U.S. IMMIGRATION LAW NEWS AND UPDATES: DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA?; EMPLOYMENT-BASED FOURTH PREFERENCE (EB-4) VISA LIMITS REACHED; REVISED FORM I-485; VISA BULLETIN, ETC.
I was out to dinner with some old friends recently and we started speaking about the upcoming Presidential Election. Since they did not live in the U.S., they had been relying on what they were hearing in the foreign media. Of course, they asked me what I thought of the prospective candidates' positions on U.S. immigration law. After pointing out that "politics makes strange bedfellows" (which is an interesting direct translation into many languages), I proceeded to explain a bit about the recent history of U.S. immigration law . . .
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U.S. IMMIGRATION LAW NEWS AND UPDATES: DO I STILL HAVE A CHANCE OF GETTING AN H-1B VISA?; EMPLOYMENT-BASED FOURTH PREFERENCE (EB-4) VISA LIMITS REACHED; REVISED FORM I-485; VISA BULLETIN, ETC.
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Nachman Phulwani Zimovcak (NPZ) Law
Group, P.C. - U.S. and Canadian Immigration
and Nationality Newsletter and Update.
In This Issue:
NOW THAT THE CAP IS
REACHED . . . DO I
STILL HAVE A CHANCE
OF GETTING AN H-1B
VISA?
FISCAL YEAR 2017 H-
1B CAP PREMIUM
PROCESSING TO
BEGIN MAY 12TH.
USCIS WILL
TEMPORARILY
SUSPEND USE OF
PRE-PAID MAILERS
FOR CERTAIN H-1B
CAP SUBJECT
PETITIONS.
Dear Readers:
I was out to dinner with some old friends recently and we
started speaking about the upcoming Presidential Election.
Since they did not live in the U.S., they had been relying on
what they were hearing in the foreign media. Of course, they
asked me what I thought of the prospective candidates'
positions on U.S. immigration law. After pointing out that
"politics makes strange bedfellows" (which is an interesting
direct translation into many languages), I proceeded to explain
a bit about the recent history of U.S. immigration law . . .
Most would agree with the statement that "the U.S. immigration
system is broken". In fact, the issue of U.S. immigration law is
one that has clearly propelled Donald Trump to be the most
likely Republican nominee for President in 2016. But
interestingly, we need to take a look into the recent history of
2. EMPLOYMENT-BASED
FOURTH PREFERENCE
(EB-4) VISA LIMITS
REACHED FOR
SPECIAL IMMIGRANTS
FROM EL SALVADOR,
GUATEMALA AND
HONDURAS.
USCIS MESSAGE
REGARDING
PROCESSING TIMES.
IMMIGRATION RELIEF
FOR THOSE
AFFECTED BY
SEVERE
EARTHQUAKES.
FEDERAL REGISTER
COMMENT PERIOD
FOR REVISED FORM I-
485, APPLICATION TO
REGISTER
PERMANENT
RESIDENCE OR
ADJUST STATUS.
THE MAY 2016 VISA
BULLETIN: DOS
REPORTS MAY 2016
VISA NUMBERS - IS
YOUR PRIORITY DATE
CURRENT? IF SO,
PLEASE LET US
KNOW.
H-1B VISA EXTENSION
AND H-1B1
EXTENSIONS.
*********
UPCOMING
EVENT
US Immigration
Law Basics
(NJICLE) - A
Primer for
House Counsel,
the U.S. immigration and nationality law to see why the system
is broken. In other words, what was the catalyst that caused
the U.S. immigration law system to be able to offer so few
options to allow individuals to stay in the U.S. To take everyone
back, recall in 1996 that President Bill Clinton was seeking his
second term as the President. Getting a second term in office
requires a great deal of political maneuvering. Of course, any
political maneuver needs to be one that causes the least
amount of damage to the political party making the maneuver.
Enter . . . U.S. immigration and nationality law. You see . . .
immigrants do not vote so the immigration law was an easy
issue to hand over to the Republicans.
