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H-4 Work Permit

admin — Mon, 18 May 2015 20:34:35 +0000

Who can get the work permit?

Spouses of H-1B. The H-1B individual needs to have: (1) and Approved I-140 and (2) Maintain his or her H-1B status.

The H-4 person needs to also maintain his or her H-4 status

So this is not spouses for recent arrivals who just has H-1B and has not started the Green Card (Permanent Resident Card) process yet. Note L-2 can apply for work permit immediately upon entry into the US.

When can the H-4 apply ?

Starting from May 26, 2015. Citizenship and Immigration Service will reject applications filed before this date.

Is this a sure thing?

This is under the Executive Action which is being currently challenged in Court. So this is not 100% sure. To date Citizenship and Immigration Service has not released any new forms or regulations

Documents: These would probably be the necessary documents
1. Copy of marriage certificate (with English translation)
2. Copy of children’s birth certificate, if any
3. Copy of H-4 approval and/or Visa page
4. Copy of H-1B spouse’s H-1B approval
5. Copy of H-1B spouses I-140 approval
6. Three Recent paystubs of H-1B spouse
7. Two passport size pictures of H-4 Employment Authorization Document applicant

Please contact Houston Immigration Attorney, Annie Banerjee for more details

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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Public Displeasure With Immigration Misses Benefits That Newcomers Bring

admin — Tue, 24 Feb 2015 11:06:17 +0000

Polls have consistently shown that a majority of Americans are dissatisfied with the nation’s immigration levels. A majority of those who are dissatisfied call for a decrease in immigration levels. Concerns over immigration levels in the United States usually focus on the purported negative impact immigrants have on the nation’s labor market and entitlement programs. Plenty of evidence, however, points to the exact opposite reality.

The latest Gallup Poll shows that 60 percent of Americans are dissatisfied with immigration levels in this country. That figure is up six percentage points from 2014, but lower than the high-water mark of 72 percent, which was set in 2008.

The timing of the record dissatisfaction level is telling. In 2008, the nation sank into its worst recession since the Great Depression, with unemployment swelling, businesses failing and a swooning stock market battering retirement savings. As a result, advocates for reduced immigration frequently repeat that immigrants (supposedly) flood a weak labor market and thus make it harder for Americans to find work. They also claim that immigration booms depress wages, and that immigrants lean heavily on social services such as welfare.

There may be a limited truth to effects on the labor market and social services, but the impact is decidedly short-term. The longer-term impact of cutting immigration levels would be much greater — and overwhelmingly negative. According to the White House, the U.S. economy would lose $80 billion in economic output, the nation’s deficits would grow by $40 billion over the next 10 years, and the Social Security Trust Fund would be shortchanged $50 billion if the estimated 11 million undocumented immigrants are not granted a path to citizenship.

By contrast, a 2013 Center for American Progress study concluded that providing legal status to undocumented immigrants living in the United States would increase the gross domestic product by $832 billion over 10 years. In addition, researchers predicted that the total personal income of all Americans would increase by $470 billion during the same period.

Especially now that the U.S. economy has revived, with unemployment levels dropping to pre-recession levels, the increasing demand for labor has not always been satisfied. The agricultural sector, with its heavy reliance on immigrant farm workers, and the technology sector, with its demand for highly skilled foreign-born workers, are two notably hard-hit industries.

But perhaps the biggest argument for immigration concerns the long-term need to keep the nation’s entitlement programs financially sound. A shrinking labor pool is bad enough, but one that is aging at the same time is even worse. The U.S. population itself is aging, but the nation has been very good at attracting young immigrants to help balance the labor market, to increase payments to entitlement programs such as Social Security and to keep retirement ages from being raised even more than they already have been.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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Potential Human Migration Caused by Climate Change Pressures International Conference Attendees

admin — Fri, 23 Jan 2015 11:12:23 +0000

Climate change represents a slew of looming global crises: the destruction of ecosystems, extinction of species and rising sea levels, just to begin. And a warmer planet can also be expected to cause upheavals in human settlements that will lead to mass migrations from heavily impacted countries and thus, often, immigration into countries less adversely impacted.

Migration induced by weather phenomena is nothing new in the history of the planet. In 2008, for example, 20 million people were displaced by extreme weather events. By comparison, in the same year, 4.6 million people were forced to relocate due to conflict and violence. And when one analyzes a longer period of time, gradual environmental changes can have an even greater impact; in the last 30 years, to take one example, 1.6 billion people have been affected by droughts.

And the forecasts for future migrations blamed on the weather are bleak. Indeed, it has been estimated that there will be 25 million to 1 billion environmental migrants by 2050, with 200 million migrants being the most frequently cited figure. Whatever the eventual total turns out to be, these environmental migrants will be moving either within their own countries or across borders on a permanent or temporary basis. Strikingly, the 200 million figure is equivalent to the current estimate of international migrants in the world.

Immigration motivated by climate change was high on the agenda at the 20th Conference of the United Nations Framework Convention on Climate Change, which was held in Lima, Peru on December 1-12, 2014. At the Lima conference, nearly 200 countries met and drafted an agreement on climate change. By its terms, every participating nation will be required to produce, in the next six months, a detailed domestic policy plan for reducing emissions of planet-warming greenhouse gases from hydrocarbons such as coal, gas and oil.

While the Lima agreement is set to be signed in Paris in December 2015, the new country-specific plans under the accord will not be enacted until 2020. Most climate experts estimate that at best, the actions will cut emissions by about half of what would be needed to halt a 3.6-degree Fahrenheit rise in temperature.

To put that temperature in perspective, scientists say that, at a 3.6 degree increase, the planet will experience irreversibly dangerous effects, such as melting sea ice, rising sea levels, extreme weather events, and food and water shortages — all of which will trigger mass migrations of people as well as environmental degradation.

U.S. Secretary of State John Kerry, who attended the Lima conference, expressed guarded optimism over the accord that was reached: “Nobody here thinks an agreement will be a silver bullet that eliminates this threat. But we can’t get anywhere without an agreement.”

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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Though Beneficial, Obama’s Immigration Initiative Will Have Limited Economic Impact

admin — Mon, 22 Dec 2014 11:57:03 +0000

When signing his executive order on immigration November 21, President Barack Obama bypassed Congress, initiating a long sought reform. But evidence suggests that the reforms will benefit some sectors more than others, and may even be the source of increased competition in the labor market, marginalizing the overall effect on the U.S. economy.

