Mr. Charles Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State, just announced in a meeting that due to extraordinarily high volume of EB-2 India cases, the Department of State will make the EB-2 India category unavailable until the end of the fiscal year (September 30, 2014) effective immediately as of today, September 10, 2014.  It is important to note that this announcement does not affect the October 2014 Visa Bulletin, which has EB-2 India with a cutoff date of May 1, 2009 and which will be effective as of October 1, 2014.

Beneficiaries of approved H-1B petitions with a 10/1/14 start date may now begin filing their visa applications at U.S. consular posts.

President Obama says he is done waiting for house Republicans to act on Immigration. He says he now plans to act on his own. Obama announced his intention Monday to take executive action.
ABC News.

USCIS announced today that data entry of all FY15 H-1B cap petitions has been completed. USCIS will now begin returning all H-1B cap petitions that were not selected in the lottery.

SEVP guideline for OPT extension during Cap-Gap Period!

SEVP guidance also provides that a student may apply for the 17-month STEM extension during the cap gap extension of OPT. In such a situation, the H-1B petitioner must request the withdrawal of the approved or pending H-1B petition in time for USCIS to effectively accept the withdrawal prior to the October 1st start date so that the student’s status does not change to H-1B.

H-1B FY 2015 Premium processing update!

USCIS will begin premium processing for H-1B petitions subject to the fiscal year 2015 cap, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher.

H-1B FY 2015 Quota update News FLASH!

USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

Visa Bulletin May 2014 Review!

Visa Bulletin for May 2014 is published. Dates more or less stays identical to last month. EB-2 category for India is November 15th, 2004, and EB-3 category shows October 01st, 2003. For all other countries including Pakistan, Bangladesh, Sri Lanka, and many other countries, EB-2 category is current, and EB-3 category falls on October 01st, 2012. Further. for spouses of permanent residents (F2A), priority date is still stuck at September 08, 2013.

H-4 spouses of H-1B workers - Athorized employment!

The Department of Homeland Security (DHS) will soon publish several proposed rules that will make the United States more attractive to talented foreign entrepreneurs and other high-skill immigrants who will contribute substantially to the U.S. economy, create jobs, and enhance American innovative competitiveness.  These proposed regulations include rules authorizing employment for spouses of certain high-skill workers on H-1B visas, as well as enhancing opportunities for outstanding professors and researchers.

H-1B Quota Reached for FY 2015

USCIS announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015.  USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.

Courier Delivery problem with H-1B 2015 Quota packages!

USCIS has informed that USCIS will accept second H-1B petitions for FY2015 H-1B petitions in certain limited circumstances. USCIS provides specific instructions on filing a second petition so that it is not treated as a duplicate filing.

Cap-Gap Extensions

Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the cap-gap period. This is referred to as filling the "cap-gap," meaning the regulations provide a way of filling the "gap" between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students.

H-1B Premium processing

The filing period for H-1B petitions subject to the fiscal year (FY) 2015 numerical cap begins on April 1, 2014. USCIS will start premium processing of cap-subject H-1B petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher, no later than April 28.

April 01, 2014: H-1B Quota begins.

USCIS Notification about Premium Processing for H-1B Cap 2015

USCIS will begin premium processing H-1B cap-subject petitions no later than 4/28/14. USCIS will accept Form I-907, Request for Premium Processing Service during the period that premium processing is unavailable. Petitioners may upgrade a pending H-1B to premium processing once a receipt is issued.

H-1B 2015 / LCA company veification issue with DOL!

The Employers or Law Firms who have not received e-mail notifications when LCAs are certified. Please note, that the certified LCAs may be retrieved by printing directly from the iCERT system. DOL is aware of the issue and is investigating.

H-1B - March 2014. Rght Filing Fees, Right mailing address. Biggest concerns!

