Can you transfer an H1B if your I-140 was revoked? First of all Raj extension based on the present company, Raj extension is limited only to company A. If Raj wants to move to Company B, he has to have had the I-140 still “alive” when the H1B transfer is approved because both extension and H1B transfer require that either you have an approved I-140 (AC21 104(c)) or a pending labor of 365 days (AC 21 106(c)). See AC 21 memo 2008 Basically Raj will no longer be Cap-Exempt under AC 21 because he no longer have an approved I-140 under AC 21 104(c) or a pending labor of 365 days AC 21 106(c). The USCIS, in fact, treats both H1B extension and H1B transfer as the same issue. As such Raj might well not be able to work for Company B because his H1B transfer will probably be denied. Immigration Law Updates by Shah Peerally, Esq - April 30 2020. Foreign Legal Consultant, California Immigration Lawyer, San Francisco USA Immigration Lawyer.
The role of lawyers in societies is much broader than only facilitating international commerce.
Lawyers supplying legal services abroad usually act as foreign legal consultants (FLC). A “foreign legal consultant” is a person who is admitted to practice and is in good standing as an attorney or counselor at law or the equivalent in a foreign country and has been issued a certificate of registration as a foreign legal consultant. Foreign legal consultants may provide advice in international law, the law of their home country or in the law of any third country for which they possess the required qualifications.
In California FLCs are required to get registration from the State Bar of California, once registered they are permitted to practice law in a limited manner. Over past few years, the legal service sector has grown phenomenally as a result of growth in international trade and emergence of new fields of practice, particularly business law. Humanitarian Parole, California Imigration Lawyer, Family Based Petition, Immigration Attorney USA. What is Humanitarian Parole?
The Secretary of the Department of Homeland Security may, in his discretion, parole into the United States temporarily, under such conditions as he may prescribe on a case-by-case basis, for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the United States. Humanitarian Parole cannot be used to circumvent normal visa-issuing procedures, nor as an instrument to bypass preference immigrant visa availability or processing for refugee status.
Parole is an extraordinary measure, sparingly used to bring an otherwise inadmissible alien into the United States for a temporary period of time due to a very compelling emergency. Note that Humanitarian Parole can only be requested for persons who are outside of the U.S. Requests for Humanitarian Parole must be submitted to the the following address: Department of Homeland Security 425 I Street, NW ATTN: Parole and Humanitarian Assistance Branch Washington, DC 20536.
Q : How Can I Invite Someone to the U.S. to Visit?, Family Petition, Marriage Petition. People often ask how they can help a family member, relative or friend get a visa to visit them in the United States. We appreciate their desire to help and understand that sometimes the need for a visit can be urgent. Under U.S. federal law, though, applicants for visitor visas must apply on their own to visit the United States. To qualify for a visitor visa, applicants must: » Complete and sign the required application forms» Bring evidence that their visit is temporary and that they will return home after their legally authorized stay, and» Undergo security clearance procedures. USCIS Update on Applications & Receipting - delay on receipt. U.S.
Citizenship and Immigration Services (USCIS) advises customers that, due to a tremendous increase in the number of applications filed, processing of fee payments and entry of cases into our tracking system is behind schedule. As a result, applicants can expect notices of receipt to be delayed. USCIS is working hard to deal with the increased volume.
Delay in fee processing and data entry will not affect an applicant’s Change of Status or Extension of Stay eligibility if all other eligibility requirements are met. Asylum, Green Card issue, Asylum Application, Immigration Services. By Shah Peerally, Attorney at Law. email@example.com There are many roads to obtaining a “Green Card” (Legal Permanent Residence) in the United States. One of these paths is filing an asylum. This article will briefly describe the basic requirements to be eligible for an asylum application and the general process. One can file an asylum application with the Department of Homeland Security and United States Citizen Immigration Services (“USCIS” formerly INS) if one has a genuine “well-founded fear of persecution“ or past persecution.
It is very important not to file an affirmative or defensive asylum application which might be considered frivolous because there are dire consequences to both the applicant and the practitioners who assist in such endeavors. Visa Options for Out of Status Visa Applicants, Lawyer for Visa Overstays case. There are millions who live in the United States without status.
While it is true that there are harsh inadmissibility bars triggered by spending time in the United States without any legal status, there are certain immigration options which are available to those who are in the US without status. If, however, none of the following saving provisions apply to you, then you may be deemed inadmissible and would have to apply for an inadmissibility waiver before you can obtain legal status. INA 245(i) Relief for Aliens Entering US Without Inspection Those who entered the United States without inspection have very limited opportunities, one of which is to adjust status under 245(i). Immigration Law Updates on Suspensions I National Interest Waiver Options I EB1 A options. Immigration Law Updates on Suspensions I National Interest Waiver Options I EB1 A options. Immigration article : 10 Points to remember when answering an RFE. By: Shah Peerally Esq. 10 Points to remember when answering a RFE (Request for Evidence) from USCIS (Immigration Services) A Request for Evidence (RFE) is a common tool used by the USCIS (Immigration services) to ask for additional proof in order to make a decision on your case.
