesting tool when it comes to checking status on your case. In order to check the status on your need to enter the…Read More Breaking News

Shah Peerally Law Show July 23 2015 – H4 EAD, H1B, Citizenship and other Interesting Questions Answered!

July 23 2015 - The Shah Peerally Law Show brought to you by our law group has an amazing show today discussing about several interesting issues relating to H4 EAD namely traveling, concurrent filing, OPT to H4 EAD, US citizenship and naturalization question and criminal records and h1b amendment issues. If you missed the show check the link below for a recorded copy. Play Music - Upload Audio Files - Shah Peerally Law Show 07. 2...Read More Breaking News

When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

Below is a summary based on the July 21 2105 Memo (Matter of Simeio) on when and when not to file for an H1B amendment. Previously the memo issued was set to place a higher burden on the H1B employers. In fact unlike the previous memo where USCIS wanted the Matter of Simeio to apply retroactively, they now would now not penalize employers who did not prior to April 19 moved their employees to another location and did not file for an H1B amendment when it was allegedly required based on the Simeio case. As…Read More Breaking News

USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

June 21 2015 - A new memo has now been released as a guide to whom should file for an H1B amendment after Matter of Simeio Solutions, LLC. This memo is supposed to be less strict than the previous memo on the matter. We recommend that employers and employees affected by this memo to pay careful attention to the amendment rules. We will elaborate more on the memo in the next few days.Read More Breaking News

Case Approved after difficult request for evidence (RFE) based on experience and education combined!

July 21 2015 - We congratulate the team especially Medya Ansari for answering a difficult request for evidence (RFE) case. The case came to us after client received a huge RFE because his degree did not relate to his occupation and also because the USCIS claims it is not an specialty occupation for an H1B. The client however, has extensive experience in the field of an specialty occupation. The previous attorney who filed the H1B case, was actually not able to transfer the H1B due to the same reason and refiled the case.…Read More Breaking News

Employment Based Immigration Options for South American Individuals and Corporations.

There are a lot of talks in the news on immigration for South Americans and Hispanics. Most of these talks are related to undocumented individuals or family and related immigration.  However, many people ignore the options that are opened for qualified legal immigrants.  Such options  are also available to many of the hispanics and South Americans. In fact, they can be very specific to South Americans.  As such we have tried to compile some of the employment based immigration which can be advantageous to latinos. This article focuses on the kind of immigrant…Read More Breaking News

BALCA reverses DOL decision and approves labor Certification in Microsoft case.

July 17 2015 - In the Matter of Microsoft, BALCA Case No.: 2011-PER-02621, July 15, 2015 BALCA reversed the DOL decision stating that the Employer’s advertisements were not misleading, nor did they cause any confusion that could have prevented a potential U.S. applicant from applying for the job opportunity. The issue was the language of traveling and also a mistake in answering the audit. This decision is interesting because those are common errors when a labor certifications is filed. We agree completely with BALCA and also hope that the DOL commending stringent rules…Read More Breaking News

What happens if I don’t have a birth certificate?

The birth certificate or substitute is a requirement by the USCIS in processing cases such as adjustment of status, family petitions, immigrant employment petitions, and so on. However, in many countries birth certificates are unavailable and as such USCIS might either issue a request for evidence (RFE) or even deny the case if the information of the birth certificate is not proven.  These are few tips how to deal with such cases. If a birth certificate is not available? Obtain a certificate of non availability of birth certificate from the registrar entity and…Read More Breaking News