Needless to say, in 1996, President Bill Clinton signed a bill that
overhauled immigration enforcement in the US and laid the
groundwork for the massive deportation machine that exists
today. It continues to be our feeling that the implementation of
the LIFE ACT and the 245(i) Program in 2001 was implemented
because President Clinton "felt guilty" about the oppressive
provisions of the 1996 Act. And this all makes sense since
245(i) still remains a very powerful tool that allows individuals
who have accrued over 180 days of unlawful presence to avoid
the 3/10 years bars implemented under the bill signed by
Clinton in 1996.
We remind our readers that we are U.S. and Canadian
immigration lawyers. We assist individuals, businesses,
families and individuals to legally immigrate to the U.S. and
Canada. If you and/or your friends or family have any questions
or need any immigration law assistance, please feel free to e-
mail to us at info@visaserve.com or you can call our offices
at 201-670-0006 (x107). We look forward to being able to assist
you.
H-1B VISA UPDATES: NOW THAT THE CAP IS
REACHED . . . DO I STILL HAVE A CHANCE OF
GETTING AN H-1B VISA?
On April 7th, 2016, U.S. Citizenship and Immigration Services
(USCIS) announced that it has reached the congressionally
mandated H-1B cap for fiscal year (FY) 2017. USCIS also
received more than the limit of 20,000 H-1B petitions filed under
the U.S. advanced degree exemption.
Because of the surge of petitions that were filed, USCIS
3. HR Managers
and New
Immigration
and Nationality
Lawyers.
Location:
New Jersey
Law Center
1 Constitution
Square, New
Brunswick,
NJ 08901
Date:
June 29th, 2016
Time:
9:00 AM - 4:00
PM EST
*******
Quick Links
SEARCH OUR
SITE
THIS MONTH'S
VISA BULLETIN
THE VISASERVE
BLOG
conducted a lottery to determine which petitions received during
the five-day submission period will actually be considered.
USCIS has already started sending receipt notices for the
petitions selected in the random selection process.
As expected, it is a very stressful time for thousands of
potential H-1B workers. Until the prospective H-1B employers
or their legal representatives start receiving receipt notices, and
the dark clouds of uncertainty over prospective H-1B visa
holders move past, the question worth asking and exploring is:
"Do I still have a chance of getting an H-1B visa even if my H-
1B petition does not make it to the H-1B cap?"
TO READ MORE, PLEASE CLICK HERE . . .
PREMIUM PROCESSING: FISCAL YEAR 2017 H-1B
CAP PREMIUM PROCESSING TO BEGIN MAY 12TH.
On May 12th, 2016, U.S. Citizenship and Immigration Services
(USCIS) will begin premium processing for cap-subject H-1B
petitions requesting premium processing, including petitions
seeking an exemption for individuals with a U.S. master's
degree or higher. USCIS first announced in a news release that
it would temporarily adjust its premium processing practice due
to the historic premium processing receipt levels, combined
with the possibility that the H-1B cap will be met in the first 5
business days of the filing season.
USCIS provides premium processing service for certain
employment-based petitions and guarantees a 15-calendar-day
processing time. For H-1B petitions that are not subject to the
cap and for any other visa classification, the 15-day processing
period for premium processing service begins on the date that
USCIS receives the request.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
ANOTHER H-1B UPDATE: USCIS WILL
TEMPORARILY SUSPEND USE OF PRE-PAID
MAILERS FOR CERTAIN H-1B CAP SUBJECT
PETITIONS.
For two weeks after premium processing resumes for H-1B
cap-subject petitions, USCIS will not use pre-paid mailers to
send out final notices for premium processing H-1B cap-
subject petitions. Instead, USCIS will use regular mail. USCIS
4. ENTERTAINMENT
IMMIGRATION
UPCOMING
EVENTS
CIS CASE
STATUS
CIS PROCESSING
TIMES
DOL
PROCESSING
TIMES
SCHEDULE AN
INFOPASS
APPOINTMENT
CBP BORDER
WAIT TIMES
BORDER WAIT
TIMES
will be doing this due to resource limitations as USCIS work to
process all premium processing petitions in a timely manner.
