Approval of Petitions and Applications after the Death of the Qualifying Relative under New Section 204(l) of the Immigration and Nationality Act

USCIS issued a policy memo implementing the decision in Williams v. DHS Secretary for all spousal immediate relative visa petitions under INA §204(l) after the death of a U.S. citizen petitioner. USCIS stated that it will follow the Williams decision for all cases, including those arising outside the jurisdiction of the Eleventh Circuit. This memo partially supersedes the December 16, 2010, PM-602-0017, Approval of Petitions and Applications After the Death of the Qualifying Relative Under New Section 204(l) of the INA.Read More Breaking News

Happy Thanksgiving!

November 26 2015 - The Shah Peerally Law Group PC wishes all of you Happy Thanksgiving. Please do remember that thanksgiving is a special time where we do share. In a time of wars, difficulties and dangers, we ask all of you to share and remember the refugees who are suffering around the world.Read More Breaking News

Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability Purpose

This policy memorandum (PM) provides additional guidance to Immigration Services Officers (ISOs) for determining, with respect to the job portability provisions in section 204(j) of the Immigration and Nationality Act (INA), whether one job is in “the same or a similar occupational classification” as another job. Specifically, this memorandum instructs ISOs on how they may use the U.S. Department of Labor’s (DOL’s) Standard Occupational Classification (SOC) codes and other evidence to determine if a new job is in the same or a similar occupational classification as the original job offer in an Immigrant…Read More Breaking News

Punishing the persecuted Syrian Refugees for the action of the Persecutors!

November 19 2015 - In fear of the Paris attack, Xenophobia has taken over the House of Representatives which are equating the innocent Syrian Refugees with that of their persecutors. The fear is not new. As said Rep. Jerrold Nadler, D-N.Y., said "We face a choice that will echo through history," He reminded lawmakers that the U.S. turned away Jewish refugees fleeing Nazi Germany in 1939. "We must not let ourselves be guided by irrational fear." It seems that the Muslims are now the Jews of 1939. This is a sad day for…Read More Breaking News

Alert to U visa Applicants – Visa Cap Reached and VSC will no longer process I-918

November 16, 2015 - The VAWA, U, and T Unit at the VSC has notified AILA that it is not currently processing I-918 petitions for U nonimmigrant status, because all of VSC's resources are focused on updating the U visa cap numbers. As such, please note that members should not submit individual case liaison inquiries for I-918 cases at this time. AILA will update members as soon as the VSC resumes the processing of I-918 petitions.Read More Breaking News

Some States like Michigan, Alabama and Texas are refusing to take Refugees from Syria.

November 16 2015 - After the tragedy of November 13, 2015 in Paris, many states have stated they will not actually accept any refugees from Syria in their States. As expected and as stated in our article, Paris Attacks and The Immigration Impact – Immigrants Know Your Rights!", those States are well-known to be anti-immigrantion and any opportunity to fuel the "immigrantphobia" are always welcome. The question is how legal is this? Immigration is under federal laws, and as such once the Department of Homeland Security (DHS) makes a rule, the states have…Read More Breaking News

December 2015 Visa Bulletin is out and no great movement for India

November 9 2015 - The December 2015 Visa Bulletin is out, while there is a slight movement for India EB2 on the processing time on the chart to June 2007, the acceptance date for India has remained on July 1 2009. This is quite frustrating when the hope was that the government will actually move the date above the July 2009 threshold.  We hope things will change soon. For those who want to know how the new visa bulletin works, we recommend checking this Youtube video.  We also recommend that you all continue…Read More Breaking News

Nepal Relief for F1 Students

This document is scheduled to be published in the Federal Register on 11/09/2015 - Employment Authorization for Nepali F-1 Students Experiencing Severe Economic Hardship as a Direct Result of the April 25, 2015 Earthquake in the Federal Democratic Republic of Nepal "This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is the Federal Democratic Republic of Nepal (hereinafter “Nepal”) and who are experiencing severe economic hardship as a direct result of the earthquake in the Federal Democratic Republic of Nepal on…Read More Breaking News

H1B Transfer after six years.

November 7 2015 - In order to transfer the H1B once someone past 6 years of extension usually require one to qualify under AC 21 rules or an approved I-140 petition. This video is a guide on the necessary elements to transfer the H1B once someone passes its 6 years on H1B.Read More Breaking News

Porting I-140 priority date.

November 6 2015 - The priority date has become a big issue of confusion especially after the recently Board of Immigration Appeals (BIA) non-precedential decision – In re: Grace Estrellado – the result appears contrary to the U.S. Citizenship and Immigration Services’ (USCIS) policy regarding priority date retention. Watch this video on the issue.Read More Breaking News

The New Visa Bulletin Explained

November 5 2015 - The new Visa Bulletin instead of actually be a savior to many has become a source of uncertainty but also seems to be very confusion for many. We hope this video can help to clarify some of the myths and misconceptions.Read More Breaking News