The last time there was a significant overhaul of the immigration rules in the United States was under the Reagan administration in 1986. The 1986 Immigration Reform and Control Act granted approximately 1.7 million undocumented persons lawful permanent residency. In addition, it permitted roughly 1 million farm workers to apply for higher legal status, an impact that the current administration’s reform could emulate.

Studies have found that the 1986 law raised the incomes of the erstwhile undocumented workers, but much of the increase was due to newly naturalized farmworkers finding work in better-paying jobs such as in construction or manufacturing. By the 1990s, just 4 percent of the farm workers were still employed in the agricultural sector. Shifts into other sectors resulted in wage gains of between 5 percent and 16 percent among former farm workers who had gained legal status.

Some groups, such as the Center for Immigration Studies, see the sector shifts resulting from the 1986 law as deleterious to the labor market if repeated by the 4 million to 5 million undocumented immigrants President Obama’s executive order will benefit. According to this critique, the Obama initiative will result in increased competition in the U.S. job market, affecting many citizens still unemployed or underemployed in the wake of the Great Recession.

Because the president’s executive order will be limited in scope, the White House estimates that it will boost the gross domestic product by less than 0.1 percent over the coming decades. Had Congress enacted the measure that the Democratic-controlled Senate passed last year, but died in the Republican-controlled House, it would have added another 0.33 percent per year in GDP growth, according to the Congressional Budget Office.

While the business community is generally supportive of immigration reform, the technology sector believes the president’s executive order falls short of helping essential skilled immigrant workers. That is because the Obama plan, though streamlining some of the rules governing the H-1B visa for skilled workers, does not lift the annual cap of 65,000 such visas.

Congressional action, not executive action, would be required to lift the ceiling on H-1B visas or other visas tailored for the immigration of foreign entrepreneurs, and to put in place comprehensive changes that a future president would be unable to reverse, as one could with Obama’s executive order. In order for immigration reform to have a more substantial positive impact on the U.S. economy, Congress would have to do what the president has implored it to do for years: pass a bill.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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Central American Immigration Debate Overshadows Stranded Spouses of Legal, H-1B Visa Workers

admin — Mon, 18 Aug 2014 22:15:17 +0000

As the emotionally charged national debate over immigration roils communities across the United States, the much-reported movement of thousands of undocumented children across the U.S.-Mexican border into this country has become the latest flash point of discussion.

While the children’s attempts to reunite with family members in the United States has garnered much attention and opened a new subject for discourse, another example of divided immigrant families, working through legal immigration, has been largely overshadowed.

Since October 1, 2013, some 57,000 children, mostly from Honduras, El Salvador and Guatemala, have made their way from their countries — all of which are plagued by drug-trade-fueled violence — through Mexico and illegally into the United States in an attempt to reunite with relatives here. Most of the children have been caught by U.S. authorities and are being housed in temporary emergency shelters, pending a determination of their status. Several of the emergency shelters are in Texas, which has become immigration’s ground zero for these children from Central America.

And Texas is also is the hub of another phenomenon caused by immigration — the significant number of people who have entered the United States legally with an H-1B visa to work, but whose spouses have not been permitted to join them. The federal government grants 85,000 H-1B visas per year to highly skilled workers from overseas. Most work in the technology sector, with 70 percent in computer technology alone. Twenty thousand of the annual H-1B visas are reserved for immigrants with advanced degrees from U.S. universities and colleges.

Many of the spouses of H-1B visa workers are also well-educated, but no matter their credentials, they are not automatically permitted to accompany their spouses into the United States. Of those H-1B visa workers in computer technology, 26 percent of the men and 76 percent of the women are married, but in 2013, only half of the eligible spouses joined these workers in this country.

These statistics do not even account for the children of H-1B visa workers who have been left behind in India and other countries.

Spousal separation adds yet another dimension to the debate over immigration that policymakers Washington may have to address.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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In Texas, Nominal Political Allies Stand at Odds Over Immigration Reform

admin — Wed, 23 Apr 2014 22:30:08 +0000

How generous should Washington, D.C. be in granting work-related visas? A largely conservative camp argues that immigrants displace American workers. In general, conservative mindsets will not favor a a standardized, government-sanctioned flow of foreign workers into the United States.

But the agriculture industry, a powerful constituency generally aligned with conservatism, resoundingly advocates for immigration reform. And that rural call is perhaps loudest in Texas.

The American Farm Bureau Federation and the Texas Farm Bureau, its local chapter, have repeatedly ventured to Capitol Hill this year to lobby for immigration reform. They call for legislation that would provide a pathway to citizenship for undocumented immigrants, similar to a bill that passed the U.S. Senate in 2013. The agricultural sector has been full-throated in its support of what it perceives to be its interests, especially since the timing of the immigration debate coincides with an important debate over a new farm bill. Whether through price supports or through a guaranteed flow of immigrant farm workers, agricultural supporters are hoping to protect their farms.

“Let’s just cut to the chase on this thing: 85 percent of the agricultural labor that goes on in the state of Texas … is done by either undocumented or illegally documented people,” said Steve Pringle, legislative director for the Texas Farm Bureau. “If and when that labor supply is not there, that production simply goes out of business.” Representatives for the Texas Farm Bureau are among the most avid supporters of immigration reform.

However, if one considers the importance of the agricultural sector in the overall economy of Texas, the farm lobby’s stance acquires a more general appeal.

Agriculture’s importance to the Lone Star State’s economy is quite clear:

Texas ranks second in the nation for total agricultural receipts (behind California)
Texas is first in the nation for total livestock and livestock product receipts, which includes 20 percent of the nation’s beef cattle and its largest concentration of sheep
As the nation’s top producer of cotton, Texas accounts for 29 percent of U.S. cotton revenues
Texas is the third biggest producer of nursery and greenhouse products as well as a leading producer of various grains, fruits and nuts

The increasingly noticeable rift between the agricultural sector and conservative political figures has grown at home as well as in Washington. Indeed, all the leading candidates for statewide offices (including lieutenant governor and agriculture commissioner) have been have been diametrically opposed to the position on immigration reform supported by the Texas Farm Bureau.

“Let’s just put it this way,” Pringle said. “We are finding conservative Republicans less and less supportive of agriculture.”

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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History Suggests That Immigration Reform Has Good Prospects in Election Year

admin — Fri, 14 Feb 2014 23:47:29 +0000

The role of politics can never be underestimated during the voters’ dance on Capitol Hill that spins legislation. As Congress enters another election year, conventional wisdom would say that immigration reform may be one of the political game’s most high-profile issues still standing without a resolution — except that history has tended to belie that conventional notion.

