9th Circuit Ct. of Appeals Refuses to Reinstate Trump’s Travel Ban

Dear Friends,

Today is a historic moment. The 9th Circuit Ct. of Appeals, the first Appellate court to make a ruling on Trump’s Travel Ban, refuses to reinstate Trump’s Travel Ban.

Read about the ruling here.

The Travel Ban has harmed many immigrants, green card holders and even citizens. Individuals who were U.S. citizens and green card holders were rejected from entering the country based on religious discrimination.

The Travel Ban is only one of many immigration proposed executive orders that affect immigration policy which also affects employers and H1B filings.

This is a victory not only for immigrants but for our democracy because it demonstrates that there are checks and balances that prevent our nation from becoming a dictatorship.

If you have immigration questions contact our office at 916-613-3553. We are here fighting for you through the American Immigration Lawyer’s Association (AILA) and the cases that we file for our clients.

Best,

Kaushik Ranchod, Esq.

Managing Attorney

Good News for Spouses of H1B Visa Holders




H1B Visa Holders

Spouses in the U.S. under H4 status

Announced Last Week: Good News for Spouses of H1B Visa Holders
At Ranchod Law, many of our clients are H1B Visa Holders with spouses in the U.S. under H4 status. Currently, these H4 spouses are not allowed to work legally in the U.S. We at Ranchod Law see this as such a travesty because the spouses of our highly skilled H1B clients often have great skills and excellent educational backgrounds too but their inability to work not only causes their careers to suffer, but it is also such a waste for the U.S. which could be utilizing the H4’s skills and knowledge. Thankfully, this should no longer be the case at the end of this year for some H4 spouses.

The Obama administration announced on Tuesday that new rules will grant work authorization to H4 spouses of H1B visa holders if the H1B visa holder has started the process to apply for lawful permanent resident status (a greencard). Homeland Security officials said they hoped to issue final regulations by the end of this year.

The proposed rule change to allow H4 spouses to work if the H1B holder has started the process to obtain a greencard recognizes the huge backlogs that have developed for employment based greencards. The current wait for most immigrants from India is at least eleven years, with Filipinos waiting as long as seven years, and Chinese immigrants up to six years. It makes a big different to the H4 spouses and also for the H1B visa holders to have the H4 spouses able to work while they wait for their greencards as oppose to waiting idly.

While we are happy and we welcome work authorization for H4 holders whose H1B spouses have begun the greencard process, this still leaves an entire group of H4 spouses whose spouses have yet to begin the greencard process without the ability to work. A broad immigration bill that passed the Senate last year included major changes to the H-1B program, namely a provision that would grant work authorization to the spouses of all H-1B visa holders. Unfortunately, the House has not taken up that bill, and it remains unclear if it will move on any major immigration measures this year.

If you have any question or concerns about the immigration status or yourself or your family or your ability to work legally in the U.S. please contact our main office at (916) 613-3553, we have offices conveniently located in Sacramento and San Francisco. We help clients locally and throughout the U.S. and abroad.

Written by:
Published by: The Ranchod Law Group





















3 Year H1B Extension Process [[VIDEO]]






How does a person on an H1B visa get a 3-year extension? Let’s watch a short video about 3-year H1B extensions:

Remember that you should consult with a qualified immigration attorney before attempting any change in your legal status. Call The Ranchod Law Group today at (916) 613-3553. Our offices are located in Sacramento, Santa Clara and San Francisco, and we meet with new clients daily. We also assist callers from anywhere in the world!

Published by: Ranchod Law Group






















Immigration Process for Doctors [[VIDEO]]






How do doctors immigrate to the United States? Immigration attorney Kaushik Ranchod provides an overview:

Remember that you should consult with a qualified immigration attorney before attempting any change in your legal status. Call us today at (916) 613-3553. Our offices are conveniently located in Sacramento, Santa Clara and San Francisco and we remotely assist clients all over the world.

Published by: Ranchod Law Group






















Can You Stay in the U.S. on a Cap Gap while H1B is Pending?






What if my OPT is set to expire before my H1B takes effect?? Cap gap to the rescue!

If you studied in the U.S. in F status, you are probably familiar with OPT (Optional Practical Training), which temporarily allows you to work in the U.S. in your major area of study. Now what happens if your OPT is set to expire before your pending or approved H1B is set to take effect? This is where cap gap, the automatic extension of your F status until your H1B status takes effect, comes to the rescue! Take the hypothetical of Luisa:

Luisa studies in the U.S. and obtains one year of OPT from April 15, 2013 until April 15, 2014. Luisa, who otherwise qualifies for a H1B, has found an employer to sponsor her for the H1B. The earliest Luisa’s employer can file for the H1B is April 1, 2014 and the H1B won’t be effective until October 1, 2014. So what is Luisa supposed to do from April 15, 2014 (the date her OPT expires) until October 1, 2014 (the date her H1B becomes effective)? Thankfully, immigration regulations allow individuals like Luisa with pending or approved H-1B petitions to remain in F status.

