H1B

Read the latest articles about h1b at Shah Peerally Law Group.

Advance Copy of USCIS Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Final Rule

BREAKING News: Advance Copy of USCIS Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Final Rule This document is scheduled to be published in the Federal Register on 11/18/2016- "The Department of Homeland Security (DHS) is amending its regulations related to certain employment-based immigrant and nonimmigrant visa programs. Specifically, the final rule provides various benefits to participants in those programs, including the following: improved processes and increased certainty for U.S. employers seeking to sponsor and retain immigrant and nonimmigrant workers; greater stability and job flexibility for…Read More Breaking News

What Happens to H1B and Employment Based Greencard now?

Neither the H1B visa nor the employment based greencards have actually been targeted by President-Elect Donald Trump. However, he mentioned several times in his gatherings and the debates that the "H1B visa system is being abused". By popular demand we have tried to actually analyze the H1B visa and the employment based permanent residence under the Trump administration. Hope it helps.Read More Breaking News

The Future of Immigrants and Non Immigrants Under Trump

The Shah Peerally Law Show covered issues related to immigration especially on the future of immigration law once Trump is president. This is what was reported by NPR on Trump as a President"...on the first day, I will take the following five actions to restore security and the constitutional rule of law: * FIRST, cancel every unconstitutional executive action, memorandum and order issued by President Obama * SECOND, begin the process of selecting a replacement for Justice Scalia from one of the 20 judges on my list, who will uphold and defend the…Read More Breaking News

Possible Options for H4 Children Dependents Turning 21.

  • Posted on October 19, 2016
  • /Under H1B
Immigration For those from India and China on EB2 and EB3 visas, the waiting time is far too long (see petition for reduction Of EB2 and EB3 time). This causes much concern for those who have children that are about to turn 21. H4 visas are attached to spouses and children that are dependents or are immediate family of H1 B visa holders. The H4 Visa has no limitations for spouses as long as the H1B is valid. Children who turn 21 unfortunately lose the H4 Visa, thus causing great problems for families…Read More Breaking News

Successful Outcome in a DOL case

October 10 2016 - One year ago, a client called us for consultation in a "panic mode" because his employer was refusing to pay him on his contract as an H1B employee. We recommended his case to the Department of Labor. The latter ruled in his favor. He was able to recover his full six months salary with penalties but also he was able to transfer his H1B based on the situation without a pay check stub. Now we are looking into a U visa for him. We wish him all the best!Read More Breaking News

Only around 66,000 out of the 179,000 expected H4 EAD applied

According to an article on Bloomberg BNA by Laura.D Francis, only 37% of those eligible to file for an H4 EAD, did file. "The DHS estimated that as many as 179,600 H-4 spouses would be eligible to apply for work permits during the first year. To date, however, only 66,571 applications have been filed and 58,232 approved, according to figures provided to Bloomberg BNA Sept. 30 by U.S. Citizenship and Immigration Services, the DHS agency that handles the applications. That’s about 37 percent of the eligible population." Unfortunately, this is not surprising based…Read More Breaking News

State Department Guidance Directive on Prudential NIV Visa Revocations (Sept. 2, 2016)

The Department would like to bring to your attention a policy implemented on  November 5, 2015, which requires consular officers to prudentially revoke (i.e., without  making a determination that the individual is inadmissible) nonimmigrant visas of individuals arrested for, or convicted of, driving under the influence or driving while intoxicated, or similar arrests/convictions, that occurred within the previous five years, as detailed in 9 FAM 403.11-3(A). This requirement does not apply when the arrest/conviction occurred prior to the date of the visa application and has already been assessed within the context of a…Read More Breaking News

Shah Peerally Law Show June 30th 2016

This law shows covers H4 visa and H4 EADs most frequently asked questions including changing jobs while and spouse on H4 EAD, revocation of I-140 impact on H4 and H4 EAD.  Attorney Shah Peerally also covers issues relating to students new rules on I-983.  Listen to the recorded podcast on ITunes, Google play and Podomatics.Read More Breaking News

H1B Layoffs and Job Loss

June 20 2016 - In America'Layoffs' are part and parcel of the workforce industry. However, when an H1B visa holder is terminated, things are not so easy for them. The biggest issue is that H1B visas do not offer a "grace period" so that the employee has a chance to find another position to actually 'transfer' the employment. However, it is not all lost because the H1B employee has other options namely the new employment with a cap exempt situation. The video attached covers the issues related to H1B visa holders in situations…Read More Breaking News

AILA calling on sample of H1B amendment cases denied Based on Simeio decision.

"AILA's Annual Conference panel discussing Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), is seeking examples of RFEs or denials received concerning issues presented by the decision, such as questioning a work site change in terms of the worker's maintenance of status, resulting from either the filing of an amended H-1B petition (I-129) or the filing of an application to adjust status to lawful permanent resident (I-485). Please send examples to Leslie Dellon at [email protected], subject line "Matter of Simeio Solutions RFE/Denial."Read More Breaking News

Sample Questions and Tips for H1B Visa Stamping at the US Consulate.

After your H1B visa is approved by the Department of Homeland Security (DHS) and if you are abroad, you will need a stamping of visa on your passport at the US Consulate (Department of State). You might also need a stamping for other reasons. This podcast covers the possible questions as it relates to the H1B visa interview at the US embassy. Note that these are just samples and questions can actually vary based on the case. We recommend preparing yourself well for the interviews.Read More Breaking News

New USCIS Proposed Rule to increase fees on H1B and other visas by around 21%

  • Posted on May 15, 2016
  • /Under H1B
The Department of Homeland Security (DHS) proposes to adjust certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). USCIS conducted a comprehensive fee review, after refining its cost accounting process, and determined that current fees do not recover the full costs of the services it provides. Adjustment to the fee schedule is necessary to fully recover costs for USCIS services and to maintain adequate service. DHS proposes to increase USCIS fees by a weighted average of 21 percent and add one new fee. In addition, DHS proposes…Read More Breaking News