Immigration News and Updates - March 15th 2015

http://archive.constantcontact.com/fs147/1011188341227/archive/1120404692104.html[3/16/2015 10:33:38 AM]
Nachman Phulwani Zimovcak (NPZ) Law Group,
P.C. - U.S. and Canadian Immigration and
Nationality Newsletter and Update.
In This Issue:
UPCOMING EVENTS OF
THE IMMIGRATION AND
NATIONALITY LAWYERS
AND ATTORNEYS OF
THE NPZ LAW GROUP.
SUBMITTING AN H-1B
PETITION ON APRIL 1st:
WHAT PROSPECTIVE H-
1B EMPLOYERS AND
EMPLOYEES NEED TO
KNOW? [Part I] By:
Michael Phulwani, Esq.,
David H. Nachman, Esq.,
and Rabindra K. Singh,
Esq.
SUBMITTING AN H-1B
PETITION ON APRIL 1st:
WHAT PROSPECTIVE H-
1B EMPLOYERS AND
EMPLOYEES NEED TO
KNOW? [Part II] By:
David H. Nachman, Esq.,
Esq.
H-1B NONIMMIGRANT
PROFESSIONAL AND
SPECIALTY WORK VISA
FILING TIPS FOR APRIL
1st 2015.
H-1B PETITION
Dear Readers:

March-madness continues to be the harbinger of the
impending April 1st deadline for H-1B cap cases pursuant to
which U.S. employers will be seeking October 1st start dates for
H-1B hopefuls. Due to increasing improvement in the
U.S. economy, it is highly-likely that there will be an H-1B lottery
within the first several days of the H-1B deadline. Last year there
were over 172,000 H-1B petitions submitted for 85,000 spots. We
are expecting the same (and even more) this year. If you have not
already begun preparing for the 2015 H-1B season, now is the
time to do it. Our office provides prospective H-1B employers
and employees with Overview documents and Checklists
that describe the information that you need to provide to your
immigration lawyer(s) to prepare the H-1B work visa.
We continue to work with clients to prepare them for their
DACA and DAPA filings under the President's new expanded
DACA and DAPA programs. While a Federal Court in the State
of Texas has issued an injunction (which has temporarily slowed
the DACA and DAPA filing processes), we remain cautiously
optimistic that the programs will be back on-line
soonest. President Obama continues to vow that he will do
everything in his power to make sure that the DAPA and
expanded DACA programs (as well as the other announcements
that the President made about U.S. immigration laws
in November) become a reality. Of course, it is difficult to look
into a crystal ball to know what the future holds. However, since
the Obama Program was so thoroughly vetted by the President's
lawyers before its issuance, it is our hope that the programs will
soon "spring to life".
For those of our readers who utilize the services of U.S.

PREPARATION &
FILING: THE WHATS,
WHYS AND HOWS OF
EDUCATION AND/OR
EXPERIENCE
EVALUATIONS. By:
David H. Nachman, Esq.
Esq.
HOW TO ASK YOUR
EMPLOYER ABOUT
DOING AN H-1B FOR
YOU IF YOU ARE IN
OPTIONAL PRACTICAL
TRAINING (OPT) OR ON
A STEM OPT
EXTENSION. BY: Michael
Phulwani, Esq., David
Nachman, Esq. and
Rabindra Singh, Esq.
USCIS ISSUES A
POLICY...MEMORANDUM
: ADJUDICATION OF H-
1B PETITIONS FOR
NURSING
OCCUPATIONS.
VISA BULLETIN FROM
DOS: THE APRIL 2015
VISA BULLETIN IS OUT -
IS YOUR PRIORITY
DATE CURRENT?
SE HABLA ESPANOL:
CÓMO SOLICITAR A SU
EMPLEADOR QUE
PRESENTE UNA VISA H-
1B PARA USTED SI SE
ENCUENTRA EN
FORMACIÓN PRÁCTICA
OPCIONAL (OPT) O EN
UNA EXTENSION DE
OPT STEM.
Obama's November 20th,
2014 Executive Actions
Announcement | H-4
Applicants May Be Able to
Work | EAD Card for H-1B
Derivatives.
DAPA | DACA |
MARRIAGES | DIVORCE
|ADOPTIONS | DAPA and
DACA Updates.
UPCOMING EVENTS

