H1B Amendment related precedent decision: On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated: When H-1B employees change their place of employment to a worksite location that requires employers to certify a new Labor Condition Application for Nonimmigrant Workers (LCA) to the Department of Homeland Security, this change may affect the employee’s eligibility for H-1B status; it is therefore a material change for purposes of 8 C.F.R. §§ 214.2(h)(2)(i)(E) and (11)(i)(A) (2014). When there is a material change in the terms and conditions of employment, the petitioner must file an amended or new H−1B petition with the corresponding LCA. This precedent decision represents the USCIS position that employers are required to file an amended petition before placing an H-1B employee at a new worksite. SEE http://www.uscis.gov/news/alerts/uscis-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision
H1B Cap related: As everyone who is impacted by the annual H1B cap process knows by now, that between 4/1/15 to 4/7/15, USCIS received 233,000 H-1B petitions against a cap of 85,000. So the USCIS ran a lottery. By now, they have pretty much mailed out all the receipt notices for the lottery winners. If our law office hasn't advised you about a receipt notice then the its because we have not received any receipt notice for your H1 cap case as of today but we haven't started receiving the official lottery rejection notices either. The receipt notices have pretty much trickled to a halt and have stopped coming in. It is probably a sober realization that you haven't made the H1 lottery but we will know for sure once we receive the official rejection letter for your specific case.
I-129 H1B extension Premium Processing has been temporarily suspended by USCIS from 5/26/15 to 7/26/15. Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015. See http://www.uscis.gov/news/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions
Member of American Immigration Lawyers Association (www.aila.org)
Established in 1995, THE KHOSLA IMMIGRATION LAW GROUP, P.C., is a full-service corporate business immigration & family immigration law firm. We are engaged exclusively in the representation of individual and corporate clients in H-1B, H-4, L-1A, L-1B, L-2, TN-1, TN-2, TD, E-3, B1 and/or B2 matters, assistance to F1 students for F1 OPT/CPT, and representation of employers and sponsored beneficiaries for the US Permanent Residency (Green Card) process under PERM (EB2/EB3) and under Extraordinary Ability Alien, Outstanding Researchers, and National Interest Waivers petitions (EB1/EB2) matters, as well as related AC21 Portability matters, Naturalization (N-400), and including Family Based Green Card filings for all our returning clients and new clients.
We also represent numerous individual clients each year in Family Based Green Card cases (I-130, I-485, K1 fiancee) as well as Citizenship/Naturalization (N-400) and Green Card renewal issues, and these are cases that typically emerge from our professional client base or referrals from our existing clients. We accept new clients and welcome our old clients who come back to us when they become eligible for filing their Naturalization applications, as well as new Family Based Green Card filings for their immediate relatives and other family members of US Citizens.
In 2015, this law firm has entered into its 21st year in business as a boutique business immigration law firm representing corporate clients, individual clients and their family members for work visas, student visas, business and visitor visas, employment and/or family based green card applications and citizenship filings.
We take great pride in our commitment to excellent client service by providing an outstanding legal work product, very reasonable fees and payment structure, rapid turnaround times, careful attention to clients, and timely updates on the latest developments in the area of immigration law. We also take great pride in the knowledge that all our core support personnel, case managers and paralegals have been with the law firm for over 15 years, and our clients truly appreciate these long associations with the same caring professionals over several years as their cases progress through the immigration system.
The law firm's principal attorney, Mr. P. Michael Khosla, enjoys a nationwide reputation amongst the core business immigration client community throughout the United States, for the personal attention and dedication to the cases he handles, a genuine compassion towards his clients, intelligent and strategic lawyering, an outstanding track record of winning cases, and a reputation for rapid responses to his clients’ emails throughout the entire representation period for issues related to their immigration cases. Since 1995, Attorney Khosla has successfully handled over 20,000 immigration cases over a wide spectrum and of varying levels of complexity, with a virtually 100% success rate.
During the course of the past (almost) two decades, this law firm has steadily grown to a point where it currently represents hundreds of corporate and individual clients each year, in business immigration matters for professional employment, and select family based GC matters, in all 50 states in the United States, and the law firm's foreign-born clientele has originated from over 60 different countries. The law firm's portal on the Internet, www.usimmigration.net has been in existence since 1995, making it one of the oldest immigration lawyer websites.