RFEs are often in point form requesting factual information from either the beneficiary or petitioner. While many RFEs are simple, lately many RFE’s have become more complicated and tend to require legal assessment before they can be answered. Know your Rights on immigration and US visa filling, USA Immigration Lawyer, San Francisco Immigration Attorney, Bay Area Green Card Lawyer. Having participated in many know your rights events on the aftermath of September 11, 2001, we have identified few basic things that an immigrant should know in order to deal with authorities when they come to you.
This guide is limited in scope so please consult an attorney for more information. Should I answer the questions of the agents? You can definitely answer the questions, but no good attorney will advise you to do so. The reason is that anything you say at this point can be used against you. In fact, the only thing which is recommended at this point is to ask for an attorney. INA 212(d)(3) Non-immigrant Visa Waiver Lawyers. What is a 212(d)(3) Non-immigrant Visa Waiver?
Some foreign nationals may be deemed inadmissible under INA 212(a), which covers bases including unlawful presence, criminal violations, and immigration fraud or misrepresentation. If a foreign national is considered inadmissible, then he or she must obtain a waiver of inadmissibility under INA 212(d)(3) if they are seeking admission to the county on a non-immigrant visa, such as a B1/B2 visitor visa. This waiver may be available for grounds that could otherwise not be waived if the applicant was seeking admission on an immigrant visa. Complexity of US Immigration Law - Reviewed by Peerally Law Firm. Immigration Law is a very complex area of law. The laws and the regulations are constantly changing. Keeping up with the changes requires dexterity. Therefore, you need to carefully pick your attorney. Adoptions Rules and Regulations, Adopting child in US, Citizenship for adopted child.
Inter-Country Adoptions Adopting children from all over the world has steadily increased in the past decade.
Over 20,000 inter-country adoptions are taking place per year in addition to the more than 200,000 foreign-adopted children already living in the U.S. The Department of Homeland Security – U.S. Citizenship and Immigration Services (USCIS) is proud to play a key role in the inter-country adoption process. Prospective adoptive parents are encouraged to familiarize themselves with inter-country adoption processes before they begin filing applications for a particular child. Prospective adoptive parents may find the services of an adoption agency helpful for guidance and assistance with the immigration of orphans and adopted children. Trump Executive Order to Stop immigration - who is affected? Adjustment of Status for Immediate Relatives on B1/B2 Visitor Visas. Adjustment of Status for Immediate Relatives on B1/B2 Visitor Visas I entered the country on a B1/B2 visitor visa, can I safely adjust status?
This is a very common question, and a source of a lot of confusion, even amongst immigration practitioners, USCIS officers, and Consular Officers (AKA ConOffs). The answer, like most things in immigration, is “maybe.” Debt settlement due to lost of jobs and COvId 19. Getting a green card through self petitions - no employer. Immigration Consequences of Mergers, Acquisitions, and other forms of Corporate Restructuring. Immigration Consequences of Mergers, Acquisitions, and other forms of Corporate Restructuring Depending on the form of corporate restructuring, actions may or may not need to be taken in cases where there are non-immigrant workers and ongoing employment based green card cases. For example, if a company with an H-1B worker is acquired, the successor in interest will not necessarily need to file a new or amended petition depending on certain conditions, including maintenance of the same job position. Caution must be taken in assessing whether a “successor in interest” has been created.
We assist employers and employees by providing counsel on issues relating to immigration consequences relating to corporate restructuring. Contact Us. What does the Confederate flag mean to immigrants. June 29, 2015 – Lately, there has been a lot of talk regarding the Confederate flag due to the horrible killing at the Charleston church.
President Obama declared that Confederate flag a symbol of racial oppression. He also praised the efforts and urgency to remove the flag from the South Carolina State Capitol. On June 27, 2015 two activists were arrested for climbing the flag pole and taking down the Confederate flag. Many are calling them “heroes” while others are protesting their freedom to keep a legacy of the South, and an emblem which represents Southern identity.
It is clear that not everybody sees the Confederate flag as a “symbol of oppression.” Many immigrants are not aware of the importance or issues related to the Confederate flag. Why is it important for Immigrants to monitor the “rise of” the Confederate flag? The debate which the Confederate flag is bringing on the table will obviously outline the number of people who are against or pro this flag. US Visa for Australian, E3-Visa An Alternative to H1B for Australians. E-3 Visas Overview. Apply Permanent Resident, Green Card immigration services, Green Card visa service: Shah Peerally Law group. Treaty E- Visas, US E1 Visa, US E2 Visa, Type and Requirements of E-visas.