The general population of the United States has shown a long-term, marked resistance to the relaxation of immigration standards. This prevailing sentiment has, at times, translated into overtly anti-immigrant manifestations. Historically, these stances have been most pronounced during economically distressed times. In such circumstances, nativist groups lobby for restrictions to immigration on the premise that a restricted or eliminated flow of immigrants would help to preserve the dwindling number of jobs for Americans.

With the emergence of the Tea Party movement and the evidence of its strength within the Republican Party in recent years, many Republicans — afraid of being “primaried” by a more conservative Tea Party acolyte — have proclaimed their conservative bone fides on such sensitive issues as abortion, taxes and immigration. This phenomenon also tends to keep compromise-minded legislators from straying far from the conservative line.

But past statistics seem to suggest that election-year pressures may not be as pivotal as they are touted to be — at least not on the issue of immigration.

If one were to review the record over the last 50 years (a period that includes some of the most contentious immigration legislation passed in American history), it would become quite evident that election-year status has little bearing on the passage of legislation on immigration. Indeed, of the 81 immigration laws enacted during the five-decade-long period, 70 percent were passed in the same year in which a congressional election was scheduled.

It may seem counterintuitive that the prospects for immigration reform are better in an election year. But with the vast majority of immigration laws focused on such election-salient issues as the economy and law enforcement, immigration is quite magnetic as a running platform for an officeholder.

With the electoral environment more conducive to members of Congress running on immigration reform, perhaps it should be unsurprising that on January 30, 2014, House Speaker John Boehner, R-Ohio, promulgated a set of principles his caucus adopted that is more flexible and accommodating of an overhaul of the nation’s immigration laws.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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Start preparing for the H-1B visa now

admin — Mon, 10 Feb 2014 22:23:07 +0000

The H-1B season is fast approaching. Every year the Citizenship and Immigration Service grants 65,000 H-1B visas plus 20,000 H-1B visas for students holding Master’s or a higher degree from an US university. The government’s year starts on October 01, and the Citizenship and Immigration Service accepts applications from April 01. Last year more than this number was filed on April 01. Thus the Citizenship and Immigration Service had a lottery and only the lucky ones got the visa. We expect the same this year.

However before we can file the H-1B visa, we need to file an labor condition application with the Department of Labor. This process usually takes about 1 week at least for a recurrent employer, and may take 2 weeks for an employer new to the H-1B visa system. This time can double during late March when the Department of Labor typically receives an avalanche of new cases.

Also because of the increased demand for H-1B visas and the finding of large scale fraud on the part of employers, the Citizenship and Immigration Service expects a large volume of documents. This is particularly true of computer consulting companies and small businesses. And it is always better to submit all documents in the front end, so that the officer has a favorable opinion.

Thus the time to start preparing for the H-1B visa for the fiscal year 2015, (starting on October 01, 2014) is right now.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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State Capital at Vanguard of Immigrant-Rich, Vibrant Texas Economy

admin — Thu, 30 Jan 2014 00:21:05 +0000

Austin has hitherto been known for the Statehouse, the University of Texas and a booming, tech-based economy. As a financial and cultural center, the city has long stood in the shadows of cities like Houston and Dallas-Fort Worth.

But in recent years, the Lone Star State’s political epicenter has come of age economically and culturally. Immigration has been a prime engine behind the growing cosmopolitan character of the state capital.

While higher percentages of foreign-born residents still fill the populations of Houston and Dallas (composing 28 percent and 25 percent, respectively), foreign-born Austin residents now make up 20 percent of their city’s community.

Austin’s figure is greater than either Fort Worth (17 percent) or San Antonio (14 percent) can claim. Austin even beats the statewide percentage of foreign-born residents (16 percent) and the national figure (13 percent).

The breakdown of the foreign-born population is rich, too. 66 percent of the group is from Latin America, 24 percent from Asia and 6 percent from Europe.

Immigrants from Asia belong to Austin’s fastest-growing demographic group, boasting a 60 percent growth rate in the last 10 years — three times the rate of overall growth in the city. The dynamic high-tech sector attracts a large number of these Asian immigrants, many of whom seek an education or who already have the skills and education in great demand in the technology industry.

But the healthy economy has not been limited to Austin, nor has its benefits been enjoyed by immigrants only. Indeed, a low-tax, low-regulation environment throughout Texas has spurred growth across the state. That fact, in itself, has been the prime reason why immigrants — both native- and foreign-born — have been drawn to the Lone Star State.

While it may be counterintuitive to think that high immigration would be compatible with low unemployment, the unemployment rate in Texas stands at 6.2 percent — lower than the national rate of 7 percent — even as the percentage of foreign-born residents in the state has risen from 15.7 percent in 2006 to 16.4 percent today.

And when the foreign-born get to Texas (or elsewhere) and settle in, they spend money. It has been estimated that U.S. immigrants from Asia and Latin America possess approximately $2 trillion in purchasing power, which translate into homes, cars and other big-ticket items that help to stimulate the economy and create jobs.

In Austin, much of the rationale for spending among immigrants in the local economy is linked to either the tech industry or to higher education.

“We’ve long had an international community, and it’s very much been tied to the University of Texas,” said Ryan Robinson, an Austin demographer. “That’s huge.”

A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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The House’ Immigration Deal

admin — Fri, 13 Dec 2013 21:19:00 +0000

Joe Biden, and even President Obama supports the House’ piecemeal approach to Immigration. And this is because Immigration is simply too complex an issue. While I completely understand the frustration that most illegal people face, being in this country, working for years, a quick comprehensive bill, supported by one party can never be the solution to this complex problem.

According to Bob Goodlatte, R Va, head of the House Judiciary Committee, used to practice Immigration law. He will give Immigration a top priority in 2014. Among the pieces he will be looking at will be visas for high skilled workers, Ag workers E-Verify and securing the border. Once employers are hiring legal immigrants, the border is secured, and the high skilled (H-1B) and Ag workers (H-2B) here legally, and the country has a need for them—is taken care of, we can talk about the dreamers. And although the Dreamers were brought into this country as kids, and have known no other country, most of them have merely a high school diploma, and little skill beyond that to get a job. To have given them a path to citizenship in 13 years as the President wanted, while Master’s Degree holding legal individuals, with job, born in India currently takes 14 years to become a citizen would simply not be fair.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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Foreign Nationals in U.S., Impacted by Upheaval at Home, Have Immigration Options

admin — Thu, 12 Dec 2013 23:50:50 +0000

When a tropical cyclone brings havoc to a heavily populated region of the world, or a disputed election triggers massive protests in a country, it would be normal for one to suppose that the people most directly impacted by these life-changing major events are those in the countries that suffer the resulting socio-economic upheaval. However, such cataclysmic red-letter dates in human history can also adversely affect those foreign nationals from impacted countries whose immigration status in the United States is not entirely settled. But those who fall into this category do have remedies available under the law that can help them maintain their immigration status.

