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Challa Law Offices, PLC
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 April 2011
Greetings!

Please forward this newsletter to persons you think will be interested.

Grand Opening of Our Morrisville, N.C. Office - Wednesday, April 13, 2011

 

We are pleased to inform you that we will be opening a new office to better serve the immigration needs of The Carolinas. We will be open for business on April 13th. Our office is located within minutes from the Research Triangle Park. Our office will be equipped to offer both business and family immigration solutions.

 

The details are as follows:

Challa Immigration Law Offices, PLC

5105 Grace Park Drive

Morrisville, N.C. 27560

919-380-4044

 

FOOD FRENZY!

The Legal Food Frenzy benefiting the Virginia Food Bank is in full swing! You can help Challa Law support the community by dropping cans of food at our Glen Allen location.  To donate on-line, simply visit the following link, select Challa Law Offices PLC from the "Firm" drop down menu, enter Glen Allen under location and enter the requested information. Visit https://www.cvfb.org/default.aspx?tabid=138. Thank you for your support!

H-1B Season Now Open!
 
 U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. USCIS started accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

Read more about the H-1B Fiscal Year (FY) 2012 Cap Season.

Hold On to Your Seats! May Visa Bulletin May Show Advances for EB-2!

 Officials at the US Department of State have predicted that given a decrease in the demand for the EB-1 category, some unused EB-1 numbers may trickle down to the EB-2 category. This means that the priority dates for the EB-2 category may move forward significantly in the May visa bulletin.

What Does This Mean for You?

-      If you have an I-485 application pending, and if you fall into the EB-2 category, you do not need to do anything. Your application will automatically be processed by USCIS if your priority date becomes current.

-      If you have an approved EB-2 I-140 petition, but have not been able to submit the I-485 due to the visa retrogression, check the May 2011 visa bulletin, which should come out in mid-April. It is available at www.challalaw.com, under "processing times." If you see that the priority date is current, please contact Challa Law immediately to initiate your I-485 application preparation. Note that we will not be able to file the I-485 until May 1, but we can begin preparation ahead of time.

-      If your EB-2 I-140 petition is not yet approved, but your priority date will be current as of May, you can also start the I-485 preparation process.

-      If your labor certification is still pending with Department of Labor, you will need to wait for the labor certification to be approved before submitting the I-140 petition, and the I-485 if the priority date is current. However, the DOL is processing labor certifications at a record pace, so it may be approved quickly and possibly in time to file the I-140 and I-485 concurrently before the priority dates retrogress again.

-      If you have not started the permanent residence process and are interested in beginning the process, please contact an attorney at Challa Law Offices.

 In Light of the Natural Disaster in Japan:

 

As a result of the recent disasters that have devastated Japan, USCIS has offered temporary relief measures for certain Japanese foreign nationals.

 

From USCIS:

 

In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.

 

USCIS understands that a natural disaster can affect an individual's ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:

·         The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;

·         Re-parole of individuals granted parole by USCIS;

·         Extension of certain grants of advance parole, and expedited processing of advance parole requests;

·         Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;

·         Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);

·         Expedited employment authorization where appropriate; and

·         Assistance to LPRs stranded overseas without immigration documents such as Green Cards. USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.

 

 

Visitors traveling under the Visa Waiver Program may visit a USCIS local office for assistance.

 

Japanese nationals who are at a U.S. airport may contact the U.S. Customs and Border Protection office there.

 

If you or you know someone that is impacted by these events, feel free to contact our office for assistance.

 

 

US Consulate in Cairo to Resume Visa Services

US Department of State has just announced that the U.S. Embassy in Cairo will resume visa services to the public on April 10, 2011. Vodaphone will contact non-immigrant visa applicants whose appointments were cancelled because of the suspension of visa operations to reschedule their appointments. Applicants may also reschedule a cancelled appointment by contacting Vodafone directly at 0900-70-600 from a landline or 2100 from a Vodafone cell phone.

 

All applicants who wish to schedule an appointment for the first time must follow the instructions on the Embassy's website at http://egypt.usembassy.gov.

Students, exchange visitors, and those with cancelled appointments will be given priority in scheduling. All applicants should understand that it will take time to clear the visa interview appointment backlog. Travelers should not purchase tickets or make other irrevocable commitments until they have received their visas. Should you require further assistance with visa processing in Egypt, please contact Challa Law Offices.

