Employment Based (EB)

This category covers the employment based relates articles.

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

Green Cards (Permanent Residence) approved!

July 31 2015 - Congratulations to our law team for the approval of a difficult employment based (EB2) case permanent residence and parents petition today. The EB client hired for his H1B 8 years ago, and the team worked hard on the H1B due to the nature of the job offered. Ultimately the H1B was approved and client entered the United States. In 2011 we started the labor certification under EB2, which was approved in around 2013 and ultimately the dates became current and we filed the adjustment of status. The client today…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

Opciones de Inmigración Basadas en Empleo para Personas y Compañías de América del Sur

En las noticias se habla mucho sobre la inmigración para los sudamericanos y los hispanos. La mayoría de estos reportes están relacionados a personas o familias indocumentadas. Sin embargo, muchas personas ignoran las opciones que pueden utilizar para poder convertirse en inmigrantes legales calificados. Estas opciones están disponibles para muchos hispanos y sudamericanos. De hecho, pueden ser muy específicas para los sudamericanos. Por esto, hemos tratado de compilar algunas de las opciones de inmigración basadas en el empleo más ventajosas para los latinos. Este artículo se concentrara en el tipo de visas de…Read More Breaking News

So far the H4 EAD program has been a success. What can we expect next?

July 28 2015 - The H4 Employment Authorization Document (EAD) offered by the USCIS seems to be a success story for many.  We are hoping based on the high rate of approvals we are seeing in similar cases, many will be encouraged to file to for their H4 EAD i.e. their work permits under H4.  Although so far our law has not seen any request for evidence issues in respect to such applications, it does not mean that we might not see such issues in the future. This article might be helpful in case…Read More Breaking News

How to check your case status and know about your case?

The immigration process is daunting and sometimes stressful. The waiting time on cases can really be unbearable and as such many applicants, beneficiaries or even petitioners are eager to know the status of their cases.  There are many tools available to inquire about your status or what is actually happening on the cases.  Below are few ideas how you should proceed. Check the Status Online The USCIS offers a very interesting tool when it comes to checking status on your case. In order to check the status on your need to enter the…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

USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

June 21 2015 - A new memo has now been released as a guide to whom should file for an H1B amendment after Matter of Simeio Solutions, LLC. This memo is supposed to be less strict than the previous memo on the matter. We recommend that employers and employees affected by this memo to pay careful attention to the amendment rules. We will elaborate more on the memo in the next few days.Read More Breaking News

Case Approved after difficult request for evidence (RFE) based on experience and education combined!

July 21 2015 - We congratulate the team especially Medya Ansari for answering a difficult request for evidence (RFE) case. The case came to us after client received a huge RFE because his degree did not relate to his occupation and also because the USCIS claims it is not an specialty occupation for an H1B. The client however, has extensive experience in the field of an specialty occupation. The previous attorney who filed the H1B case, was actually not able to transfer the H1B due to the same reason and refiled the case.…Read More Breaking News

BALCA reverses DOL decision and approves labor Certification in Microsoft case.

July 17 2015 - In the Matter of Microsoft, BALCA Case No.: 2011-PER-02621, July 15, 2015 BALCA reversed the DOL decision stating that the Employer’s advertisements were not misleading, nor did they cause any confusion that could have prevented a potential U.S. applicant from applying for the job opportunity. The issue was the language of traveling and also a mistake in answering the audit. This decision is interesting because those are common errors when a labor certifications is filed. We agree completely with BALCA and also hope that the DOL commending stringent rules…Read More Breaking News

What happens if I don’t have a birth certificate?

The birth certificate or substitute is a requirement by the USCIS in processing cases such as adjustment of status, family petitions, immigrant employment petitions, and so on. However, in many countries birth certificates are unavailable and as such USCIS might either issue a request for evidence (RFE) or even deny the case if the information of the birth certificate is not proven.  These are few tips how to deal with such cases. If a birth certificate is not available? Obtain a certificate of non availability of birth certificate from the registrar entity and…Read More Breaking News

Some EB frequently asked questions answered

The employment based (EB) immigration is one of the most tricky areas of immigration law because it entails minor details and very complex immigration questions.  Many immigration practitioners often shy away from the EB issues because of experience and requirement for detailed analysis.  For example, Indian nationals will have specific questions about AC 21, Visa Bulletin, H1B, labor certification questions which other foreign nationals don't have.  Similarly, those who are born in the Philippines will have different specific questions to issues which a French citizen might not have.  As such many of the general…Read More Breaking News

Premium H1B processing of applications (I-129 form) resumes as from July 13

July 13 2015 - Great news from USCIS, as from July 13th 2015, USCIS is now again accepting premium processing on all H1B cases including transfers, extensions and amendments. This is a welcoming news for companies and individuals who need fast move to another company or an extension.  It is also crucial for those who need to go abroad for a stamping. Note that for those who have already filed their cases, they can still upgrade to premium. We will be more than glad to help.   If you need help for your…Read More Breaking News