Foreign nationals who are in the United States from countries that have been experiencing civil unrest or that have been hit by a natural disaster such as a typhoon or earthquake have options. The U.S. Citizenship and Immigration Services spells out specific options that may apply for these individuals, including:

An extension or change in an individual’s nonimmigrant status in the United States;
An expedited process for adjudicating and approving requests to authorize off-campus employment for those students with F-1 status who are experiencing severe economic hardship;
An expedited process to petition for the immigration of immediate relatives of lawful permanent residents and U.S. citizens with current priority dates;
An expedited process for authorization of employment when deemed appropriate.

The federal government considers the aforementioned options to be temporary relief measures for those deemed eligible. In many cases, these options can prove to be a lifeline when political chaos or a severe environmental disaster has disrupted an immigrant’s ability to return to their native country as planned, or has caused economic distress for an immigrant and his or her family residing in the United States. In such circumstances, it behooves eligible immigrants to be aware of their rights and to avail themselves of the remedies available to them under the law.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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An Increase in H-1B Raids: Information for Employers

admin — Thu, 07 Nov 2013 02:39:42 +0000

Immigration advocates report that there has been an increase in raids of H-1B businesses by the Office of Fraud Detection and National Security (FDNS). Employers are expressing alarm and confusion about what steps they should take. First of all, know that these raids are commonplace and not necessarily a cause for alarm. You can take steps to ensure the raids disrupt your workplace as little as possible.

If you are an employer, you should have your files accessible for all of your H-1B employees. The files should have the LCA, a note of when the LCA was posted, the current wage determination and a copy of the H-1B petition. All employers should be prepared for officers entering their premises to conduct a raid. They typically do not need a warrant and do not give prior notice. The inspecting officer may have a copy of the H-1B petition for reference. The officer will inspect the premises and request to speak to whomever signed the petition and he or she will interview the beneficiary. Questions asked may include details about the job description, employment dates, dependents, supervisory situations, colleagues, etc. Copies of the H-1B beneficiary’s W-2, pay records and the company’s quarterly wages, tax records and other documentation may be requested for examination.

If you are subject to a raid and inspection, you may call your attorney and request that they be present via the phone while the raid is occurring. Company employees should not hazard guesses and give any officials information about the H-1B petitions; it is better to say that the knowledgeable staff member is not on the premises than have incomplete information given to officials.

Get the name, title and all pertinent contact information of the site investigator. Take notes of questions asked and answered, and make sure there is a witness present for any interactions.

If the H-1B beneficiary is working at a client site, there should be immediate contact to inform the end user that there may be a site visit. The end user should know who is an H-1B employer and be made aware of the assignment terms. The end user may wish to have the employer or a representative present during any upcoming site visits.

If you have any concerns about impending site visits or H-1B employment status issues, please contact Houston immigration lawyer Annie Banerjee for more details.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

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Immigration Reform

admin — Thu, 17 Oct 2013 21:03:00 +0000

The shutdown proves that we are a deeply divided country. And the ONLY reason that the Republicans gave in is because their constituents, big business said no to them. It was survival for them, an economic necessity.

When it comes to immigration and the shutdown, the media seems to harp upon how people waiting in line was affected. But Citizenship and Immigration Service was open, and legal people had NO EXTRA wait time. The shut down merely hindered illegal people.

The media never paid attention to businesses. Business lost immensely because they could not file transfers of H-1B visas. The Department of Labor was closed. Before filing the H-1B visa, the Department of Labor has to certify that the beneficiary is being paid a fair wage. The Department of Labor was closed. Professionals who were reaching the end of their stay could not file PERM- Labor Certification or H-1B extensions. These individual came into this country legally, and perform professional services mainly in sectors where not enough qualified US Citizens exist.

Yet the Democrats have made immigration into an illegal Mexican issue. However it will be up to the Republicans to champion their side. During the passing of the Affordable Care Act, the Republican just chose not to participate. As a result we have a one party Act, which does not address for instance, tort reform. Even though tort reform is a State issue, the federal Government could easily have limited it under the Act. Ambulance chasing law suits add to useless and expensive tests that greatly increase health care costs, and will continue to do so. But the tort lawyers support Democrats. Lets not make Immigration a one party law.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

The post Immigration Reform first appeared on SEONewsWire.net.

When Government Reopens

admin — Thu, 17 Oct 2013 17:31:00 +0000

Yes, the Government is back up, but not their web site. When the Government shut down, it took them 2 seconds to shut everything down and go home. Now that they are supposed to show up for work again, they are forming their “post shutdown” schedule.

We are monitoring the progress and will let you know when the web sites go up again. Meanwhile H-1Bs cannot be filed without certified labor condition applications.

PERM- Labor Certification website is still down.

Any package that we sent to Department of Labor was held by fedex, and will be delivered today.

Any question that you might have as to how long it will take has one answer: “who knows”. Hopefully shortly. Hopefully labor condition applications and Prevailing Wages will be adjudicated swiftly.

With that in mind, we are sending advertisements for quotes.

Once the web sites are back up, employers can register for PERM- Labor Certification again, and file labor condition application. And yes, we will file all the PERM- Labor Certifications waiting us.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

The post When Government Reopens first appeared on SEONewsWire.net.

When Government Reopens

admin — Thu, 17 Oct 2013 17:30:00 +0000

We are monitoring the progress and will let you know when the web sites go up again. Meanwhile H-1Bs cannot be filed without certified labor condition applications.

PERM- Labor Certification website is still down.

Any package that we sent to Department of Labor was held by fedex, and will be delivered today.

With that in mind, we are sending advertisements for quotes.

Once the web sites are back up, employers can register for PERM- Labor Certification again, and file labor condition application. And yes, we will file all the PERM- Labor Certifications waiting us.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

Author : Buffer, Inc
Website : http://bufferapp.com/diggdigg –>

The post When Government Reopens first appeared on SEONewsWire.net.

When Government Reopens

admin — Thu, 17 Oct 2013 17:30:00 +0000

We are monitoring the progress and will let you know when the web sites go up again. Meanwhile H-1Bs cannot be filed without certified labor condition applications.