Overview The E-visa category was created to encourage international commerce between American and foreign traders and investors.
USCIS to crack down on H1B holders. Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse Agency Creates Avenue for American Workers to Report Abuse Release Date: April 3, 2017 WASHINGTON – U.S. What are my options on H4 visa? H4 Visa Attorney Attorney California. Foreign Exchange Visitor Visa. Most Common Types of Student Visas. Porting I-140 priority date. US Visas for People in the Media Industry, B1 Visa,H1B Visa, I Visa, J1-Visa, By Shah Peerally, Esq. and Ketki Buddhisagar, Esq. Visa Waiver Program, VWP, Tourist Visa Program, San Francisco USA Immigration Lawyer.
Naturalization basic facts. Naturalization and Who Qualifies? Immigration basics: Immigration interview tips, USCIS Marriage Interview, Best Immigration Lawyer USA. By: Shah Peerally Esq. USCIS Neturilization test process: What is the U.S. residence requirement? How Do I Become a K-Non immigrant as the Spouse or Child of a U.S. Citizen? (K-3 and K-4 Visa Classification) Waiting Endless for Green Cards. EB-3 Eligibility and Filing, EB-3 classification, EB-3 Application Procedures, Immigration Lawyer USA. Motion to Reopen or Reconsider MTR Immigration Lawyers. 7 COMMON MISTAKES MADE WHEN DEALING WITH IMMIGRATION SERVICES. Learn how To use USCIS Premium Processing Service. WHAT IS A REGISTERED FOREIGN LEGAL CONSULTANT-Real Estate Law, Business Law, Family Law. H1B Visas - H1B Transfer Process. How long does it for a PERM to be approved from the Department of Labor?
Who can apply H-1B Visas – Complications in Maintaining Status and Avoiding Liability. Traveling on a Pending I-485 (Adjustment of Status) Good news for family of US green card holders! Breaking News - K1 Visa Cases for Canadian nationals will only be processed in Montreal! USCIS Modifies Asylum Interview Scheduling. Determining the Ability to Pay for filing of the form I-140. Business Regulatory Environment: FLC Article. H Visas and Caps. 221g Administrative Processing at US Consulates, H1B visa, USCIS. Employment US Immigration Options for Nurses, US Immigration Service for nurses, Filing of I-140 Petition, Form I-140, Immigrant Petition, New Procedures on Labor Certifications, USCIS, Form I-140 petition, Immigrant and Non- Immigrant Visas.
I-212 Application for Admission After Removal. Board of Immigration Appeals Lawyers. AAO Non-Precedent Decisions. What you need to know about H4 employment authorization. Guide on Filing H4 EAD on your own. Top reasons to file for filing your citizenship - ASAP! Temporary Workers, I-129 petition, H-1B2, H-1B3, L-1B, Q-1. If I own a company can I file a PERM for a family member or a relative? What to do after becoming Permanent Resident in US.
What is an Immigration Marriage Fraud Interview? Do I have to be divorced before filing VAWA? Immigration Interview Tips. YouTube. The Government confirms that they are in the process of removing H4 EAD. EB-1 Eligibility and Filing, EB1, E2, California Green Card Lawyer. Legal Guide for a VAWA Petition, Vawa Petition Requirements, Violence Against Women Act, USA Immigration Attorney Shah Peerally Law Group. The H4 Visa EAD Battle - Few Reasons for granting EADs to H4s. EB1A and New Immigration Issues with Shah Peerally and Sharif Silmi. The E3 Visa for Australians. When can a company revoke my I-140? 10 Important Facts about the K3 Visa visa process - US Immigration law. 7 Reasons you should not rely on a non-lawyer immigration law forums. Shah Peerally Law Show February 27 2020. Filling your adjustment of status.
Latest Update on Provisional I-601A Waiver, I-601A Waiver Lawyers. Invest in the United States. Dealing with no birth certificate. National Visa Center and its role in immigration. How to arrive to the USA. I 601A Waivers for Unlawful Presence. Marriage Petitions Lawyer & Attorney. Shah Peerally Law Show February 20 2020. How to deal with the National Visa Center?
Switching job while employment authorization (EAD) is pending. Couple Indicted for $20 Million Visa Fraud Involving Indian Workers. What your receipt issued by USCIS means? B1/B2 visa to adjustment of status. Summary of AIC Practice Advisory. U Visa Travelling. What is U Visa and How can it Help. How to file and AOS. 6 Tips on how to find your Automated I94 Travel History. 7 Reasons You Should File for Your Citizenship. P Visa Lawyer San Francisco. “I Do” is not enough for USCIS.