Tuesday, March 25, 2014

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.

Thursday, March 20, 2014

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.

Wednesday, March 19, 2014

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, andMail 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.

Tuesday, March 18, 2014

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)

Thursday, March 13, 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.

Wednesday, March 12, 2014

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.

Tuesday, March 11, 2014

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.

Friday, March 7, 2014

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

Thursday, March 6, 2014

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

Wednesday, March 5, 2014

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.

Tuesday, March 4, 2014

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.