PERM- Labor Certification website is still down.

Any package that we sent to Department of Labor was held by fedex, and will be delivered today.

With that in mind, we are sending advertisements for quotes.

Once the web sites are back up, employers can register for PERM- Labor Certification again, and file labor condition application. And yes, we will file all the PERM- Labor Certifications waiting us.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

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E‑Verify Program Showing Improvement, Concerns Remain

admin — Wed, 16 Oct 2013 11:00:26 +0000

A new report released by the U.S. Citizenship and Immigration Services indicates that there is increased accuracy in the previously glitchy E‑Verify program.

The E‑Verify program is designed to electronically verify new hires to ensure that they are legally authorized to work in the U.S. A Westat report was run to evaluate how often a “Tentative Nonconfirmations” or TNCs and a “Final Nonconfirmations” or FNCs were erroneously issued to workers. A TNC may occur when an employee’s government records and I-9 information conflict. A TNC notification must be contested by the worker. An FNC notification may occur when that worker does not contest the TNC. The report concluded that the number of “erroneous TNCs” dropped in some areas, including for U.S. citizens. But the number of erroneous TNCs has not dropped for permanent residents and some other non‑U.S. citizens.

The Westat report found that the rate of E‑Verify erroneous TNCs in 2009 was 0.3 percent, on a decline, but the decrease has been attributed to the erroneous TNC drop of 0.2 percent for U.S. citizens. The rate of erroneous TNCs for permanent residents was 0.7 percent, and 4.2 percent for employment‑authorized noncitizens. The overall rate for noncitizens who had erroneous TNCs was an unyielding 1.5 percent. The report found that the program’s overall accuracy rate was 94 percent, as measured by the number of workers who accurately received FNCs. The report found that the error rate was mostly attributable to a failure of employees to inform employers that they had a TNC, or a failure to explain adequately the TNC process. The breakdown in the information system is what often led authentically authorized workers to receive FNCs.

Currently, E‑Verify is a voluntary program in most states, though it is mandated in some places, including for some federal contractors. It is uncertain when or if E-Verify will be implemented nationally; the topic is currently before Congress. It is possible that as many as one million workers authorized to work may be erroneously given a TNC, which is expected to put a significant strain on employers. If the system becomes mandatory nationwide, extensive systems will need to be put into place by employers to adequately address issues as they arise and ensure that employees are aware of the process and how to address TNCs.

The federal law currently requires employers to employ workers who are legally cleared to work in the U.S., either as legal citizens, or as foreign citizens with formal authorization to do so. E-Verify is a system put into place to identify workers who may not have legal authorization to work.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

Author : Buffer, Inc
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Government Shutdown will not affect most Immigration cases

admin — Tue, 01 Oct 2013 16:07:00 +0000

Please note that the Government shutdown due to the budget impasse does not affect Citizenship and Immigration Service. Citizenship and Immigration Service operates with the filing fees of petitions, and does not rely on any Government funding. Just like the Postal service, the Citizenship and Immigration Service will run as usual, with the same number of staff. This means that your business and family immigration case will not be affected. It will not take longer to process due to Governmental shutdown.

All individuals should go for their interviews and fingerprinting as usual.

The icert (labor condition application, filing before H-1B) and PERM- Labor Certification systems operated by Department of Labor is also running. The Department of Labor has said its “expected” to operate. However in the event that the impasse continues for a long time, and their funds run out we will not be able to operate their web sites. Right now there is no indication of a Department of Labor (Foreign office processing) will shut down. However if the shutdown is prolonged, we will not be able to file new labor condition applications or PERM- Labor Certifications or audit answers. Right now, we have to operate as usual.

Department of State will try to stay open as much as possible, but again, might close if the shutdown is prolonged. Right now there is no report of any consulates being closed.

The Customs and Border patrol will also operate as usual. So will Transportation Security Agents at ports of entries.

In the Immigration arena, the only type of cases already affected is deportation cases. The courts will only hear detainee cases. Other cases are being temporarily stopped.

For more detailed information, please go to:

http://www.whitehouse.gov/omb/contingency-plans

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information.

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Visa Status Alternatives Can be Quite Complex

admin — Fri, 27 Sep 2013 05:20:25 +0000

Though getting an H-1B status after a long petition is the usual desired outcome, it pays to look at all options. The annual cap on the number of visas and the unknown, “lottery” aspect of being awarded a visa means that many employers and hopeful employees are forced to look at possible alternatives. It may even happen that when the H-1B visa is approved, you may prefer one of your alternatives and may not wish to make use of it, as then changing your status to H-1B is often a drawn-out and rocky process..

As a prospective employee, you may be sponsored into the U.S. by multiple potential employers for a change of status. Multiple sponsors would increase one’s chances of success, in theory. But if multiple petitions are selected for the lottery and are approved, that individual now has multiple I-94s issued, all with the same start date of October 1. The employee may join the employer of his or her choosing, and must maintain that visa status. Concurrent employment should be discussed with an immigration attorney to ensure that there is correct filing with the USCIS.

If you are a prospective employee, your employer may have filled out an H-1B petition which requests a change of status for an L-1 status foreign national, or someone who is otherwise a nonimmigrant. The petition must be filed in April for a start date of October 1. You may not hear again from the prospective employer and assume that they H-1B petition was not approved, and then hear after the October 1 start date that it was approved when you receive a work request. This happens quite frequently. An employer may hold onto authorization for a variety of reasons, or communications go awry.

Unfortunately, if you fail to join the H-1B employer on the start date of October 1, it is considered a status violation. Additionally, work you perform for your L-1 employer after October 1 is considered unauthorized employment.

If an individual’s status has changed and they wish to continue in their prior status, they may be advised informally to leave the U.S. and then return to the U.S. in their preferred status. The general wisdom is that returning will cause an individual to be issued a new I-94 at their port of entry. However, there are numerous risks with this approach and the many issues that can occur during travel. It is strongly suggested that you or your employee consults with an experienced Houston immigration attorney before deciding that this will solve any visa status issues.

A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.

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Denying L-1visas does not make Fiscal Sense

admin — Thu, 19 Sep 2013 21:38:00 +0000

As Capitol Hill debates the country’s financial crisis, California and Vermont Service Centers have increased their denials of Inter Company managerial transferees of foreign businesses to US on the L-1A visa. The Government narrowly focuses on the fact that their job needs to be managerial, and cannot be performed by Managers in companies that have low number of employees.

