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MVP Law Group
News You Can Use
March 2017

10632 Little Patuxent Parkway
Suite 406
Columbia, Maryland 21044

"Our nation is the enduring dream of every immigrant who ever set foot on these shores, and the millions still struggling to be free. This nation, this idea called America, was and always will be a new world - our new world." -- President George H.W. Bush

MVP Law Group, the American Immigration Lawyers Association (AILA), and the American Civil Liberties Union (ACLU), along with Immigration Practitioners across the World are calling on the POTUS to change course on immigration policy and instead work with Congressional leaders on both sides of the aisle to move forward on immigration reform.
Our outdated immigration system has hobbled our economy but these executive orders will not give us the smart balanced immigration system we need. These policies will do little to improve national security and will create enormous delays for people coming to the U.S. These policies will put discrimination based on faith or national origin on the books. We cannot stand idly by and let this happen. This path is not good for our country or the immigrants who call America home.
We will not stand for abridgement of due process or human rights by this or any administration.
POTUS has released the following Executive Orders dealing with Immigration since officially taking Office on January 20, 2017:
Executive Order: Protecting The Nation From Foreign Terrorist Entry Into The United States (Travel Ban 2.0, replaces the January 27, 1ST Travel Ban)
An update on Travel Ban II:
On the eve of the implementation of Travel Ban II, the U.S. District Court for the District of Hawaii issued a temporary restraining order enjoining the government from enforcing or implementing Section 2 and 6 of Executive Order 13780 nationwide, the Travel Ban. (Hawaii v. Trump, 3/15/2017) To obtain a temporary restraining order, a party must convince the judge that he or she will suffer immediate irreparable harm unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order immediately, without informing the other parties and without holding a hearing. On March 29, 2017, the Court granted the plaintiff's motion to convert the temporary restraining order enjoining the government from enforcing or implementing Sections 2 and 6 of Executive Order 13780 nationwide to a preliminary injunction. (Hawaii v. Trump, 3/29/2017) To get a preliminary injunction, a party must show that they will suffer irreparable harm unless the injunction is issued. Preliminary injunctions may only be issued after a hearing. When determining whether to grant preliminary injunctions, judges consider the extent of the irreparable harm, each party's likelihood of prevailing at trial, and any other public or private interests implicated by the injunction. On March 30, 2017, the Government filed a notice of appeal to the Ninth Circuit (Hawaii v. Trump, 03/30/2017) At this time, Travel Ban II has not been implemented.
POTUS is asking Congress for $3 billion in emergency funds for his border security and interior enforcement Executive Orders, which seek to construct a wall along the U.S.-Mexico border; build a deportation force by massively increasing the number of ICE enforcement and removal officers and CBP border patrol agents; and escalate the detention of immigrants, which would benefit private prison companies. These measures are both UN-American and a waste of taxpayer money. We encourage you to Call your Representatives and Senators, regardless of where you live, they should hear from you and know what you won't stand for.

§ 1-866-940-2439 - Representative - Find your Representative here
§ 1-866-961-4293 - Senators - Find your Senators here!
As Immigration Customs and Enforcement (ICE) continue to attack the Immigrant population, local nonprofits could use your support. If you are interested in helping either by volunteering your time or making a monetary contribution, on a nationwide level or locally, please reach out to the following organizations:
*We encourage you to stay tuned to our blog for the latest information related to the Executive Orders issued on Immigration.

In other immigration news, the U.S. Department of State (DOS) Visa Bulletin for April 2017 is now available. The cutoff date movement is consistent with earlier predictions. The cutoff date for the EB2 category for India moved from 6/1/08 to 6/22/08 and EB3 moved from 3/22/05 to 3/24/05. The cutoff date for the EB2 category for Chinese Nationals moved from 12/15/12 to 1/15/13 and the cutoff date for the EB3 category for Chinese Nationals moved from 3/15/14 to 8/15/14.

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.
In This Issue
On April 3, 2017, USCIS will start accepting H-1B Petitions for FY2018

U.S. Citizenship and Immigration Services (USCIS) announced on Wednesday, March 15th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2018 cap on Monday, April 3, 2017. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.


The cap (the numerical limitation on H-1B petitions) for FY 2018 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master's degree or higher are exempt from the fiscal year cap of 65,000.


USCIS recently announced, "USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions".

Read more

Delay in NSC Processing of H-4/EAD Applications Filed with Premium Processing H-1Bs

The Nebraska Service Center (NSC) delaying adjudication of H-4 related I-539 (Application to Extend/Change Nonimmigrant Status) applications and I-765 (Application for Employment Authorization) applications for H-4 Employment Authorization Documents (EADs) that are filed concurrently with H1B petitions for premium processing.


While there is no premium processing available for H-4 or EAD applications, if they are submitted concurrently with a corresponding I-129 H1B petition that includes a premium-processing request, the U.S. Citizenship and Immigration Services (USCIS) typically will adjudicate the H-4 and EAD applications in an expedited manner.  

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




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The Department of State has released its latest Visa Bulletin.
The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: "Application Final Action Dates" (consistent with prior Visa Bulletins) and "Dates for Filing Applications," indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US). 

MVP LAW GROUP - Immigration Q&A Forum

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 eligible to file under EB2, have a willing sponsor, and if you are already the recipient of an approved I-140 for the EB3 preference category, 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 - Employment Based Immigration

Right now, I have an approved I-140 filed by my previous employer and they also submitted my I-485 back in 2014. Since then, I have started employment with another company on my EAD. Can I file an AC-21 Portability letter?

Answer #2 
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