H1B Visa Lawyer Blog

May 22, 2015

Reminder – DHS Extends Eligibility for EAD to Certain H-4 Dependent Spouses – 5/26/15

Reminder: USCIS will begin accepting employment authorization (EAD) applications from certain H-4 dependent spouses on Tuesday, May 26, 2015 – qualified H-4 nonimmigrants should start the process as soon as possible. Please note that EAD applications CANNOT be filed until May 26th.

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

May 21, 2015

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

by Kellie N. Lego

USCIS announced that they will temporarily suspend premium processing for all H-1B Extension of Stay petitions as of Tuesday, May 26, 2015. This suspension will last until Monday, July 27, 2015.

During this temporary suspension period, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant.

If you filed an H1B Extension of Stay petition with premium processing before the May 26th suspension date, the USCIS will still process your request.

May 19, 2015

Adopting Children Affected by the Earthquake in Nepal

by Kellie N. Lego

USCIS is warning U.S. citizens that they must follow inter-country adoption procedures before legally adapting a child from Nepal! The country of Nepal was devastated by a magnitude 7.8 earthquake that hit on April 25, 2015 and another magnitude 7.3 that hit on May 12, 2015.

Before a child may immigrate from Nepal to the United States, USCIS must determine that the child qualifies as an “orphan” under the immigration laws of the United States, and that the adoptive parents are capable of providing proper care. Also the Nepali authorities must determine whether the child can be legally adopted under their country’s laws. The USCIS will consider each case individually before making a final determination.

Source of Information:

May 18, 2015

Updated Service Center Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 5/12/15 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)

May 15, 2015

MVP LAW GROUP – Immigration Q&A Forum, Friday, May 15, 2015

by Kellie N. Lego

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 – H1B Nonimmigrant Work Visa

Is the USCIS finished with the acceptance process for the FY2016 Cap? My future employer filed my case and we still have not received a notification that my case was accepted.

May 14, 2015

Reminder – DHS Extends Eligibility for EAD to Certain H-4 Dependent Spouses – 5/26/15

by Kellie N. Lego

Reminder: USCIS will begin accepting employment authorization (EAD) applications from certain H-4 dependent spouses on Tuesday, May 26, 2015 – qualified H-4 nonimmigrants should start the process as soon as possible. Please note that EAD applications CANNOT be filed until May 26th.

USCIS Director León Rodríguez announced on Tuesday, February 24th, that the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR), effective May 26, 2015.

Finalizing the H-4 employment eligibility was one of President Obama’s key elements in his immigration executive actions announced last November.

May 13, 2015

Visa Bulletin – June 2015

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click here to view the June 2015 Visa Bulletin

As projected by the U.S. Department of State, the June 2015 Visa Bulletin shows the EB2 date for nationals from India moved from 4/15/08 to 10/1/08; the EB3 date for nationals from India made a small movement from 1/15/04 to 1/22/04; the EB2 for Chinese Nationals moved from 6/1/12 to 6/1/13; the EB3 for Chinese Nationals moved from 5/1/11 to 9/1/11; and EB3 for WW moved from 1/1/15 to 2/15/15; and the F2A category moved from 9/1/13 to 10/1/13, except Mexico which stayed at 8/8/13. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).

May 12, 2015

USCIS Teleconference – National Spanish-Language Engagement (Enlace) – 5/20/15

by Kellie N. Lego

The U.S. Citizenship and Immigration Service (USCIS) will be presenting a national Spanish language Enlace session. ENLACE stands for ENgaging LAtino Communities for Education and it will take place on Wednesday, May 20, 2015, from 3:30 pm to 5:00 pm (EST).

The Enlace session will include the following:

– USCIS agency updates;

May 11, 2015

MVP “Immigration Q & A Forum” – This Friday, May 15, 2015

by Kellie N. Lego

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, May 15, 2015. Act now and submit your questions!

May 8, 2015

USCIS Alerts Nepali Nationals to Available Immigration Relief Measures

by Kellie N. Lego

USCIS has released a News Alert highlighting some of the available immigration relief measures that may assist eligible Nepali nationals. The country of Nepal was devastated by a magnitude 7.8 earthquake that hit on April 25, 2015.

Immigration relief measures that may be available upon request include:

• Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;