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    Recent Articles Recent Articles

    The Kazarian case - an end to USCIS unlawful rulemaking?

    Ron Gotcher 03-09-2010

    Categories:

    Emp Based: Generally  Emp based: EB1 EA & OR  Gen imm news  H1b: Generally  H1b: Consulting companies 

    When should I consider premium processing for my I-140?

    Ron Gotcher 02-26-2010

    Categories:

    Emp Based: Generally  Gen imm news 

    Dealing with unavailable documents

    Ron Gotcher 02-24-2010

    Categories:

    AOS: Generally  CP: Generally  Gen imm news 

    Adjustment of status and travel

    Ron Gotcher 02-24-2010

    Categories:

    AOS: Generally  AOS: Advance Parole  Gen imm news 

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    The Kazarian case - an end to USCIS unlawful rulemaking? 

    by
    Ron Gotcher
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    Published on 03-09-2010 01:05 PM
    Categories:
    1. Emp Based: Generally
    2. Emp based: EB1 EA & OR
    3. Gen imm news
    4. H1b: Generally
    5. H1b: Consulting companies

    Recently, the Ninth Circuit Court of Appeals once again slapped the USCIS Administrative Appeals Office (AAO) for unlawful ...
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    When should I consider premium processing for my I-140? 

    by
    Ron Gotcher
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    Published on 02-26-2010 04:39 PM
    Categories:
    1. Emp Based: Generally
    2. Gen imm news

    With the return of premium process for almost all types of I-140 petitions[1], many people are seeking to have their I-140s ...
    Read More Read More 2 Comments

    Dealing with unavailable documents 

    by
    Ron Gotcher
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    Published on 02-24-2010 08:48 PM
    Categories:
    1. AOS: Generally
    2. CP: Generally
    3. Gen imm news

    Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations ...
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    Adjustment of status and travel 

    by
    Ron Gotcher
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    Published on 02-24-2010 03:44 PM
    Categories:
    1. AOS: Generally
    2. AOS: Advance Parole
    3. Gen imm news

    The regulations governing applications for adjustment of status make it clear that applicants may only travel abroad under ...
    Read More Read More 6 Comments

    Upgrading to EB2: Can I use the same job? 

    by
    Ron Gotcher
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    Published on 02-17-2010 10:07 AM
    Categories:
    1. AOS: Generally
    2. Emp Based: Generally
    3. Emp based: PERM
    4. Emp based: EB2 adv degree
    5. Gen imm news

    Many people who have already received PERM certification and EB3 I-140 approval are now considering upgrading to EB2. One of the most frequently asked question is whether they can use the same job for the new PERM and I-140. The answer is no.

    An employer may not file a PERM application with different requirements for a position that has already been certified. The new position’s duties must be s ...
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    More on the illegitimacy of the recent USCIS H1b memo 

    by
    Ron Gotcher
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    Published on 02-11-2010 05:01 PM
    Categories:
    1. Gen imm news
    2. H1b: Generally
    3. H1b: Quota issues
    4. H1b: non-quota
    5. H1b: Consulting companies

    Because the language and reasoning of the January 8, 2010 USCIS memorandum on the subject of H1b employer-employee relationships is so convoluted, it is necessary to engage in a detailed analysis to demonstrate, conclusively, the legal and factual errors it contains. Because that memorandum is fatally flawed, it must be disregarded. It is not, after all, a regulation nor does it carry the weight o ...
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    Required Supporting Documents: Proof of Education 

    by
    Ron Gotcher
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    Published on 02-09-2010 03:29 PM
    Categories:
    1. AOS: Generally
    2. AOS: Advance Parole
    3. AOS: EAD
    4. Emp Based: Generally
    5. Emp based: PERM
    6. Emp based: EB1 EA & OR
    7. Emp based: EB1 execs & mgrs
    8. Emp based: EB2 adv degree
    9. Emp based: EB2 NIW
    10. Emp based: EB3
    11. H1b: Generally
    12. H1b: Quota issues
    13. H1b: non-quota

    Always keep in mind that I-129 petitions for H classification and I-140 petitions for immigrant preference classification are, with limited exceptions, filed by employers, not employees. The employer, or petitioner, is required to substantiate all of the allegations made in a petition through the submission of evidentiary proof.