The period of time when an F student’s status and work authorization expire through the start date of their H1B is known as the “cap-gap”. The automatic extension of F status until the start of the H1B is referred to as “filling the cap-gap.” Again, the extension of the F status until the start of the H1B is automatic. In the hypothetical above, Luisa can continue living and working in the U.S. from April 15, 2014 (the date her OPT would have expired if not for the cap gap) until October 1, 2014 (the date her H1B becomes effective).

Now, what happens if USCIS (U.S. Immigration) denies, rejects, or revokes an H1B petition filed on behalf of an individual in F status covered by the automatic cap-gap extension? In that unfortunate scenario, the individual will have the standard 60-day grace period (from the date of the notification of the denial, rejection, or revocation of the petition) before s/he is required to depart the United States. Note that the 60 day grace period does not apply in cases of status violations, misrepresentation, or fraud.

A final common question concerns travel during the cap gap. If you travel outside of the U.S. during your cap-gap extension you will NOT be able to return in F status. Instead, you will need to apply for your H1B visa at a consular post abroad prior to returning.

If you have questions or need help with your H1B or other immigration matters please contact us at (916) 453-3553. If you are in the Sacramento or the Bay Area you can arrange to meet us in one of our offices or, if elsewhere in the U.S., we’d be happy to consult with you over the phone or Skype.

Published by: Ranchod Law Group






















H 1B Cap Numbers Analysis

Immigration Attorney in San Francisco Area Considers Latest Government H 1B Stats

The latest numbers concerning H 1B applications were updated by the USCIS about one week ago. Working as an immigration attorney with many firms and individuals in the San Francisco area who have a stake in this process, I’m always interested in these numbers.

Latest H 1B Numbers

As of the writing of this blog, the latest H 1B numbers see cap eligible petitions at about 28,500. There are 65,000 available. That means that 43.8% of the possible applications have been submitted. The H 1B with a master’s exemption has seen 11,900 petitions. There are a total of 20,000 such petitions available. Translated into a percentage, it looks like 59.5% of those H 1B petitions designated for those holding a masters or higher have been submitted. Continue reading “H 1B Cap Numbers Analysis” »

It’s a Good Idea to Get H 1B Visa Applications In Early

San Jose Immigration Attorney Looks at New Figures in H 1B process

Just a few years ago, the cap for H 1B visa applications would be reached in a few days. The H 1B visa is designed to allow U.S. employers to hire foreign workers for specific types of jobs that demand special skills, knowledge and training. As an immigration attorney, once the process begins, which is April 1, I’ve found that those from the San Jose area and other parts of the state who come to my office are anxious to get their paperwork in before the cap is reached. Continue reading “It’s a Good Idea to Get H 1B Visa Applications In Early” »

Immigration Attorney Looks at Latest on H1B Cap

Immigration Attorney in San Francisco Considers Prospect of Reaching H1B Cap

The figures are coming in and I check them often in my San Francisco office where I serve clients all around the country as an immigration attorney. The figures pertain to H1B petitions and the caps—the 65,000 regular petition cap and 20,000 advanced degree petitions cap. Continue reading “Immigration Attorney Looks at Latest on H1B Cap” »

Immigration Lawyer Report on the 2010 H1B Cap Report

The U.S. Congress has set limits regarding H1B petitions for those in foreign countries who want to come to the U.S. to work and for those in the U.S. with an advanced degree who want to stay in the country and work. As an immigration lawyer with offices in the San Francisco and Sacramento area, I am constantly monitoring the cap.

H1B Employment Offer

For those in foreign countries the minimum educational requirement is a bachelor’s degree or the equivalent. Continue reading “Immigration Lawyer Report on the 2010 H1B Cap Report” »

Questions You May be Asked in your H1B Interview

I know that most H1B applicants get nervous about their interview. As an immigration attorney in Sacramento, San Francisco and Santa Clara we work with individuals seeking employment around the U.S.  Since there is a degree of uncertainty and the interview process is subjective it certainly makes sense that a certain amount of worry will creep into someone’s head.

Types of Questions

You may get questions in four areas—education and experience, the reason for your H1B visa, the company you’re currently working for and the company for which you’re going to work. The point of the interview is to make sure that you meet all of the requirements for a H1B visa, which are focused on your education and training and an offer of employment. Continue reading “Questions You May be Asked in your H1B Interview” »