OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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When your initial two-year grant of deferred action for childhood arrivals (DACA) expires, you may request a renewal. USCIS suggests you submit your DACA renewal request up to150 days before the expiration date located on your current Form I-797 DACA approval notice and Employment Authorization Document (EAD). Some people are waiting too long to request their DACA renewal or not submitting the correct forms and fees and as a result their EAD could expire before USCIS processing their DACA renewal.

You can lessen the chance that this may happen if you:

• File on time. Submit your renewal request between 150 days and 120 days before the expiration date listed on your current Form I-797 DACA approval notice and Employment Authorization Document.

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 6/9/15 with processing dates as of 3/31/15.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center (CSC)

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On Friday, June 5th, the USCIS reopened the H-2B cap for the second half of the fiscal year (FY) 2015. They originally closed the H-2B cap on Thursday, March 26, 2015 announcing that the cap had been reached. USCIS will accept Form I-129, Petition for a Nonimmigrant Worker, requesting new H-2B workers with an employment start date between April 1 and September 30, 2015.

USCIS has to estimate when they feel they have received enough requests to fulfill the H-2B visa limit for the fiscal year. After monitoring the issuance of H-2B visas in collaboration with the U.S. Department of State (DOS),, they determined they had received fewer requests than expected and have openly stated that there are available H-2B visas remaining for the second half of FY2015.

For more detailed information about this USCIS news alert, please read, “USCIS to Reopen H-2B Cap for the Second Half of Fiscal Year 2015“.

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MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Deferred Action for Childhood Arrivals (DACA)

If you apply for DACA and get denied, do you risk deportation?

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The Department of State has released its latest Visa Bulletin.

Click here to view the July 2015 Visa Bulletin

As projected by the U.S. Department of State, the July 2015 Visa Bulletin shows the EB2 date for nationals from India stayed at 10/1/08; the EB3 date for nationals from India made a small movement from 1/22/04 to 2/1/04; the EB2 for Chinese Nationals moved from 6/1/13 to 10/1/13; the EB3 for Chinese Nationals stayed at 9/1/11; and EB3 for WW moved from 2/15/15 to 4/1/15; and the F2A category moved from 10/1/13 to 11/8/13, except Mexico which moved from 8/8/13 to 9/15/13. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

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The USCIS statistics on DACA Initial cases for the second quarter of FY2015, from 1/1/15 to 3/31/15 show a total of 21,670 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 25,814 requests approved, and 4,840 requests have been denied.

The USCIS statistics on DACA Renewal cases for the second quarter of FY2015, from 1/1/15 to 3/31/15 show a total of 120,649 DACA requests accepted for processing, (N/A) biometric services appointments scheduled, 95,729 requests approved, and 344 requests have been denied.

This DACA Report includes data for FY2012, FY2013, FY2014 and FY2015. The USCIS statistics on DACA cases from 8/12/12 to 3/31/15 show a cumulative total of 1,104,594 DACA requests accepted for processing, 1,081,991 biometric services appointments scheduled, 908,479 requests approved, and 43,789 requests have been denied.

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We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, June 12, 2015. Act now and submit your questions!

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The U.S. Citizenship and Immigration Services (USCIS) have published two web pages with guidance for H-4 dependent spouses on their web site. This information can be used to help those who are eligible and want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule.

You can view the information on:

• The Employment Authorization for Certain H-4 Dependent Spouses Web page, and • The list of Frequently Asked Questions that we have compiled since we announced the H-4 rule in February.

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The Immigration Advocates Network (IAN), the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) launched a new mobile app for your smartphone called, “Pocket DACA.” This app is designed to help undocumented immigrants brought to this country as children understand the Deferred Action for Childhood Arrivals (DACA) process.

“Pocket DACA” includes:

  • DACA Screening – An online interview to see if you qualify for DACA; takes less than 5 minutes!
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On May 1, 2015, the USCIS issued a new version of Form I-907, Request for Premium Processing Service and as of Monday June 1st it’s the only version that they will accept. The edition date for this new version of the form in (1/29/15) and that date is printed at the bottom of every page. The USCIS will only accept the new version of the form and will reject any previous editions if submitted.

Source of Information:

USCIS.gov, 5/27/15, News Alert:

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