    In the case of allegations involving educational qualifications, th ...
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    PERM planning 

    by
    Ron Gotcher
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    Published on 02-09-2010 01:07 PM
    Categories:
    1. Emp Based: Generally
    2. Emp based: PERM

    Anyone planning to begin PERM processing should move up their planned start date as the result of the DOL’s change in prevailing wage processing. Through the end of last year, the DOL required employers to obtain all prevailing wage findings through local state job service agencies. That changed as of the first of the year. The DOL now requires all prevailing wage requests to be submitted to the D ...
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    EAD Misconceptions 

    by
    Ron Gotcher
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    Published on 02-08-2010 04:40 PM
    Categories:
    1. AOS: Generally
    2. AOS: EAD
    3. Emp Based: Generally
    4. Emp based: PERM

    There may be more significant misconceptions concerning for I-765 (application for an EAD) than any other application or petition. Here is an FAQ that attempts to deal with some of the most common misunderstandings:

    Q: I am changing employers; I need to get a new EAD, right?
    A: Wrong. An EAD has nothing to do with your specific job or employer. It is something that is granted as a result o ...
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    What duty does a “company lawyer” owe to an employee for whom he or she has filed immigration documents? 

    by
    Ron Gotcher
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    Published on 02-02-2010 12:40 PM
    Categories:
    1. AOS: Generally
    2. Emp Based: Generally
    3. Gen imm news

    More and more, we see situations where an employee invokes his or her rights under Section 106(c) of the American Competiveness in the 21st Century Act of 2000 (AC21) and changes employers, the employer immediately attempts to revoke the former employee’s I-140 petition. This article focuses on the role of “company lawyers” in facilitating such petition withdrawals and the duties they owe to the f ...
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    Recent Blog Posts Recent Blog Posts

    Silence from the USCIS

    Ron Gotcher 02-18-2010  

    Recent Forum Posts Recent Forum Posts

    Ron -

    Believe it or not, worldwide E3 will only move a little more than a month from Dec., 2002 despite
    the fact that there are only 5,350 worldwide E3 whose PD is older than 12/31/2003 and the... Go to last post

    cwluo On 03-10-2010

    What will April bulletin bring us??

    I'm currently apply for a job in the US, and would like to have and advice on whether or not this type of visa, B-1, is appropriate for me.

    I'm applying for a web developer position at one of the... Go to last post

    sikachu On 03-10-2010

    Inquiries regarding B-1 visa and working in trial period

    My PD is Nov 21 2001. I saw somewhere that there are less than 2000 pending cases till FY 2002 for EB 3 India. I am not even sure what to do now. Going to EB 2 and starting all over again may be the... Go to last post

    ses12345 On 03-10-2010

    What will April bulletin bring us??

    Oops. I thought I140 withdrawal will not have any affect whatsoever, which is wrong. So my H1 depends on an approved I140 and is always in the danger of getting voided because of I140 withdrawal :(... Go to last post

    naanu On 03-10-2010

    7th year H1, Pending 485 for 1year, approved I140, Can I change job?

    As an applicant what should one do if he has ''green card'' in hand which was result of CIS error. Do we call CIS and ask them -''hey my priority date is not current and you just approved my 485'' or... Go to last post

    piyu7444 On 03-10-2010

    AOS - EB approval question

    We are receiving a large volume of telephone calls from people seeking consultations. Please understand that we do not do consultations. If you are interested in talking to us about representing... Go to last post

    Ron Gotcher On 03-10-2010

    Calling our office for a consultation

    We are receiving a large volume of telephone calls from people seeking consultations. Please understand that we do not do consultations. If you are interested in talking to us about representing... Go to last post

    Ron Gotcher On 03-10-2010

    Calling our office for a consultation

    Thank you Ron. Go to last post

    PJ99 On 03-10-2010

    What will April bulletin bring us??

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