In recent non precedent decision, the Administration Appeals Office reversed a decision of the California Service Center to deny an L-1A for a new Company opened 12 months ago which had 2 other employees. It belonged to a publicly traded foreign Company. The Manager also supervised foreign Companies’ employees and had a profit of 600,000/- for the first year of operations. The AAO held that the Manager has to manage “primarily” as in 51% of his time.

One can completely understand the rationale that a small company can fail, and thus extending a visa might lead to someone staying illegally here. However, if there is a large foreign company backing, if the US Company is making money, what is the rationale behind the denial simply because the company employs 2-3 employees. The nature of many companies have changed. Computerization has reduced and eliminated a large number of low level employees. And the manager manages and procures business. If we deny these companies the right to do business, ultimately we lose the taxes. Even one US job, is one US job, and the Government cannot simply take that job away at a time when unemployment reigns high.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

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The Senate Judiciary Committee Agrees On H-1B Changes

admin — Wed, 31 Jul 2013 05:34:34 +0000

The Senate Judiciary Committee has agreed on a new deal for high-skilled workers in need of a visa. The H-1B visa has been at the center of a long-running debate between U.S. employers and unions. There are 65,000 H-1B visas, primarily used by the high tech sector based in California. The high tech industry has been clamoring for more H-1B visas for foreign-born workers with advanced degrees to enter the United States, while U.S. unions generally have opposed bringing in outside employees when the unemployment rate across the nation is still so high.

A compromise was hammered out by Senators Orrin Hatch (R-UT) and Charles Schumer (D-NY) after weeks of work. The Senators agreed to modify the conditions of workers who use an H1-B visa. The AFL-CIO has yet to support their compromise.
Previous suggested amendments have been rejected, including the one from Senator Ted Cruz (R-TX) which would have boosted the annual number of H-1B visas to 325,000 from 65,000.

The bipartisan Group of Eight proposed that the current number of H-1B visas go to somewhere between 110,000 and 180,000; the number is dependant on the needs of the U.S. economy continuing to improve and the fluctuating needs of the labor force.

The Senate Judiciary Committee also rejected an amendment requiring that audit companies use H-1B workers.

H-1B visas are intended for foreign workers with advanced technical skills and post-college degrees, such as engineers, scientists, computer programmers and journalists. Companies in the high-tech sector have been pushing for more H-1B visas even before 2008, when the U.S. economy tanked. They argued that the quota of H-1B visas was too small for their hiring needs; the quotas were regularly filled within hours of applications being accepted between 2004 and 2007. In 2007, the applications were filled in under 24 hours.

The H-1B is what is known as a “non-immigrant visa,” used by the U.S. as part of the Immigration and Nationality Act, section 101(a)(15)(H). The H-1B gives employers in the country the ability to temporarily employ workers from foreign counties in specialty occupations.

If someone is working with an H-1B status and quits or is fired by the sponsoring employer, that worker must find new employment, apply for and be granted a change of status to another non-immigrant status, or leave the United States. They must have, at least, a bachelor’s degree or its equivalent and state licensure.

A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.

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Texas Lawmakers are Helming the Nation’s Immigration Debate

admin — Thu, 18 Jul 2013 23:34:26 +0000

The state’s 26 Republicans have been on Capitol Hill, attempting to unify one plan for the country’s immigration laws. But the opinions of the Texas lawmakers can be as diverse as those of the entire nation.

While Texas Senator Ted Cruz is one of the many vocal critics of the Senate bill (he has called it “a disaster” on Rush Limbaugh’s radio show), Messrs. Carter, Cornyn and Johnson have stated that they believe the bill is workable, though they want to push for stricter border-security measures. Many GOP colleagues have been asking for a set of individual bills which together would patch together a comprehensive plan for the immigration system.

Immigration reform is an ongoing political issue for Texas, due to the population issues, say Texas immigration advocates. Non-Hispanic whites are in the minority in Texas, one of just four U.S. states in which that is the case. Texas has close to 2 million undocumented immigrants within its borders, behind only California. According to state GOP leaders, the demographics of Texas were the leading factor in pushing Texan Republicans to helm immigration issues long before those in other states where it is not as pressing of an issue for their own state’s constituents.

Last June, the Texas Republican Party altered its platform, removing the call for automatic deportation for undocumented immigrants, drafting a comprehensive temporary-worker program.

While Mr. Cornyn has pushed for an amendment containing such a strict border security plan, some Democrats have said its inclusion would cause them to lose faith in the bill. Meanwhile, Texas Governor Rick Perry has stated in an interview that he believes a more serious effort to secure the country’s borders would help the general population put more faith in Washington’s stance on immigration.

Senators Bob Corker (R., Tenn.) and John Hoeven (R., N.D.) injected a compromise amendment to the Senate bill. Known as the “Corker-Hoeven version,” the revised bill retains most of the language of the one drafted by the bipartisan Group of Eight, with an additional 119 pages, including a proposal of funding for at least 700 additional miles of fencing, aerial surveillance of the area and twice as many border patrol agents as planned – from 20,000 to 40,000. These additional amendments will add significantly to the estimated $6.5 billion border security budget.

Next, the 1,000-page immigration Bill, S.744, goes to the House.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

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Senate Judiciary Chairman Leahy Supports Gay Immigrant Rights

admin — Thu, 27 Jun 2013 05:32:13 +0000

Senate Judiciary Chairman Patrick Leahy has pushed an amendment to grant full immigrations rights to LGTB couples.

Leahy told the news site, Politico, in a recent interview that at least one dozen U.S. states now legally recognize same-sax marriage. It does not make sense, Leahy said, for the federal government to help one married couple with immigration issues, but not another, simply based on their same-gender marriage.

One of the amendments backed by Leahy includes green cards for a foreign-born partner of a gay or lesbian U.S. citizen. Another amendment would give green cards only to a foreign-born partner if the couple is married.

Leahy stated that his goal is a fair and transparent process when it comes to the changes to immigration law, and for all people for whom it is important to get their say about those changes. In addition to the LGTB amendments, Leahy stated that the “trigger” issues are a number of border security benchmarks which must be agreed upon prior to allowing the more than 11 million undocumented immigrants apply for legal status. But critics are concerned that the compromise crafted by the Gang of Eight does not adequately address real border security issues and have countered with much tougher amendments.

The trigger encompasses extensive, new border fences; an agreed-upon, operational border security plan; the E-Verify system which would allow employers to check on the citizenship status of existing and potential employees; and a tracking system for both entry and exits at seaports and airports. Leahy said that he hopes any controversy is not enough to derail the important bill. Though the issues are serious, he said, they really should not be bones of contention. If the Senate truly wants an immigration bill, they will agree upon amendments to improve it and vote on them. Only people who really do not want a workable immigration bill, he said, will raise amendments with the intention of stalling it.