immigration lawyers, we wish to remind you that commencing
on April 13th, 2015, USCIS reports that a new G-28, Notice of
Appearance of Attorney or Representative, will be used. It is
important to note that this documents allows beneficiaries to
specify if they want documents to be sent to a lawyer or to be sent
to the individual's address. It continue to be our Firm's policy to
have the documents sent to our offices so that our software can be
updated. When we receive a notice from the USCIS we
always immediately work to get our clients the information about
the case as quickly as possible.
For more information about U.S. and/or Canadian Immigration
Law we invite you to visit our website
at http://www.visaserve.com We also invite you to contact us by
phone at 201-670-0006 (x107) if you, your friends, or
any member of your family, may have any questions about the
U.S. immigration and nationality law. You can also feel free to e-
mail to us anytime at info@visaserve.com if you need any
additional information or clarification(s).
SUBMITTING AN H-1B PETITION ON APRIL 1ST:
WHAT PROSPECTIVE H-1B EMPLOYERS AND
EMPLOYEES NEED TO KNOW? [Part I]  By: Michael
Phulwani, Esq., David H. Nachman, Esq., and Rabindra
K. Singh, Esq.
Although the U.S. economy slowed down a bit during the fourth
quarter of 2014, recent reports suggest that it would pick up again
because of continued job growth, consumer confidence and
spending increases. What does this mean for the immigration
practitioners, professionals, and prospective H-1B employers and
employees? Assuming that the economy performs as projected, it
is highly likely that we will once again, as we did in 2014, witness
the H-1B lottery (technically referred to as "Random Selection
Process") during April 2015. To better prepare for the H-1B cap,
this article endeavors to summarize a few practice pointers which
every prospective H-1B employer and employee should know.

TO READ MORE, PLEASE CLICK HERE . . .
SUBMITTING AN H-1B PETITION ON APRIL 1ST:
WHAT PROSPECTIVE H-1B EMPLOYERS AND
EMPLOYEES NEED TO KNOW? [Part II]  By: Michael
Phulwani, Esq., David H. Nachman, Esq., and Rabindra
K. Singh, Esq.
Part II of the H-1B article series is focusing on some of the major
points that needs to be considered while filing H-1B petition on
April 1st. Major points such as filing fee, H-1B salary and
benching cost, compliance issue associated with the LCA and
demonstrating Sufficient Level of "Control" Over Prospective H-
1B Employee(s).

FOR MORE INFORMATION, PLEASE CLICK HERE . . .
H-1B NONIMMIGRANT PROFESSIONAL AND
SPECIALTY WORK VISA FILING TIPS FOR APRIL 1st

WHAT HR
MANAGERS NEED
TO KNOW TO
PROTECT
EMPLOYER'S
FROM I-9
VIOLATIONS.

Where: 3/18/2015

Time:
5:30 PM to 8:00 PM

Where:

Holiday Inn

Hasbrouck Heights

283 Rt. 17 South

Hasbrouck Heights, NJ
07604
U.S. Immigration
Law Updates
Including President
Obama's
Administrative
Relief Programs.
When: Wednesday, March
25th, 2015
from 12:00 PM to 2:00 PM.

Where:

Bergen County Bar
Association - The George
W. Newman Law Building
located at 15 Bergen
Street, Hackensack, NJ
07601

For detailed
information about
NPZ's immigration
law events, please
click here . . .
*******

Quick Links
SEARCH OUR SITE

2015.
This article summarizes the April 1st 2015 H-1B filing tips.
Various tips that need to be considered in order to get ready for
the H-1B rush. Make sure your checklist involves critical areas of
filing such as:

1. File the LCA Early;
2. Avoid filing errors;
3. Quality filing;
4. Filing fees;
5. Don't be late.

H-1B PETITION PREPARATION & FILING: THE
WHATS, WHYS AND HOWS OF EDUCATION
AND/OR EXPERIENCE EVALUATIONS. By: Michael
Phulwani, Esq., David H. Nachman, Esq. and Rabindra
K. Singh, Esq.
Most prospective H-1B employees and H-1B employers begin
with either of the following two questions: "I would like to work
in the U.S. using an H-1B visa, but am not sure if I qualify" or"I
want to hire a foreign worker but not sure if the individual
qualifies for an H-1B visa."

As briefly touched-upon in our previous article[i], it is mandatory
that both the proffered position and prospective employee should
qualify for the H-1B visa. To build on previous article, this article
will explore the importance of educational and/or experience
equivalency evaluations, and explain certain precautions that an
employer and/or a prospective H-1B employee can take in order
to avoid a potential Request for Evidence (RFE) and/or denial of
the H-1B nonimmigrant petition.

TO READ MORE ABOUT THE "MINIMUM
REQUIREMENT TO QUALIFY FOR H-1B", PLEASE
CLICK HERE . . .
HOW TO ASK YOUR EMPLOYER ABOUT DOING AN
H-1B FOR YOU IF YOU ARE IN OPTIONAL
PRACTICAL TRAINING (OPT) OR ON A STEM OPT
EXTENSION. BY: Michael Phulwani, Esq., David
Nachman, Esq. and Rabindra Singh, Esq.
We are in the midst of the H-1B season. If you have not yet begun
to prepare the H-1B for the April 1st filing date, do not despair. It
is not too late. It will take about a week or so to submit and
receive an approval for the Labor Condition Application (LCA -
Form 9035) from the U.S. Department of Labor (DOL) but there
is still time. The most important thing to do now is to immediately
ask your employer to submit an H-1B Petition on your behalf.