After the two week period, USCIS will resume sending out final
notices in the pre-paid mailers provided by petitioners.
TO READ MORE, PLEASE CLICK HERE . . .
VISA BULLETIN UPDATE: EMPLOYMENT-BASED
FOURTH PREFERENCE (EB-4) VISA LIMITS
REACHED FOR SPECIAL IMMIGRANTS FROM EL
SALVADOR, GUATEMALA AND HONDURAS.
The Department of State's Visa Bulletin for May 2016 reflects a
final action date of January 1st, 2010, for EB-4 visas for
special immigrants from El Salvador, Guatemala and
Honduras. This means that starting in May, applicants from
these countries who filed Form I-360, Petition for Amerasian,
Widow(er), or Special Immigrant on or after January 1st, 2010,
will not be able to obtain an immigrant visa or adjust status until
new visas become available.
These three countries have reached their EB-4 visa limits as
congressionally mandated for fiscal year 2016, which ends
September 30. Information on EB-4 visa availability for fiscal
year 2017 for El Salvador, Guatemala and Honduras will
appear in the Department of State's October Visa Bulletin,
which will be published this September.
FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
USCIS PROCESSING TIME UPDATES: USCIS
MESSAGE REGARDING PROCESSING TIMES.
Recently USCIS notified all the stakeholders regarding recent
customer concerns about processing delays. USCIS is
working to address the staffing shortages and workload issues
that are causing processing time delays. USCIS reviewed the
workload capacity at each service center and, based on the
findings, they are redistributing the work among the service
centers. This type of planning allows them to maximize USCIS
resources and minimize any delays when work is transferred.
TO READ MORE, PLEASE CLICK HERE . . .
***THIS INFORMATION IS PROVIDED COURTESY OF AILA - of
which David Nachman, Esq., one of the Managing Attorneys at NPZ
5. - - - - - - - - - - - -
:: 201-670-0006 (X100)
:: info@visaserve.com
:: www.visaserve.com
OUR OFFICES:
NEW JERSEY
OFFICE:
VISASERVE Plaza
487 Goffle Road
Ridgewood, NJ 07450
Phone: 201-670-0006
(x100)
NEW YORK OFFICE:
108 West 39th Street
8th Floor, Suite 800
New York, NY 10018
Phone: 1-866-599-3625
INDIANA OFFICE:
Indianapolis City
Center
201 North Illinois Street
16th Floor, South Tower
Indianapolis, IN 46204
Phone: 317-936-6600
Law Group, is an AILA Mentor, a Former State of New Jersey AILA
Chapter Chair and a Adjunct Professor of Paralegal Studies in
Immigration and Nationality Law at Fairleigh Dickinson University and
Bergen Community College.
TPS FOR MORE COUNTRIES? IMMIGRATION RELIEF
FOR THOSE AFFECTED BY SEVERE
EARTHQUAKES.
USCIS offers immigration relief measures for people affected
by natural disasters, such as the severe earthquakes that
recently occurred in Ecuador, Japan and Burma.
The following measures may be available upon request:
· Change or extension of nonimmigrant status if you are
currently in the United States, even if the request is filed after
your authorized period of admission has expired;
· Re-parole, if you were previously granted parole by USCIS;
· Expedited processing of requests for advance parole
documents;
· Expedited adjudication of requests for off-campus
employment authorization for F-1 students experiencing severe
economic hardship;
· Expedited adjudication of employment authorization
applications, where appropriate;
· Consideration of fee waivers due to an inability to pay.
TO READ MORE, PLEASE CLICK HERE . . .
FEDERAL REGISTER COMMENT PERIOD FOR
REVISED FORM I-485, APPLICATION TO REGISTER
PERMANENT RESIDENCE OR ADJUST STATUS.
On March 31st, 2016, USCIS published a 60-day notice in the
Federal Register inviting public comment on a revised version
of Form I-485, Application to Register Permanent Residence or
Adjust Status.
After the 60-day period, USCIS will address public comments
and publish the required 30-day notice in the Federal Register.