What Is the Proposed Rule on H-1B Employer Pre-Registration?

 

To better manage H-1B cap-subject petitions, the Department of Homeland Security (DHS) has proposed to change regulations regarding the governance of H-1B petitions subject to annual caps, as well as those for people with U.S. master's or higher degrees. The proposed rule would require employers who wish to petition for H-1B workers that are subject to the annual cap to first file an electronic registration with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period.

Under the proposed rule, if USCIS believes that the H-1B cap will not be reached by the first day that such petitions may be filed, USCIS will let all registered employers know that they may petition for H-1B workers on behalf of beneficiaries named in the selected registrations. In such an instance, USCIS will continue to accept and select registrations until the annual cap is reached. However, if USCIS believes that the H-1B cap will be reached by the first day that petitions may be filed, USCIS proposes to close the registration before that date and to, instead, randomly select a sufficient number of registrations to meet the visas that are available for that fiscal year. USCIS proposes to allow only those petitioners whose registrations are randomly selected to file H-1B petitions for the cap-subject prospective worker named in the registration. This means that employers would be required to have specific H-1B beneficiaries in mind before registering. According to the proposed rule, it is anticipated that completing the registration would take approximately 30 minutes. Further, the proposed rule states that the registration "is preferable for petitioners because selected registrations would have a higher probability of receiving an H-1B slot before petitioners would be required to expend the time and expenses necessary to complete H-1B petitions.
It is USCIS's goal, through this proposed rule, to reduce the administrative burdens and costs associated with employer submissions of petitions."

Note that the rule IS NOT in effect now. In fact, DHS is soliciting public comment on the rule through May 2, 2011. This means that the rule will not go into effect before April 1, 2011. Stay tuned for more information!

USCIS's Single Card with Dual Purpose


USCIS has announced that it will be introducing a single card for Employment and Travel Authorization for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. USCIS has advised that the card resembles the current Employment Authorization Document (EAD) but will include text that reads, "Serves as I-512 Advance Parole". The new card is more secure and more durable than from current paper Advance Parole documents. USCIS has also clarified that employers may accept this card as a List A document when completing the Employment Eligibility Verification, Form I-9.

 

Earlier, adjustment of status applicants carried both EAD and an Advance Parole document and now they will carry this one credit card-sized card. Applicants can use these cards to travel and return to the U.S without abounding the pending adjustment application. However, while returning to the U.S. the applicant must present the card to request parole through the port-of-entry. This benefit [i]is only available to applicants who are lawfully present in the U.S.

 

For complete information please logon to: www.uscis.gov

Disclaimer
  
This newsletter has been prepared for general informational purposes only and does not constitute legal advice.  No information included herein shall create an attorney/client relationship or constitute an invitation for such a relationship. This newsletter is not intended to be an advertisement.  You should always seek professional, independent legal consultation before taking or refraining from any action.
Sincerely,
 

Lakshmi Challa
Challa Law Offices
In This Issue
Grand Opening of Our Morrisville, N.C. Office

Food Frenzy!...

H-1B Season Now Openl!...

Hold On to Your Seats!

In Light of the Natural Disaster in Japan...

US Consulate in Cairo to Resume Visa Services...

What Is the Proposed Rule on H-1B Employer Pre-Registration?

USCIS's Single Card with Dual Purpose!...

 Lakshmi Challa's Schedule

 

Will be taking appointments in the Morrisville Office April 14th, 15th, and 16th.

 

Please call you schedule your appointment. 

 

5105 Grace Park Dr.

Morrisville, N.C. 27560

 

919-380-4044  

 

Our New and Enhanced Website 
  
In addition to...
  • Around the clock access and support with our case management system
     

 

You can now...

  • Scheldule appointments online
  • Make payments

See the new updates at www.challalaw.com


Don't Get Caught Off Guard by a DOL Audit
  
Challa Law Offices Offers Training Employer's Obligations Under the H-1B Regulations. 
  
The four-part training session is offered to employers. Special features of the training include:
  • Determining the "Required Wage Rate"
  • Parameters of the LCA
  • Ongoing employer obligations, maintaining public access and other records, and finally
  • DOL enforcement and penalties. 

Contact us if you would like to learn more about the training sessions.

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