Why Should I file an AC21 letter to transfer GC application?

The AC 21 Act - American 21st Century Act of portability situation does not require someone to  file any AC21 letter if he/she is porting the permanent residence pending adjustment of status from one company to another.  However our law firm highly recommend beneficiaries to do so. In fact, there are only two main elements which need to be met to be qualified under AC 21: 180 days have passed after the adjustment of status was filed; and Applicant move to a 'same or similar' position. Neither an approved Form I-140 nor a letter is…Read More Breaking News

Influx of RFEs and USCIS reopening approved cases

If you want real legal services by real lawyers call us today on 510 742 5887 or email [email protected] Information provided is for educational purposes only. You should not or refrain to act solely on the information provided. You should contact an attorney before you decide to move forward on your case. » RECENT ARTICLES » IN THE NEWS » PRO BONO, ADVOCACY & COMMUNITY OUTREACH » MEMOS AND GOVERNMENT GUIDES » SHAH PEERALLY LAW SHOW ARCHIVES » VISA BULLETINRead More Breaking News

Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)

Introduction Section 106(c) of AC21, commonly known as the job flexibility provision, was enacted as Immigration and Nationality Act (INA) section 204(j). This portion of the INA is provided below for convenience: A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification…Read More Breaking News

I do not speak English and Want to take the Naturalization Test!

You might be able to get an exemption on the English test for Citizenship (Naturalization) test.  The naturalization english test waiver still requires that you know the civics.  You can use an interpreter to help during the english test waiver interview. Exemptions to the English Test Requirement You may be eligible for a waiver of the English test if you meet certain requirements. There are two types of exemptions: your age and time as permanent resident, or medical reasons. Exemption 1: If you are over 50 years old and have lived in the…Read More Breaking News

AC21 question and whether it is better to stay on H1B or move on EAD?

Caller: I have been on H1b now for like last 5 years, I got my EAD recently but my priority date is October 2008 and I won’t get GC very soon, my questions is that if I switch my employer the one from which who has applied for my I-485, and start using my EAD, do I need to come back to my current employer again to get my GC? A: No, not if you do an AC21 move, AC21 is American 21st Century Act and allows you to port the GC. it’s…Read More Breaking News

Applying US child passport and no birth certificate for parents.

Caller: My husband went through the naturalization process recently and we are US citizens now, our son was born in India, so we wanted to apply for his N600, so what is the process for that? A: Where is your son? Caller: He is here he has a GC he is ten years old. So he is already a US citizen right now, you can just apply for his passport you don’t need the N-600. Do you need the certificate? Caller: So what is happening is so for the passport when we went…Read More Breaking News

Great Article on Sulekha regarding H4 Holders!

Mr. Vivek Wadhava’s Testimony for H4 Visa Holders at the White House By Navneeta Khemka It has been decades that women come as dependants to their H1B spouses to America and get caught up in a situation in which they see no escape. They are not allowed to work, and smart educated women, live in the four walls doing unproductive household chores. Read ArticleRead More Breaking News

Immigration Innovation Act of 2013

A summary of the bill is below. The full text of the legislation can be found HERE. Immigration Innovation (I2) Act of 2013 Employment-Based Nonimmigrant H-1B Visas Increase H-1B cap from 65,000 to 115,000 Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move) If the cap is hit in the first 45 days when petitions may be filed, an additional 20,000 H-1B visas will be made available immediately.…Read More Breaking News

4 Ways to deal with the waiting on your EB2 immigrant visa if you are from India

By: Shah Peerally Esq. Some time back, the State Department released an EB Demand Data report which shows a sudden unprecedented growth in EB2-India cases since the year 2007. This is about 33 times more, than normal, compared to the number of EB2-India cases that are pending in 2012 as compared to 2007. Comparatively, EB3-India has had a pretty modest growth. Close on its heels is the news bulletin from November 2012 which brings a fresh dose of disappointment for Indian nationals waiting on their EB2 immigrant visa, all over again. The EB2-India…Read More Breaking News

5 Reasons you should be prepare your H1B early this year

In recent times there has been a lot of talk about the H-1B visa cap being raised to 115,000, a significant more from the current 85,000. But before this can be made into a reality, you should prepare your H1B early this year so that you will have your application ready by the time the USCIS takes in applications. The present number of H1B Visas include, this number also includes skilled foreign workers and those with advanced degrees from US institutions. In order, that you are not lost in the long list of…Read More Breaking News

How much time period you should have be on your H1 to start your GC process?

A: You don’t have to have any time, you can go ahead and file even before you get into H1B. It’s a very very good question, there is no requirement to be on H1 actually to even file for the GC, so there is no minimum time you have to wait. However many companies will want you to wait because they want to make sure that you are a serious candidate. But you can actually be working for Company A and not even be working with company B and file for your GC.…Read More Breaking News

Moving during H1B extension based on approved Form I-140

Caller: I have completed my 6 year on H1b, im still on H1, my employer has filed my I-140 for my GC, my I-140 is approved, can I change my employer now? A: Ok, your I-140 is approved; did your extension get approved? Caller: My extension not been approved yet A: Ok you can change employer, let me tell you how it works, you don’t have the AOS (Adjustment of Status) filed right? The I-485 has not been filed right? Caller: No, I-485 has not been filed A: I will recommend to at…Read More Breaking News

Seven things you should know about the H1B visa

By: Shah Peerally Esq. The H1B visa is always a widely discussed issue amongst those who want to enter the US for work. Today we discuss here some important aspects of the H1B Visa that will make it easier for the readers to understand it. 1. The H1B visa is a non-immigrant visa which allows US companies to employ skilled workers in specialty occupations, from outside the country. Some specific areas of work for HIB Visa are- IT industry, engineering, medicine, science, architecture, etc. Individuals cannot apply for an H1B visa, only the…Read More Breaking News

EB2 retrogression 2013 predictions and family petition

By: Shah Peerally Esq. EB2 retrogression 2013 predictions - should someone opt for family petition? Caller: I’m on H1b, and my mom got a GC 7 years back and she stayed at my place and my sisters place most of the time and went back to india for like 3-6 months, so out of 7 years she stayed like around 5 years in US, the question I have, probably I’m applying for her citizenship, but two years back I saw on all the family sponsored visas and I lost my hopes, im already…Read More Breaking News