Currently, for married heterosexual couples, the spouse of a U.S. citizen can get immigration benefits, but the noncitizen of a same-sex couple cannot get the same benefit. This is due to DOMA, the Defense Of Marriage Act, a federal law which defines legal marriages as between one man and one woman. DOMA is currently under review in front of the Supreme Court. Will the majority of Justices strike down DOMA or will LGTB equality come into the country through the federal “side door” – immigration rights for same sex couples? We will know soon enough.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

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New Immigration Reform Bill Would Open Up Foreign Work Visas

admin — Thu, 13 Jun 2013 10:31:24 +0000

A new immigration reform bill is written to favor those who enter the U.S. with employment visas rather than family visas.

A new Senate immigration reform bill is poised to shift the U.S. immigration system to better help those immigrants who enter the country with an employment-based visa. According a senior policy analyst with the Migration Policy Institute, the employment-based immigration caps placed on other countries would be eliminated. Currently, no country can send more than 7 percent of their total visa allotment within a one-year period to the U.S. The limit for each country has been set at 7 percent of the total visas; the other 97 percent have been allotted as family visas, but that figure would be raised to 15 percent.

This limit has greatly hampered countries such as China and India who have large number of qualified immigrants, but who cannot get their U.S. visas because their country reaches the cap so quickly.

Under the new bill, that cap would be raised to 15 percent, which open the employment pathways for immigrants from China and India, but, as critics are quick to point out, that loss of a cap also means the U.S. may see a less diverse group of immigrants. Advocates say the cap may mean more employment immigrants from Mexico and the Philippines.

The bill will also allow some additional ways to gain employment-based “green cards,” including a merit-based visa. A merit-based visa would allow some workers in the U.S. on a temporary visa to become permanent residents and then citizens, based on a point system. Points are allotted for education, family, work history English-language fluency. The merit-based visa system would be put into place to clear the immigration backlog, and run for an estimated five years.

The program would then have 120,000 visas for new immigrants every year, evenly split between higher-skilled and lower-skilled workers, with a skill-specific point system. Higher-skilled workers would be allotted points for post-graduate education and entrepreneurship, while lesser-skilled workers would be allotted points for U.S.—based family and for the household’s primary caregiver. For both higher- and lower-skilled visas, points are heavily awarded for already being employed in the U.S. The merit-based system is designed to be able to expand, based in large part on the U.S. unemployment rate, with a cap of 250,000 visas per year.

A second tier of the merit-based program has also been proposed; it would help undocumented workers who have been employed in the U.S. for 10 years or more to transition to permanent status.

A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.

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Homeland Security Secretary Napolitano Supports Immigration Bill For Security

admin — Fri, 31 May 2013 12:27:55 +0000

According to Homeland Security Secretary Janet Napolitano, comprehensive immigration legislation is a way to increase U.S. security. Napolitano stated that she believed heightened security via new legislation would assist authorities in determining who is in the U.S.

Napolitano testified at a recent Senate Judiciary Committee hearing, where she stated that a comprehensive bill now with Congress earmarks additional funds to better secure the nation’s borders, establishes employer verification for employee identities, and launches newly designed systems which will track residents when they leave the U.S. Napolitano believes the new bill will help streamline the route for the 11 million undocumented immigrants to become legal citizens. While critics argue that the proposal will only reward people who have broken the law, Napolitano countered that in order to better protect the country, it makes sense to have everyone be accounted for – even illegal immigrants. If people know they will be able to interact with law enforcement officers without the automatic assumption that they will be deported, it will increase their ability to report crimes and come forward if and when they witness anything of concern.

The secretary’s support for legislation included testimony that meeting the drafted border security goals would be the first step in the path to citizenship. Sen. Lindsey Graham, R-S.C., authored the bill, and stated that he was also looking at amending the bill to require more stringent background checks for those immigrants flagged as “higher risk,” including immigrants who come to the U.S. requesting asylum. Napolitano has stated that the current U.S. asylum has a number of stringent safeguards which have been put in place over the past four years, including extensive interviewing and vetting, a comprehensive database system, fingerprinting and an additional vetting system when green card legibility is granted.

Critics of the bill stated that it may not better secure U.S. borders and do much to change the number of undocumented immigrants who come to the U.S. every year. Iowa Republican Senator Chuck Grassley expressed concern that the bill’s border security provisions would not actually do much, as millions of immigrants now in the U.S. illegally would be granted provisional legal status, without further investigation. Critics pointed out that immigration services and the FBI failed to properly check Boston bombings suspects Tamerlan and Dzhokhar Tsarnaev, brother who first came to the US a decade ago. It is now suspected that Tamerlan Tsarnaev traveled to and from Russia, but a spelling error on his passport kept him from being flagged for further investigation. Napolitano countered that the new system would include electronic scanning, which would eliminate that sort of error from happening again.

A. Banerjee is a Houston immigration attorney in Texas. Before selecting an lawyer, contact the Law Offices of Annie Banerjee by visiting their website at http://www.visatous.com.

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H-1B vs EAD

admin — Thu, 30 May 2013 18:04:00 +0000

Question: I have filed my I-485 petition and have my work and travel permit. Do I still need to continue my H-1B?

I get asked the above question a lot. And the answer like most things is, “it depends.”

Since the Department of State advanced the current dates for Indian and Chinese individuals in 2007 and then EB-2 towards the end of 2011, a lot of people filed for adjustment of status (I-485). Along with that filing they got the initial Employment Authorization Document and advance parole (travel document). Those documents can be extended yearly until one gets the Green Card (Permanent Resident Card). So technically one does not need the H-1B

Please note though that once you don’t extend the H after 6 years of being in H status, it disappears. You cannot extend it anymore. If you want to get back to the H quota, you will have to go back for one year, then you will have to wait for the next fiscal year, and might have to get into the lottery which happens some years, including this year. In other words its close to impossible to get back the H status if you don’t keep extending beyond 6 years.

The work and travel permits are dependent on the I-485. This is applicable to the principal alien filing the I-485, ie the person for whom the employer filed the Labor Certification. As long as the I-485 is valid (ie the Employer still wants to continue the process) there should be no problem. The problem arises though when the sponsoring employer does not want to sponsor anymore.