USCIS ISSUES A POLICY MEMORANDUM:
ADJUDICATION OF H-1B PETITIONS FOR NURSING

THIS MONTH'S
VISA BULLETIN

THE VISASERVE
BLOG

  ENTERTAINMENT
IMMIGRATION

UPCOMING EVENTS

CIS CASE STATUS

CIS PROCESSING
TIMES

DOL PROCESSING
TIMES

SCHEDULE AN
INFOPASS
APPOINTMENT

CBP BORDER WAIT
TIMES

BORDER WAIT
TIMES
OCCUPATIONS.
On February 18th, 2015, USCIS issued a policy memorandum
providing guidance on the adjudication of H-1B petitions for
nursing positions. Specifically, the Memorandum assists U.S.
Citizenship and Immigration Services (USCIS) officers in
determining whether or not a nursing position meets the definition
of a "specialty occupation".

The Memorandum supersedes any prior guidance on the subject. If
you are in a Nursing Occupation and are getting ready to file an
H-1B on April 1st, 2015, please be sure to review the Policy
Memorandum.

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
VISA BULLETIN FROM DOS: THE APRIL 2015 VISA
BULLETIN IS OUT - IS YOUR PRIORITY DATE
CURRENT?
DOS recently released the April 2015 Visa Bulletin. There continues
to be positive news for several immigrant visa categories. There is
continued progression of the Philippines EB-3, the Worldwide-All
Other EB-3, the Mexican EB-3 dates. These are now at October
2014, which is the closest to CURRENT that they have been in
years.

India EB-2 moved forward too. It moved to September 2007,
representing a two and a half year increase in the last three months.
Chinese numbers have righted themselves. For two years the
Chinese EB-3 has been more favorable than Chinese EB-2. Chinese
EB-2 is now further along then EB-3 Priority date.

SE HABLA ESPANOL - OUR STAFF
SPEAKS SPANISH (AND MANY OTHER
LANGUAGES).
CÓMO SOLICITAR A SU EMPLEADOR QUE
PRESENTE UNA VISA H-1B PARA USTED SI SE
ENCUENTRA EN FORMACIÓN PRÁCTICA
OPCIONAL (OPT) O EN UNA EXTENSION DE OPT
STEM.
Estamos en medio de la temporada de H-1B. Si usted todavía no ha
comenzado a preparar la visa H-1B para su presentación el 1ero de
Abril, no se desespere. No es demasiado tarde. Tomará alrededor
de una semana más o menos para enviar y recibir una aprobación
para la Solicitud de Condición Laboral (LCA - Formulario 9035) del
Departamento de Trabajo (DOL), pero todavía hay tiempo. La cosa
más importante que hacer ahora es pedir inmediatamente a su
empleador el presentar una petición H-1B en su nombre.


- - - - - - - - - - - -
:: 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
(x107)
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New York, NY 10018
Phone: 1-866-599-3625
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Indianapolis, IN 46204
Phone: 317-936-6600
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OFFICES:
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Ahmedabad 380007,
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ATT: Kaival
- - - - - - - - - - -
54/2515 Ashtavinayak
CHS, Gandhinagar,
Bandra (E)
Mumbai 400 051, India
ATT: Sangeeta

"IMMIGRATION NEWS AND VIEWS" -
NPZ'S NEW PRACTICAL SERIES ON
YOUTUBE ABOUT VARIOUS U.S. AND
CANADIAN IMMIGRATION LAW ISSUES.
Obama's November 20th, 2014 Executive Actions
Announcement | H-4 Applicants Can Work | H-4 EAD
Card - How Long Will It Take To Get The EAD?

- Obama's November 20, 2014 Executive Action
- Injunction on executive action which has placed DACA and DAPA
on temporary hold because of Judge Hanen.
- Injunction is Temporary Restraining Order (TRO) for Government
not to proceed with Executive Action.
- TRO is being appealed:
a) An application for the dissolution of the TRO in the Texas Courts.
b) An appeal was filed with the appeals court.
- DACA applications are currently on hold.
- Previous DACA applicants are not affected.
- Claims of credit in passages of immigration reform.
H-4 Applicants may soon be able to work - May 26th, 2015.
- May 26, 2015, H-4 applicants will be able to apply for employment
authorization.
DAPA | DACA | MARRIAGES | DIVORCE |ADOPTIONS


DAPA/DACA
- Effect of criminal charges and convictions while applying for DACA.
- Current guidelines available for DACA.
- No current guidelines available under DAPA.
Marriages/Divorce/Adoptions
- Validity of marriage, divorce and adoption in foreign country in the
U.S.
- Recognizing marriage, divorce or adoption that may violate public
policy.
- Bona-fides of marriages and proving a good faith marriage.
- Marriages performed while in removal proceedings.
- Conditional green cards vs. permanent green card.
- Removing conditions jointly or with a waiver.

Immigration News and Updates - March 15th 2015

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Immigration News and Updates - March 15th 2015