USCIS will issue the final revised Form I-485 once the Office of
Management and Budget approves the form.
Customers may continue to use the current version of Form I-
485 (edition date: 10/05/15) until further notice.
6. WE NOW ALSO HAVE
A PHYSICAL
PRESENCE IN
CHICAGO AND
BOSTON FOR THE
CONVENIENCE OF
PROSPECTIVE
CLIENTS.
INDIA AFFILIATED
OFFICES:
Kaival Chalishazar,
Adv.
Kaival Chalishazar &
Co.
22 Vasant Kunj
New Sharda Mandir
Road, Paldi,
Ahmedabad 380007,
India
ATT: Call Kaival at
x130
(This office provides on
the ground services to
our Indian clients such
as India Divorce, India
Real Estate Purchase
and Sale, Business
Sale Purchase,
Adoption, Litigation and
High Court Complaints).
- - - - - - - - - - -
Law Office of Michael
Phulwani
F603 Remi Biz Court
Veera Desai Road
Andheri West
Mumbai 400 053, India
Call us at 201-670-0006
(x104) for contact
TO READ MORE, PLEASE CLICK HERE . . .
THE MAY 2016 VISA BULLETIN: DOS REPORTS MAY
2016 VISA NUMBERS - IS YOUR PRIORITY DATE
CURRENT? IF SO, PLEASE LET US KNOW.
FAMILY-SPONSORED:
CHINA F4: The level of applicant demand being received has
begun to increase. Should this pattern continue, it will be
necessary to either hold or retrogress this final action date in
late summer. That action would be necessary to hold number
use within the overall China Family-sponsored annual limit.
INDIA F4: The amount of demand being reported for applicants
with priority dates which are significantly earlier than the
established cut-off date has increased dramatically in recent
months. As a result, it is likely that this final action date will be
retrogressed, possibly as early as June. This action would be
necessary to hold number use within the overall India Family-
sponsored annual limit.
Read More. . .
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
CHECKOUT VISASERVE'S REGULARLY
UPDATED YOUTUBE VIDEO LIBRARY
(SOME SELECTIONS BELOW) ABOUT U.S.
AND CANADIAN IMMIGRATION LAWS:
"IMMIGRATION NEWS AND VIEWS" - NPZ'S
NEW PRACTICAL SERIES ON YOUTUBE
ABOUT VARIOUS U.S. AND CANADIAN
IMMIGRATION LAW ISSUES.
Check us out at . . .
https://www.youtube.com/watch?
v=3Crfb5L_vlo
7. details.
H-1B VISA EXTENSION AND H-1B1 EXTENSIONS.
In limited circumstances, H1B visa status can
be extended beyond 6 years if:
The foreign national is the beneficiary of
an approved I-140 petition.
The foreign national is the beneficiary of
a PERM petition or I-140 petition that
was filed over 365 days ago.
The foreign national is recapturing time
spent outside the US during the past 6
years in H-1B status.
1 year extension Based on Pending PERM or
I-140 petition under AC-21 104(a)
You may extend your H1B status annually in
one-year increments if your PERM petition or
I-140 petition was filed at least 365 days prior
to the day when you reach the six-year limit.
3 year extension Based on Approved I-140
petition under AC-21 106(c)
You may extend your H1B status for 3 years
if you are the beneficiary of an approved I-140
petition but your priority date is not current,
(immigrant visa number is not available to
you).
Recapturing Time Spent Outside the US
An H1B holder may apply for an H1B
extension and "recapture" days spent outside
of the US.
8. If the H1B visa holder was outside the US in
the 6 years they held H1B status, they can
recapture those days in an H1B extension
application.
The H1B holder would submit the exit from
US and entry back to US dates, as well as the
corresponding stamps and I-94 copies from
his/her passport.
Cap Exempt New H-1B
If you have an H-1B visa stamped in your
passport and the expiration date is within the
past 6 years, you are eligible for a new cap
exempt H-1B.
Your new employer would apply for the cap
exempt H-1B with USCIS and you would be
able to start work after it is approved.