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MVP Law Group
News You Can Use
February 2015
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10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044
240-390-0600
1-800-447-0796
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Greetings,
"Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists."
-- Franklin D. Roosevelt
President Obama has made great strides for the Immigrant Community during his Presidency, yet, the fight continues - millions of proponents of Immigration Reform will continue to push forward so that the common sense policies announced on November 20, 2014 actually come to fruition. We have a BROKEN IMMIGRATION SYSTEM with no sound Legislation or action from Congress seeking to change it!
On February 17, 2015, a day before Extended DACA was to be implemented by the USCIS, a Federal Court Judge in Texas temporarily blocked President Obama's Executive Actions specifically concerning Extended DACA (removing the Age Eligibility), and DAPA, Deferred Action for Parental Accountability. 26 States opposed President Obama's actions as they deemed them overreaching and unconstitutional - Our history as a Nation has already put that argument to rest - take a look at our Blog Post, "Executive Grants of Temporary Immigration Relief, 1956-Present."
On February 24, 2015, the Department of Homeland Security (DHS) issued the Final Rule allowing Certain Spouses of H1B Nonimmigrant Visa holders to obtain Employment Authorization. Finalizing this extension of employment eligibility was an important element of the November 20, 2014 Executive Actions announced by President Obama. Prior to this announcement, all Spouses of H-1B workers were not allowed to work. Beginning May 26, 2015, spouses of H1B nonimmigrants who have started the Green Card process and have either received an I-140 approval, or have otherwise been eligible to extend their status beyond the 6th year in H-1B visa status pursuant to AC21, will be allowed to apply for Employment Authorization, they will finally have the ability to financially contribute to their family and the US economy.
Yet, tomorrow, February 27, 2015 at midnight, DHS will temporary shutdown, allowing only 'essential' employees to continue working unless Congress reaches a decision to fund the budget for DHS beyond 2/27/2015. This impending partial shutdown will have a significant impact on our economy and the US as a whole, not just the immigrant and nonimmigrant community. DHS is comprised of several sub-agencies, including U.S. Immigrations and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP), among many others (DHS Organizational Chart).
In other immigration news, the U.S. Department of State (DOS) Visa Bulletin for March 2015 is now available. The cutoff date movement is consistent with earlier predictions. The cutoff date for the EB2 category for India moved from 9/1/05 to 1/1/07 and EB3 made a small movement from 12/22/03 to 1/1/04. The cutoff date for the EB2 category for Chinese Nationals moved form 3/15/10 to 9/1/10 and the cutoff date for the EB3 category for Chinese Nationals moved form 9/1/11 to 10/22/11.
Don't forget, MVP Law Group is now accepting cap-subject H1B cases for FY2016. Although cap-subject cases cannot be filed before April 1st, there is a great deal of work that goes into preparing the strongest case possible for filing. All of this work must be done in advance, so that the H1B petition package can be filed as early as permitted under the law. By beginning early, it is possible to avoid some of the rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached. If you have questions, we have answers. Contact us today to discuss them!
We hope you continue to read our newsletter as well as our blog in order to stay in touch and obtain important information concerning changes to the regulatory environment and new trends in the adjudication of petitions.
Kellie N. Lego, Esq.
MVP Law Group, P.A.
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DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses
USCIS Director Le�n Rodr�guez 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:
Read more |
Reminder - FY2016 H1B CAP - Another Very Short Season Expected
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
Read more
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About Our Law Firm
MVP Law Group, P.A. offers Business Immigration Services to Employers and Individuals World Wide. We deal primarily with Business Immigration by assisting clients in obtaining Temporary Work Visas; Preparing and Filing Employment Based and Family Based Immigrant Petitions; Aiding Lawful Permanent Residents in Attaining Naturalization; and ensuring compliance with Immigration laws by conducting internal audits for businesses in all industries.
U.S. Immigration Law is federal in nature (i.e., No State or provincial law is involved), therefore, our firm is able to provide U.S. Immigration Law Services to clients ANYWHERE in the United States and around the World.
MVP Law Group, P.A. 10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044
240-390-0600 1-800-447-0796 Keep In Touch With Us!   
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| PERM Processing Priority Dates (As of 2/26/15)
| PROCESSING AREA |
MONTH |
CALENDAR YEAR |
| Analyst Reviews |
Sept. |
2014 |
| Audits |
June |
2013 |
| Requests for
Reconsideration |
Feb. |
2015 |
| Gov't Error Appeals |
Current |
n/a |
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| MARCH 2015 VISA BULLETIN The Department of State has released its latest Visa Bulletin. As projected by the U.S. Department of State, the March 2015 Visa Bulletin shows the EB2 date for nationals from India moved from 9/1/05 to 1/1/07; the EB3 date for nationals from India made a small movement from 12/22/03 to 1/1/04; the EB2 for Chinese Nationals moved from 3/15/10 to 9/1/10; the EB3 for Chinese Nationals moved from 9/1/11 to 10/22/11; and EB3 for WW moved from 1/1/14 to 6/1/14; and the F2A category moved from 5/8/13 to 6/22/13, except Mexico which moved from 4/22/13 to 5/22/13. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs). Read more |
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MVP LAW GROUP - Immigration Q&A Forum
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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: 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.
Answer 1:
If you are already the recipient of an approved I-140 for the EB3 preference category, if eligible you may be able to upgrade to EB2; however, the process requires starting from the beginning of the GC process - with the test of the US Labor market, followed by the filing of the Labor Certification. At the I-140 stage, you would file under EB2, and make a request for the USCIS to recapture your earlier priority date in EB3 and apply that towards your I-140 EB2. Question #2 - Green Card
I am in the process of applying for my Green Card. Is it OK for me to switch jobs? Answer 2: Read more
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