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  2. We have just posted the March, 2010 edition of the ImmInfo Newsletter and it is available for immediate viewing.

    CP: Generally

    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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    What duties do attorneys hired by employers owe employees? 

    by
    Ron Gotcher
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    Published on 01-23-2010 02:21 PM
    Categories:
    1. AOS: Generally
    2. AOS: Advance Parole
    3. AOS: EAD
    4. CP: Generally
    5. CP: NVC
    6. CP: Specific post issues
    7. Emp Based: Generally
    8. Emp based: PERM
    9. Emp based: EB1 EA & OR
    10. Emp based: EB1 execs & mgrs
    11. Emp based: EB2 adv degree
    12. Emp based: EB2 NIW
    13. Emp based: EB3
    14. H1b: Generally
    15. H1b: Quota issues
    16. H1b: non-quota
    17. H1b: Consulting companies

    Attorneys owe absolute duties of loyalty and confidentiality to their clients. Problems arise, however, when there is a conflict of interest. Such conflicts arise when attorneys have separate clients with conflicting interests. This situation very commonly arises when an attorney represents both an employer and employee.

    In most situations, having a single attorney represent both the employer an ...
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    EB3 to EB2 upgrade issues 

    by
    Ron Gotcher
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    Published on 01-23-2010 02:18 PM
    Categories:
    1. AOS: Generally
    2. CP: Generally
    3. Emp Based: Generally
    4. Emp based: PERM
    5. Emp based: EB2 adv degree
    6. Emp based: EB2 NIW
    7. Emp based: EB3
    8. Gen imm news

    In recent issues of the ImmInfo Newsletter, we have discussed upgrades from employment based third preference (EB3) to employment based second preference (EB2). The text of a recent article can be found by clicking here. To read more about how the USCIS defines the term “advanced degree” please read this article. This issue is important because many people misunderstand the EB2 requirements.

    Let’ ...
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    Foreign degree equivalency evaluations 

    by
    Ron Gotcher
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    Published on 01-23-2010 02:13 PM
    Categories:
    1. AOS: Generally
    2. CP: Generally
    3. Emp Based: Generally
    4. Emp based: PERM
    5. Emp based: EB1 EA & OR
    6. Emp based: EB1 execs & mgrs
    7. Emp based: EB2 adv degree
    8. Gen imm news
    9. H1b: Generally
    10. H1b: Quota issues
    11. H1b: non-quota
    12. H1b: Consulting companies

    In a previous article, we explained why the USCIS does not consider a three year bachelor’s degree to be the equivalent of a U.S. bachelor’s degree. In this article, we will examine how relevant experience can be evaluated as the equivalent of a degree.

    The governing regulatory authority for determining equivalence of relevant work experience to university coursework is found at 8 CFR 214.2(h)(4) ...
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    Issues dealing with company lawyers 

    by
    Ron Gotcher
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    Published on 01-23-2010 02:04 PM
    Categories:
    1. AOS: Generally
    2. CP: Generally
    3. Gen imm news

    Many employment based applicants find themselves in a very difficult position as a result of being represented by an attorney hired and paid by their employer. In theory, the employer is the attorney’s client and the employee is what is known as a “third party beneficiary” of the attorney’s services. In such cases, the attorney’s duty to the employee is minimal at best.

    Particular problems arise ...
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