Our staff is working diligently on H-1B petitions which we are retained to process for various corporations, and indoviduals. Many things to keep in mind while processing H-1B Petitions, and filing them in a timely manner involves right amount of fees, write checks to "Department of Homeland Security", Make sure that the address you are mailing your petitions is right, which is different for Master Quota, Regular Quota, different service centers, and premium processing. it is as under:
For Direct Mail:
U.S.Citizenship and Immigration Services
California Service Center
ATTN: Cap Exempt H-1B Processing Unit
P.O. Box 30040
Laguna Niguel, CA 92607-3004
For non-United States Postal Service (USPS) deliveries (e.g. private couriers):
U.S.Citizenship and Immigration Services
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
24000 Avila Road, Room 2312
Laguna Niguel, CA 92677

If you are the petitioning employer, and	Mail Form I-129 to
The beneficiary will work temporarily in: AK, AZ, CA, CO, GU, HI, ID, IL, IN, IA, KS, MI, MN, MO, MP, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI, or WY	For Regular Processing H-1B Cap Cases: USCIS California Service Center ATTN: H-1B Cap P.O. Box 10129 Laguna Niguel, CA 92607-1012 U.S. Masters Cap Cases: USCIS California Service Center ATTN: H-1B U.S. Masters Cap P.O. Box 10129 Laguna Niguel, CA  92607-1012 H-1B Extensions: USCIS California Service Center ATTN: H-1B Extensions P.O. Box 10129 Laguna Niguel, CA  92607-1012 I-129 seeking employment in the CNMI: ATTN: CNMI I-129 P.O. Box 10698 Laguna Niguel, CA 92607-1098 All other I-129 Cases: USCIS California Service Center ATTN: I-129 P.O. Box 10129 Laguna Niguel, CA 92607-1012 Courier Address for All I-129s: USCIS California Service Center 24000 Avila Road 2nd Floor, Room 2312 Laguna Niguel, CA  92677 (Please note the type of I-129 in the attention line)	For Premium Processing  Form I-907/I-129 Regular Mailing Address: Premium Processing Service USCIS California Service Center P.O. Box 10825 Laguna Niguel, CA 92607 (Please note the type of I-129 in the attention line)  Form I-907/I-129 Courier Mail Address: Premium Processing Service California Service Center 24000 Avila Road 2nd Floor, Room 2312 Laguna Niguel, CA  92677 (Please note the type of I-129 in the attention line) Form I-907/I-129 E-Mail Address: CSC-Premium.Processing@dhs.gov
The beneficiary will work temporarily in: AL, AR, CT, DE, DC, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, OK, PA, PR, RI, SC, TN, TX, VT, VA, VI, or WV	For Regular Processing H-1B Cap Cases: USCIS Vermont Service Center ATTN: H-1B Cap 4 Lemnah Drive St. Albans. VT 05479-0001 H-1B U.S. Masters Cap Cases: USCIS Vermont Service Center ATTN: H-1B U.S. Masters Cap 4 Lemnah Drive St. Albans. VT 05479-0001 All other I-129 Cases: USCIS Vermont Service Center ATTN: I-129 75 Lower Welden Street St. Albans, VT 05479-0001	For Premium Processing Form I-907/I-129 Mailing Address and Courier Address: H-1B Cap Cases: Premium Processing Service USCIS Vermont Service Center ATTN: H-1B Cap 30 Houghton Street St. Albans. VT 05478-2399 H-1B U.S. Master Cap Cases: Premium Processing Service USCIS Vermont Service Center ATTN: U.S. Masters Cap 30 Houghton Street St. Albans. VT 05478-2399 All other I-129 Cases: Premium Processing Service USCIS Vermont Service Center ATTN: I-129 30 Houghton Street St. Albans. VT 05478-2399 Form I-907/I129 E-mail address: VSC-Premium.Processing @dhs.gov

I-601 WAIVER & PRIOR CRIMINAL OFFENSE!

USCIS   announced  that it will reopen, on its own motion, all I-601A waiver applications that were denied prior to January 24, 2014, solely because of a prior criminal offense. USCIS will review each case within 60 days to determine whether there is reason to believe the prior criminal offense might render the applicant inadmissible, and will re-adjudicate the cases where applicants have not been issued an immigrant visa, consistent with new field guidance.

Crime of Sodomy - Aggravated Felony!

