The Waiting Game: Navigating the 240 Day Rule, H-1B Processing Delays, and Premium Processing

May 26, 2016

by Michael (Chaim) Bergman, Esq. Associate Attorney at The Nair Law Group 8 CFR 274a.12(b)(20) outlines what practitioners, petitioners, and beneficiaries recognize as the “240 day rule” for individuals holding one of several select nonimmigrant statuses that provide work authorization (such as an H-1B). This provision allows for an individual whose status has expired, to continue working for their current employer, pursuant to a timely filed extension of that status (i.e… Read More

24-Month STEM OPT Extension

May 23, 2016

-by Damini M. Patel, Esq. Associate Attorney at The Nair Law Group On May 11, 2016, USCIS’s approved 24-month STEM OPT extension rule will go into effect.  This rule will allow certain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees, and who meet other specified requirements, to apply for a 24-month extension of their post-completion OPT. The 24-month extension will replace the 17-month STEM OPT extension previously available…

Alert : Department of State Re-Issues October 2015 Visa Bulletin and Pushes Dates Back to July, 2009

Sep 25, 2015

It is with great frustration that we inform you that the Department of State has re-issued the October, 2015 Visa Bulletin. As of today, the revised bulletin pushes the priority dates under Chart 2 (Section B. Dates for Filing of Employment-Based Visa Applications) back to July 1, 2009. Therefore, anyone with an EB2 priority date after July 1, 2009 will no longer be eligible to file for an adjustment of status application starting October 1, 2015. Our office is monitoring this new development… Read More

Alert - Possibility of a Government Shutdown on October 1, 2015

Sep 21, 2015

Our office has been monitoring the federal budget negotiations in Washington DC and based on Congress’ inability to pass a budget on time, there is a possibility of a government shut down as of October 1, 2015. Should this come to pass, here are some important points that will affect immigration services: US CIS will continue to operate as usual as they are funded by user fees. However, we can expect to see delays in overall processing. All DOL functions, including LCA processing…

ALERT: October 2015 Visa Bulletin Allows Certain EB2/EB3 Category Holders to File for Adjustment of Status.

Sep 09, 2015

Please note that the new October Visa Bulletin now features two charts for employment-based visa categories.  If a potential applicant is “current” under the 2nd chart, they will be eligible to file for adjustment of status (with accompanying EAD and Advance Parole applications).  These applicants, however, will still be subject to the processing timelines established by the 1st chart on the visa bulletin – meaning their applications will not be adjudicated until… Read More