Liquidated Damage Clauses – H1B Employee Contracts

Liquidated Damage Clauses – H1B Employee Contracts What is a Liquidated Damages Clause Many (if not most) contracts, including those between an employee and their employer, contain a liquidated damages clause. Such a clause stipulates what the penalty will be in the event that a party breaches the contract. Because, however, breach of contract is not a crime and in many instances is, in fact, encouraged, liquidated damages clauses may only compensate the non-breaching party, and may not impose penalties for the breach. Indeed, the Restatement (Second) of Contracts states: “Damages for breach…Read More Breaking News

Public Law 111-230 H-1B, L-1 Additional Fees Expire – Additional $2000 or $2,250 fees no longer applicable

October 7 2015 - H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1 petitions. The additional fee required by Public Law 111-230, as amended, expired on Sept. 30, 2015. All other H-1B and L-1 fees, including the Base fee, Fraud Prevention and Detection Fee, and American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) Fee when applicable, are still required. Petitions with incorrect…Read More Breaking News

Retaining Priority date on a revoked I-140 – Non Precedential BIA case of in Re Grace-Estrellado

In the matter of in Re Grace Estrellado, the BIA in a non-precedential decision decided to depart from the usual government regulation and state that if an I-140 is revoked, then the priority cannot be ported to another approved I-140. This decision although non-biding on other decisions has now created a huge confusion in the legal community and among many applicants. This decision actually departs from the The Foreign Affairs Manual (9 FAM 42.53 N3.5) guidance which states: “Unless revoked pursuant to 8 CFR 205.2 for fraud or misrepresentation, a priority date accorded…Read More Breaking News

Shah Peerally Immigration radio show – August 31 2015

September 1 2015 - The Shah Peerally Law Show of August 31 2015 recorded live from KlOK 1170 AM was very interesting because it covered topics such as H1B transfers, I-140 and transfer to another company, H4 visas, H4 EAD, Fiancee K1 visas, marriage petitions, adjustment of status and many other issues including choosing between H1B and H4 EAD. Listen to the recorded show and please share.Read More Breaking News

The Shah Peerally Law Show August 20 2015

August 20 2015 - The Immigration law show hosted by Shah Peerally covered topics such as adjustment of status, change of status, H1B issues, H1B transfer, I-140 revocation, I-140 EAD, EB1 types, and other very interesting immigration issues. Listen to the recorded live show here.Read More Breaking News

The Shah Peerally Law Show August 13 2015

August 13 2015 - The Shah Peerally Law Show today covered interesting topics such as the current visa bulletin and September 2015 visa bulletin and all its related issues including H1B extensions, I-140 AC 21 issues, EB1 issues and delays on EB categories. Please listen and share the recorded live show.Read More Breaking News

Few other H4 Change of Status and H4 EAD approved!

August 6 2015 - We are proud to announce that few other complicated H4 COS (Change of Status) and H4 EADs filed by our law firm have been approved today.  The law firm is very happy for those who obtained a work permit after so many years of suffering. We remain committed and dedicated to helping all the H4 visa holders,  those who need to change to H4 visa status and who are eligible to obtain a work authorization.  If you need help on any aspect of the H4 EAD including request for…Read More Breaking News

Shah Peerally Law Show August 6 2015 – H1B, H4 EAD, and Green Card.

August 6 2015 - Shah Peerally Immigration Law Show discussing H1B visa, H4 EAD, I-140 EAD, H4 visa, L1b visas, employment immigration, USCIS rules, adjustment of status, B1/B2 extension, B1 adjustment of status, family immigration, visitor visa, f1 visa, student visa and other immigration issues. Hosted by Shah Peerally Music podcasts - Audio Hosting - Immigration Law - Shah Peera...Read More Breaking News

DOL issues new FAQs on H1B, and E3 Programs

July 31 2015 - U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Frequently Asked Questions H -1B, H-1B1, and E-3 Programs July 31, 2015. The topics covered are very interesting and should be very helpful in filing LCAs. Read the FAQs.Read More Breaking News

July 30 2015 Immigration Law Show – H4 visa issues, H1B and adjustment of status.

The July 30 2015 law show covered questions such as H1B amendment, H1B transfers, premium processing, H4 work permit, I-140 revocation, B1/B2 and adjustment of status, tourist visa extension, visitor visas, adjustment of status and many more interested topics. Listen to the recorded law show here.  Please share the link. Listen Music Files - Upload Audio Files - Immigration Law Show by Shah...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