The Board held that adjustment of status constitutes an admission for purposes of deciding removability under §237(a)(2)(A)(iii), and the crime of sodomy by force in violation of the Uniform Code of Military Justice is an aggravated felony. Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014)

FOIA- Status Online!

The DHS Privacy Office has created a consolidated web-based form for submitting FOIA requests to DHS and any of its components. The DHS form does not include CBP FOIA requests, although it provides a link to the CBP FOIA website. FOIA requesters can now check the status of submitted requests and many agencies also provide estimated dates of completion.

Affiliation!

The Second Circuit granted the petition for review and remanded to permit the BIA to make a precedential ruling on whether a duress exception to the material support bar is implicit in INA §212(a)(3)(B)(iv)(VI), and (a)(3)(B)(i)(I). The BIA and IJ had found that the petitioner, a Kurdish citizen of Turkey, gave food and clothing to individuals he knew or should have known were terrorists associated with the Kurdistan Worker's Party.

Detainees Hunger Strike!

According to Huffington Post, ICE recently confirmed that 750 detainees at the Northwest Detention Center in Washington went on a hunger strike on Friday in order to protest the large volume of deportations from the United States and also the conditions at the facility. Of the 1,300 detainees at the facility, these 750 who have gone on strike claim that the protest will last for a minimum of five days.

Asylum Grants to Minor Children - Fifth Circuit decision!

The Fifth Circuit vacated the district court order and remanded, finding that the asylum grants to the three minor children were critical to a determination of whether one or more of the Hague Convention on the Civil Aspects of International Child Abduction's "exception to return" applied.

H-1B Quota Number!

Dear Readers:
Our Law Firm is receiving lots of inquiries about H-1B Master Quota, and Regular Quota. The answer to these inquiries is that Master quota will be 20000, where as regular quota with Bachelor degree requirement is 65000. Master degree should be from US Institution and universities.
Keep reading,
Law Offices of Misbah Chaudhry
www.misbahchaudhry.com

The Boston Globe reports that yesterday, a state official urged lawmakers in Massachusetts to grant driver's licenses to undocumented immigrants, arguing that the legislation would ensure public safety and generate millions of dollars in state revenue.

Dear Readers:
I have always stressed on the need of being Naturalized in a timely manner from a permanent resident status. Unfortunately, sometimes residents, get involved in situations, by mistake, or by being at the wrong place, at the wrong time, that they are charged with some criminal charges. When these aliens, residents go to criminal attorney, and get convinced to plea guilty to the charges, without even understanding the immigration consequences of the guilty plea, they end up being in great problem with Immigration authorities.
Please make sure that you consult with an immigration attorney, if you get involved in any of the criminal situations.
www.misbahchaudhry.com
Email: lawoffices@misbahchaudhry.com
Tel: (281) 870-1300

The court remanded, finding that the petitioner suffered direct persecution on account of being a landowner of means who refused to cooperate with the Revolutionary Armed Forces of Columbia (FARC) when the FARC threatened and kidnapped her father. (N.L.A. v. Holder, 3/3/14)

The Third Circuit vacated and remanded, concluding that immigration detainers issued pursuant to 8 CFR §287.7 are voluntary requests and cannot compel state or local law enforcement agencies to detain individuals for suspected immigration violations.

As of 2/28/14, USCIS receipted 37,908 beneficiaries toward the 33,000 H-2B cap for the first half of FY2014. This count includes 35,145 approved and 2,763 pending beneficiaries.

The court vacated and remanded, concluding that immigration detainers issued pursuant to 8 CFR §287.7 do not compel state or local law enforcement agencies (LEAs) to detain suspected noncitizens subject to removal pending release to immigration officials. (Galarza v. Szalczyk, 3/4/14)

FY 2015 H-1B is around the corner. Our Law Firm has already started gathering up paperwork, reviewing the transcripts, and requesting for evaluation. Further, we at Law Offices of Misbah Chaudhry has started getting Employer companies verified by ICERT system.

If you are prospective employee or employer companies, and interested in getting H-1B petition done, you can contact us at www.misbahchaudhry.com. Email us at lawoffices@misbahchaudhry.com, or pick up the phone and call us at (281) 870-1300.