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Immigration Law

US Immigration Matters US Immigration Matters

Topics related to Immigration Law and the US Government.
By Annie Banerjee

Post Frequency: 1.1/day

Last Entry: March 06, 2017 at 13:26:00

Recent Entries: 155

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Entering the H-1B Lottery

Posted on March 06, 2017


Treaty Visas

Posted on October 05, 2016


H 1B

Posted on September 08, 2016


The Donald and Immigration Fraud

Posted on August 05, 2016
Politico has raised doubts about Melania Trump?s Immigration Status.  Melania could have come to the US with the special H-1B status for models.  H-1B for fashion models, unlike other H-1B categories, does not require education.  However it does require that the model be famous in internationally, and that she has a job offer...


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Solutions for H-1B visa fraud

Posted on March 07, 2016
The H-1B program has been coming under attack lately.  Ted Cruz wants to put a moratorium on H-1B visa. That seems to be the Republican solution to every crisis----stop it and put your head under the sand, and the problem will go away.  Is there fraud in the H-1B program? Yes...


H-4 Work Permit

Posted on May 15, 2015
H-4 Work Permit1.      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 statusSo this is not spouses for recent arrivals who just has H-1B and has not started the Green Card (Permanent Resident Card) process yet...


Work Permit for H-4

Posted on February 24, 2015
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 statusSo this is not spouses for recent arrivals who just has H-1B and has not started the Green Card (Permanent Resident Card) process yet...


My hopes for Immigration in 2015

Posted on January 02, 2015
Watching Immigration reform is like watching a soccer match.  You feel like its going to happen, you get a goal, you cheer, you hold your breath, and then, the opportunity slips out from under your fingers.  So you gear up again, and repeat...


A quick Summary of Obama's Executive Order on November 20, 2014

Posted on November 21, 2014
1.     Class of people benefited:A.    People without status:·        Are you the parent of a United States Citizen or a Legal Permanent Resident·        Are you in the US continuously for the last 5 years-----ie from January 01, 2010 or before·        Are you a person who entered as a child (before age 16) and before Jan 01, 2010 and graduated high school---no matter what age you are now---DACA will be expanded to people older than 31·        Not in removal proceedings·        Do not have criminal recordsB...


The House' Immigration Deal

Posted on December 13, 2013
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...


Immigration Reform

Posted on November 26, 2013
I applaud the fact that President Obama has accepted the piecemeal approach instead of Comprehensive Immigration Reform (read citizenship to Mexicans so they vote Democratic) approach. For many the Immigration issue consists of ONLY illegal people from Mexico...


Immigration Reform

Posted on October 17, 2013
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...


When Government Reopens

Posted on October 17, 2013
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...


When Government Reopens

Posted on October 17, 2013
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...


Government Shutdown will not affect most Immigration cases

Posted on October 01, 2013
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...


Denying L-1visas does not make Fiscal Sense

Posted on September 19, 2013
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...


H-1B vs EAD

Posted on May 30, 2013
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)...


When Lawyers try to bribe

Posted on May 24, 2013
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...


Special Consideration for Irish in the Immigration Bill?

Posted on May 17, 2013
The history of Immigration in the USA goes right along the history of slavery, and can be described by one word: Discrimination. The Asians were not even allowed to enter, because Immigration was restricted to people "from Caucasian descent."In 1923, when Bhagat Singh tried to get Citizenship, claiming that he was "Caucasian" (Indians are Caucasians by race), the US Supreme Court ruled that Indians could not assimilate into the "white society", that East Asians were barred from immigrating, and applied it retroactively, denaturalizing all Asians given the Citizenship previously...


The LGBT Amendment

Posted on May 09, 2013
Sen Patrick Leahy has introduced an amendment on the Senate immigration bill introduced by the gang of 8, to allow LGBT couples in long term relationships to get immigration benefits. And even though I am a liberal, and whole heatedly support gay rights, I think this amendment should be considered if and only if the Supreme Court leaves DOMA intact...


Travel on H-1B

Posted on May 07, 2013
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...


The merit based system

Posted on April 30, 2013
While a lot has been said about the 11 million illegal immigrants in the proposal by the Gang of 8, nothing has been said about the merit based point system.  This is business friendly, and hopefully both Republicans and Democrats can agree on this...


High Tech vs Low Tech

Posted on April 12, 2013
Mark Zuckerberg created a PAC for Immigration Reform. The debate on Immigration is now between high skilled workers vs the undocumented people. The tech industry vs the fruit industry.  The Republicans vs the Democrats.Yes, we need fruit pickers...


H-1B Cap

Posted on April 08, 2013
USCIS announced that it has received approximately 124,000 petitions. The cap is 20,000 for US Master's Degree holders and 65,000 for general. USCIS has received more than the amount in all categories.  Thus it will do a lottery for the 20,000 Master's Degree holders first...


CIS going to issue fee waiver form

Posted on July 20, 2010
The fees for most CIS applications are astronomical. For instance the fee for N-400 to become a US Citizen is $675/- The fee for adjusting status to become a permanent resident is $1010/- Many people simply cannot afford that. However previously there were no forms and no guidelines to filing anything without fees with the CIS...


How to How to show control under the Jan 08 memo

Posted on July 15, 2010
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold. Heading into a deeper recession, the economy is definitely a factor...


Arizona and the Justice Department on Immigration

Posted on July 07, 2010
The justice Department's suit to block the restrictive law in Arizona is heralded by everyone as an "immigration issue." Both Wall Street Journal and New York Times have huge headings under "Immigration Law." But the question is not about immigration law...


Second Amendment

Posted on June 28, 2010
In McDonald v. Chicago, The Supreme Court reasserted today that individuals have the right to retain guns at both the State and Local levels. The Majority consisting of conservative justices---- Alito, Roberts, Scalia, Thomas, and Kennedy based their decision on the history of the second Amendment, where militias were given the right to protect their farmlands...


Speedy Travel at the Airport

Posted on June 24, 2010
Although I am not going anywhere, as summer rolls along, visions of distant lands dance in my head. However, that vision is marred by long lines at the airports--- getting your luggage checked, getting into a plane with carry on bags and no overhead place, and finally the immigration and customs line ups...


Texas Immigration

Posted on June 15, 2010
If you were wondering why the Tripple G rated (Guns, God and Gays) Southern States, still under the shadows of the Jim Crow laws have not passed on their hatred for immigrants in a restrictive bill like Arizona, wonder no further. The Texas GOP convention this past week end in Dallas adopted an anti immigration stance that would bar illegal immigrants from "intentionally or knowingly" residing in Texas...


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