OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

Last Sunday, February 22nd, I watched the 87th Academy Awards with millions of other viewers across the world. It was nearly over with only one award left to be given, the Oscar for Best Picture. Actor Sean Penn was brought out as the Presenter and he quickly opened the envelope! He then stated, “Who gave this son of a bitch his green card?” as he presented Mexican Director Alejandro Gonzalez Iñarritu the Oscar for Best Picture for “Birdman.”

Iñarritu got the last word by dedicating the Oscar to his fellow Mexicans! In the last line of his acceptance speech he stated, “I just pray they (immigrants) can be treated with the same dignity and respect of the ones that came before and built this incredible, immigrant nation.”

The “Birdman” director later told reporters about Penn’s joke, “I found it hilarious. Sean and I have that kind of brutal relationship where only true friendship can survive.” I will say one thing about Penn’s off color joke; at least it got us to think about how immigration affects all of us!”

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.

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Wednesday, February 25, 2015 between 3:00 to 4:00pm (EST). The subject of the event will be a “Dialogue with USCIS Director León Rodríguez” and will include his introduction and a Q&A session. León Rodríguez was confirmed by the U.S. Senate in June and sworn in on July 9, 2014, as the new director of USCIS. For more information on this teleconference please review the Meeting Invitation.

Event Information:

DATE: Wednesday, February 25, 2015 TIME: 3:00 – 4:00 pm (EST)

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Question 1: Employment Based Immigration

Can I change my I-140 from one category to the other without being penalized? I am on EB-3 but want to change to E-B2.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 2/11/15 with processing dates as of 12/31/14.

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)

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, February 20, 2015. Act now and submit your questions!

The U.S. Customs and Border Protection (CBP) process over 100 million international air travelers to the United States each year. They have released four new videos to help improve the international traveler’s experience. These videos are available in many different languages on the CBP web site. Acting Assistant Commissioner for Office of Field Operations, John P. Wagner stated, “These new videos will inform visitors and citizens on CBP procedures so travelers know what to expect prior to arriving in the United States.”

The four videos are:

Know Before You Go – This video provides advice for U.S. citizens traveling abroad.

President Obama announced a new series of executive actions related to Immigration on November 20, 2014. The first part of these executive actions, (Expanded) Deferred Action for Childhood Arrivals (DACA) will be available beginning February 18, 2015. The USCIS will begin accepting applications on 2/18/2015 and not any time before. Below is a summary of USCIS’s guidelines for the new program.

(Expanded) Deferred Action for Childhood Arrivals (DACA) program

Who

The Fiscal Year 2016 H-1B season is quickly approaching and has been projected to be another short season. The H1B CAP for FY2015 was reached on April 7, 2014.

Each Fiscal Year (FY), which starts on October 1, 65,000 H-1B visas become available for what is referred to as the “General Cap,” and 20,000 H-1B visas become available for what is referred to as the “Master’s Cap.” Those individuals holding a U.S. Master’s degree or higher may fall within the Master’s Cap; all others fall within the General Cap. The FY H-1B filing season opens six months before each FY, i.e., during the first week in April.

The FY 2016 H-1B Cap season will open on April 1, 2015 with employment beginning October 1, 2015.

Contact Information