Eb1 for India and China retrogressed to January 2012

As you will notice the EB1 for India and China is being retrogressed by the State Department. However, it seems that on Chart B, the dates are still current. This means that provided the USCIS permits, people will still be able to file for their adjustment of status and get an EAD (Employment Authorization Document). A.  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…Read More Breaking News

USCIS Modifies Asylum Interview Scheduling

USCIS, Jan. 31, 2018 - "U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog. USCIS is responsible for overseeing the nation’s legal immigration system, which includes adjudicating asylum claims. The agency currently faces a crisis-level backlog of 311,000 pending asylum cases as of Jan. 21, 2018, making the asylum system increasingly vulnerable to fraud and abuse. This backlog has grown by more than 1750 percent over the last…Read More Breaking News

Self-Petition is Possible for Workers of Extraordinary Ability

EB1A is really a new term for something that has long been present in the United States. Unlike the typical immigrants, an EB1A is all about entering alone, a completely outside of the chain migration business – no family member or employer is involved; totally self-supporting, a self-sponsored green card category. The standard for EB1A is high and reserved for intending immigrants who are among the most capable and accomplished in their professional fields within the arts, sciences, education, business, and sports. It is their cutting-edge, groundbreaking, scholarly, and influential work that makes them the…Read More Breaking News

Guidance on Notice to, and Standing for, AC21 Beneficiaries about I-140 Approvals Being Revoked After Matter of V-S-G- Inc.

This is quite good news  regarding withdrawal and revocation of I-140. Based on the Matter of V-S-G Inc, USCIS will now inform both petitioners and beneficiaries on Notice of Intent to Revoke (NOIR) and Notice of Intent to Deny (NOID. However the beneficiaries will have to have duly filed an AC 21 supplement J. See complete memo below. Policy " On November 11, 2017, USCIS adopted as a matter of policy the AAO’s decision in Matter of V-S-G- Inc., which held that beneficiaries who have properly ported under AC21 are affected parties who…Read More Breaking News

USCIS Guidance on DACA Renewal Requests Affected by Mail Service Issues

U.S. Citizenship and Immigration Services (USCIS) has received reports that the U.S. Postal Service (USPS) has identified USPS mail service delays that affected a number of DACA renewal requests. Because the DACA policy has been rescinded and individuals can no longer request deferred action under DACA, and in light of the mail service delays identified by USPS, Acting Secretary of Homeland Security Elaine Duke has directed USCIS to accept DACA renewal requests from individuals who resubmit their DACA renewal request with individualized proof that the request was originally mailed in a timely manner…Read More Breaking News

USCIS Issues Policy Memo Designating Matter of G- Inc. as an Adopted Decision

USCIS issued a policy memorandum on November 8, 2017, designating the decision of the Administrative Appeals Office (AAO) in Matter_of_G-_Inc. as an adopted decision. Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a "function manager," the petitioner must demonstrate that: (1) the function is a clearly defined activity; (2) the function is "essential," i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational…Read More Breaking News

Law Show – October 12 2017

Shah Peerally Law Show - questions answered: immigration, H1B transfers, I-140 revocation, visa bulletin, November visa bulletin, renewal of gc, H1B extension, L1B, grace period, student visa, F1 visa and other immigration issues.Read More Breaking News

Immigration Law Show October 5 2017

Covering important topics such as AC21, 30/60 days rule, H1B premium, H1B transfer, I-140 petition, H1B news, L1A, L1B, family petitions, H4 to H1B, H4 EAD, 90 days rule, adjustment of status, AOS, change of status, COS, and visa bulletin predictions.Read More Breaking News

Change to INA 212(a)(6)(C)(i) and Introduction of 90 Day Rule

Following a Cable from DOS, there is a change in the 30/60 day rule to 90 days. It is important to note that this is a rebuttable presumption and should be addressed at the outset of the application. 1. SUMMARY: This cable advises posts on the application of INA section 212(a)(6)(C)(i) as it pertains to revised guidance at 9 FAM 302.9-4(B)(3)(g-h) regarding the 90 day rule, formerly known as the “30/60 day rule.” Interagency working groups agreed to a change in policy and expanded the 30/60 day timeframe to 90 days for aliens…Read More Breaking News

Premium Processing for All H1Bs is back

Finally after more than six months of wait, premium processing is finally back for all H1B cases. This allows us to process  cases of immediate transfer of H1Bs, extensions, and those who were out of status to actually file their H1Bs. If you need help for your premium processing, feel free to reach out to us at 510 742 5887. >>Read More    Read More Breaking News

Premium for all H1Bs should resume by October 3, 2017

According to AILA: During a call with AILA's USCIS Service Center Operations (SCOPS) Liaison Committee on September 27, 2017, USCIS Service Center Operations indicated that it is on track to resume premium processing for all H-1B petitions on or before October 3, 2017. AILA is currently awaiting official announcement and further details from USCIS on this issue.Read More Breaking News

USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree. H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology, academic research, and accounting. When a petitioner requests the agency’s premium processing service, USCIS guarantees…Read More Breaking News