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  • Ashenberg Law Group

June 2019 Newsletter

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1. Continuation of Worldwide Backlog for EB-1A Green Cards, No Forward Movement for China-Mainland Born Applicants

The U.S. Department of State’s (DOS) most recently released Visa Bulletin for June 2019 shows a continuation of worldwide backlog for EB-1, with no forward movement for China-Mainland born applicants.

As with previous months, USCIS will accept adjustment of status applications based on the “Dates of Filing” charts for family-based cases, and the “Final Action Dates” for employment-based cases.

The June 2019 Visa Bulletin can be found here.

2. USCIS Completes Data Entry of FY 2020 H-1B Cap-Subject Petitions and Begins Premium Processing for Petitions Requesting a Change of Status

On May 17, 2019, USCIS announced that the data entry of FY 2020 cap-subject H-1B petitions has been completed. USCIS will start returning all unselected petitions with their filing fees.

USCIS’ alert can be found here.

Furthermore, on May 20, 2019, USCIS began premium processing for FY 2020 cap-subject H-1B petitions requesting a change of status.

USCIS’ alert can be found here.

If you would like to premium process your change of status FY 2020 H-1B petition now, please follow-up with your employer or attorney to request for premium processing on your case with USCIS.

3. USCIS Uses eProcessing to Accelerate Transition to Digital Immigration Processing

On May 22, 2019, USCIS introduced eProcessing as the means to accelerate USCIS’ transition to a digital business model. eProcessing is a completely digital experience, from submitting applications to communicating with USCIS and receiving decisions. Select visitors and students may now apply online to extend their stay in the U.S. USCIS aims to extend the availability of online filing for all immigrant and nonimmigrant visas in the future.

USCIS’ alert can be found here.




FY 2020 H-1B Cap-Subject Petition Approved in 1.5 Months for Scheduler of a Construction Project Management Company

On May 23, 2019, ALG received notice of our first approval for petitions submitted in the FY 2020 H-1B cap season.

Company P is a construction project management company seeking to hire Mr. Z in the specialty occupation of Scheduler under H-1B status. Mr. Z has a Construction Management degree from a U.S. university.

ALG mailed out Company P's H-1B U.S. advanced degree exemption (i.e. master's cap) petition at the end of March, which arrived at USCIS on April 1, 2019. The petition got selected in the FY 2020 H-1B cap season computer-generated random selection process.

Under regular processing, USCIS approved this H-1B petition within 1.5 months without a request for additional evidence.

EB-1A Petition Approved in 3 Months for Optical Communication Scientist

Mr. H is an extraordinary scientist in optical networks and telecommunication engineering, where his research mainly focuses on key theory and technology of optical waveband switching network. Because of his contributions to and achievements in the optical communications industry, as well as his exceptional ability to integrate his theoretical concepts into the industrial engineering system, Mr. H is recognized as one of the most influential experts in the industry. Given Mr. H’s extraordinary optical networks and telecommunication engineering research skills, ALG filed and obtained EB-1A approval for him as a person of extraordinary ability.

To demonstrate Mr. H’s extraordinary ability, ALG submitted evidence of tens of his published scholarly articles; invitations and results of his work as a peer reviewer for many academic articles; his novel invention of Wireless Sensors and Network Testing Methods that significantly improved telecommunication equipment; his role as leading scientist and key member of national signal and information laboratory; and invited memberships into esteemed international associations for electrical and electronics engineers.

Even with a notice of intent to deny, which ALG attorneys swiftly responded to, USCIS approved this EB-1A petition within 3 months from initial submission.

L-1A Petition Approved in 4 Months for Vice President of International Metal Trading Company Mr. L had been serving as the Deputy General Manager of a successful Chinese metal manufacturing and distributing company for over 4 years and oversaw over 100 employees. The U.S. subsidiary company hoped to transfer Mr. L as Vice President to expand its U.S. business, as well as have him manage 7 employees in 2 different departments in the U.S.

ALG attorneys consulted with Mr. L on the qualifying relationship of the two companies, carefully reviewed all probative documents, and drafted a detailed petition letter to incorporate all the supporting documents to prove the Chinese company’s thriving business and the genuine business need to expand to the U.S. market.

Even with a request for additional evidence, which ALG attorneys swiftly responded to, USCIS approved this L-1A petition within 4 months from initial submission.




ALG's Chris Cheng was a Guest Speaker at the 2019 China-US Restaurant Leadership Summit

On May 11, 2019, the 2019 China-US Restaurant Leadership Summit with the theme “Introducing Chinese Culinary Culture to the World” was held successfully in Pasadena, California.

Group Photo of Select Attendees at the 2019 China-US Restaurant Leadership Summit held in Pasadena, California on Saturday, May 11, 2019.

A number of top restaurateurs, investment and legal experts were invited to the one-day forum to discuss the challenges facing the promotion of the Chinese culinary arts, and also to explore the present and future of food cultural exchange between the United States and China.

ALG was one of the legal experts invited to the summit, where Chris Cheng represented the firm in introducing and explaining the L-1A visa program, as well as sharing with restauranteurs the importance of careful planning and structuring of their businesses to best qualify them for the visa.

Panel Discussion (left to right): Chairman of Guangzhou Zhuowen Space Decoration Design Engineering Co., Ltd. Wenyong Mai, Managing Director of Spice Word Jacky Wang, and Legal Assistant of Ashenberg Law Group, P.C. Chris Cheng speak at the 2019 China-US Restaurant Leadership Summit held in Pasadena, California on Saturday, May 11, 2019.

What to Do in the Face of a Motor Vehicle Accident By David H. Wong, Esq., Of Counsel, Ashenberg Law Group, P.C. With statistics showing that over 37,000 people die in road crashes each year in the U.S., it comes as no surprise that the most common type of personal injury case in the country is due to motor vehicle accidents. If you were injured in a motor vehicle accident, either as a driver, cyclist, passenger, or pedestrian, you may pursue monetary compensation for your personal injuries and financial loss. An experienced attorney will be able to explain in detail the step-by-step process of the claim, as well as assist with any personal injury litigation and complex insurance claims.

Below are a few pointers of what to do if you get into a motor vehicle accident:

  • At the Scene: Exchange insurance information, do not admit fault or provide any statement, do not sign any documents, cooperate with the police investigation

  • File an Accident Report: You are legally required to report the accident if an injury occurs or if damages to vehicles exceed $500; also file a report of the accident with your insurance company

  • Seek Medical Care and Legal Advice: Document all injuries and losses due to injuries; immediately seek legal advice from experienced personal injury attorneysTo avoid unnecessary and/or damaging delays that are critical in properly handling personal injury claims, we highly recommend you seek legal advice from an experienced personal injury attorney as early as possible in the process.

Please feel free to reach out if you have any questions about ALG's services on personal injury cases!

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