However if the principal alien has a new employer after 180 days of filing the I-485, that new employer can transfer the Green Card (Permanent Resident Card) process through AC-21. The job has to be “same and similar” to the job described in the labor certificate. In this situation, the I-485 will be valid for the principal and the dependent aliens as well.

If it happens to be a job in a completely different area, the new employer can start a whole new process of PERM- Labor Certification. The principal alien will still get the old Priority Date, but in this case the I-485 will no longer be valid. And if the principal and dependent aliens don’t have a valid H-1B visa, they cannot do this.

The bottom line: The H-1B visa provides a second layer of security and should be extended if cost is not a consideration. However if cost is a factor, one needs to do a cost-benefit analysis.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information

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When Lawyers try to bribe

admin — Fri, 24 May 2013 19:41:00 +0000

Why does it always have to be Indian lawyers? Usually lawyers who are foreign graduates, and usually Indians.

They try to bribe Immigration officers. Just like they did in India.

Kiran Diwan, an attorney from the Law office of Dewan in Maryland recently got indicted on charges that he tried to bribe (an undercover) CIS agent for 3 of his clients. He took money and faked a marriage for two of his clients, and probably faked the signature of the employer in Employment based visas. Then he submitted these documents to the Immigration Officer rather than by proper mail channels that is regular with the CIS.

I remember being asked by an Immigration Officer, for an interview (at the Houston District Office) I had with my clients once, “you are not going to bribe me with tickets to the music show?” When I looked horrified that the officer would suggest such a thing, he said, he was joking with me, but that the previous Indian attorney had offered him tickets to a musical show that she performed in. Although the officer did not say the name of this attorney, I completely believed him, because there is an attorney in Houston of Indian origin who sings.

This attorney may or may not be trying to bribe the officer, but of course was trying to get friendly with him. As Immigration lawyers, and in order to ensure and uphold due process must not become friends or have any social connections with the officers who adjudicate these cases. The same is true for judges.

And while I am at it, Texas elects all its judges. And lawyers give “campaign contributions.” Is not campaign contribution a form of bribery?

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information.

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H-1B Visas Cap Now Met Faster Than Ever

admin — Sun, 12 May 2013 09:27:06 +0000

U.S. immigration attorneys have cautioned that 2014′s quota of 65,000 H-1B “specialty occupation” visas may have all been assigned in just one week this past April.

Any employer based in the U.S. who wants to employ a specialty occupation foreign worker is required to apply to the US Citizenship and Immigration Services (USCIS) for an H-1B visa. If granted, the H-1B visa is issued to the worker. Typically, the worker will need to have, at minimum, a bachelor’s degree. They may also have an advanced level of skill which would be considered “degree equivalent” via their previous experience, training or somehow otherwise qualified.

H-1Bs visa have a three-year term and can be renewed once for an additional three-year term. H-1B holders are also able to apply for permanent residency status (commonly known as a “green card”) while they are in the States, if they meet the requirements. They can apply for an extension of their H-1B visas while waiting to have their permanent residency application processed.

The cap for the number of H-1Bs visas which are granted annually has stayed at 65,000 since 2004. For years prior that 2004, the number of visas issued was frozen at 195,000. Some 20,000 H-1Bs are granted to Ph.D. and Masters’ degree holders from U.S. colleges and universities. The US Citizenship and Immigration Services (US CIS) will be accepting H-1B applications in April of each year for the year which starts the following October. In other words, applications for 2014 will cover the year that starts in October 2013, and will be accepted as of April 2013.

The cap of 65,000 has been reached faster every year: in 2010, the applications cap was reached by December, 2010. In 2011, the cap was reached by January, 2011. For 2012, the cap was reached by November, 2011, and for 2013, the cap was reached in only two-and-a-half months, by June, 2012. Critics are concerned that the upcoming year’s quota may be reached in mere weeks.

Any individual interested in an H-1B visa is advised to apply as soon as they can. U.S. employers interested in hiring foreign workers with H-1B visas should be aware that the cap will be reached quickly and they should get those applications in quickly, as well.

The Senate introduced the Immigration Innovation Bill in January 2013. It is designed to immediately boost the H-1B cap to 115,000, and allow the number of H-1Bs to rise to as much as 300,000.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

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Travel on H-1B

admin — Tue, 07 May 2013 19:36:00 +0000

Please note that this is advisory ONLY. Anytime you travel, whether you are let in is purely up to the discretion of the CBP officer at your port of entry. H-1B visa stamping is difficult in India, especially for smaller software companies. However if you are not a US Master’s Degree holder and this is your first H-1B stamping, and you are originally from India, you have to go to India for stamping.

There is no way to predict when your regular processing H-1B will be adjudicated. Premium is a safer bet, however upgrading it to premium sometimes incurs a Request for Evidence.

You are a US Master’s student on OPT, and you want to travel. Your H-1B got accepted. Can you travel in June and come back in July?

If you look at your OPT, it says not valid for travel. So its good to have your student’s visa valid in your passport as well. Also definitely have your H-1B on premium and approved when you go. Have a letter from your employer that they are employing you currently on your OPT and intent to employ you on your H-1B, and recent pay stubs. . However there is always a possibility that CBP Officer may want the H-1B visa stamped, especially if this is closer in date to October 01. If you return after October 01, obviously you have to have the H-1B visa stamped on your passport.

You are on H-4 or L-1, applied for change of status to H-1B. Your application got accepted. Now you want to go out of the US?

If there is a pending application with the Citizenship and Immigration Service, the CBP officers will usually not allow you to enter back. Also, if the officer adjudicating your H-1B case finds out that you are not in the United States, then she will not give the change or extension of status. Thus have the H-1B approval before going abroad. However the above principles of not being let in, esp nearer to October applies. And sometimes officers are less forgiving to people who do not have US Master’s Degree.

On another note some L-1s try to file for H-1B just to get the quota, and want to maintain their L-1 status even after October 01. In that case, if the applicant enters after October 01, on his L-1 status, and the I-94 clearly proves it, then yes, L-1 status is maintained. The applicant has to file another change of status application or get the H-1B visa stamped though before he starts work on H-1B.

You are on H-1B and have applied for extension or transfer and want to go out?

The officers will not extend status if you are not physically present in the US. So if travel is urgent, then either upgrade to Premium, or be prepared to get the visa stamped before coming in. If you go out after the approval, if you already have a valid H-1B visa stamped in your passport, you can come in with that, even though you filed for a change of employer, and your new employer’s name is on the I-797 approval form.

Contact Houston Immigration Lawyer , or Houston Immigration Attorney Annie Banerjee, for more information.

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