I had been brought up to think Rationally. But the stock market has gone completely irrational. My attempt to understand it rationally has just left me confused, muffled, despairing. So in order to make sense of this crazy world, I am attempting to think irrationally. Maybe then I'll be in sync with the CIS thinking. Try calling them and asking why your case was not adjudicated, even though similar cases filed months afterward were adjudicated long before. Below are my thoughts on immigration.
Crazy Conspiracy Theory:
I think Obama is actually conspiring with Lou Dobbs and Rush Limbaugh to expel all immigrants. Mexicans are leaving the US by hordes. Maybe they are being water tortured. Come to think of it, my neighbor's lawn sprinklers were on when their Mexican gardener was working.
Crazy Religious Theory:
God must have told the Employers to not hire immigrants. That is why it is March, and my H-1B clients are strangely silent. God must have hacked into the E verify system or something, because that system does not work. Why does God not want immigrants? Because these immigrants have to first sacrifice their first borns to the God in their home country. Or maybe that Scientology God has repossessed the souls of all immigrants.
Crazy Remedy:
Obama needs money. Immigrants want to come here. So Obama should sell lottery tickets for different positions. Kind of the same concept like the rational world's Diversity Lottery. Except here the immigrants also need to buy stocks in GM, AIG and Citi. And buy up a defaulted mortgage. This will be in lieu of their first born sacrifice.
Disclaimer: No I have not gone completely mad. This is my attempt to cheer myself from the doom and gloom since September 08. If you want my services, I can still perform rationally.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Thursday, March 5, 2009
Wednesday, March 4, 2009
Economic Nationalism
Professor Jeffrey Garten from Yale Univerisity published an article in The Wall Street Journal (The Dangers of Turning Inwards, Feb-28-Mar 01) and coined the term Economic Nationalism. With rising unemployment, Governments are understandably becoming more and more protectionist, and anti immigration when it comes to employment. The doors to trade and immigration are being closed.
We are seeing this with increased denials of employment based visas, especially treaty visas like the TN. And the US is not the only culprit. UK, Japan, Germany, France, are all becoming more protectionist starting a deglobalization trend. However this could hurt commerce massively. We need to export goods to other countries. If wee cannot export our goods to the emerging markets, we will not be able to prosper. Additionally the article argues that if markets turn inwards, we will not be able to take care of the global issues.
The we might also have what happened in the 1930s. Global nationalism led to political nationalism and the rise of the Nazi party.
The article argues for a new global banking regulator, whereby the US and European banks will take similar action and be governed by similar laws.
Similar movement should be happening to immigration. Until we get out of this financial mess, we should let the market control immigration, instead of restrictionist Governmental policies. Then and only then will we get the best talent to get out of the recession.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
We are seeing this with increased denials of employment based visas, especially treaty visas like the TN. And the US is not the only culprit. UK, Japan, Germany, France, are all becoming more protectionist starting a deglobalization trend. However this could hurt commerce massively. We need to export goods to other countries. If wee cannot export our goods to the emerging markets, we will not be able to prosper. Additionally the article argues that if markets turn inwards, we will not be able to take care of the global issues.
The we might also have what happened in the 1930s. Global nationalism led to political nationalism and the rise of the Nazi party.
The article argues for a new global banking regulator, whereby the US and European banks will take similar action and be governed by similar laws.
Similar movement should be happening to immigration. Until we get out of this financial mess, we should let the market control immigration, instead of restrictionist Governmental policies. Then and only then will we get the best talent to get out of the recession.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Wednesday, February 18, 2009
To do List for H-1b employer
At the time of Filing:
1. SIGN AND DISPLAY LCA IN A PROMINENT PLACE FOR 10 DAYS. THE LCAs NEEDS TO BE DISPLAYED IN THE ACTUAL JOB SITE WHERE THE ALIEN IS WORKING. IF YOU ARE A CONSULTING COMPANY, PLEASE TAKE A SPECIAL NOTE OF THIS.
2. THEN PUT THE LCAs IN THE FILE, ALONG WITH THE WAGE DATA (ie THE PREVAILING WAGE DETERMINATION). PLEASE MAKE A NOTE OF WHEN AND WHERE THE LCAs HAVE BEEN POSTED IN THE FILE. THIS FILE CAN BE ACCESSED BY THE PUBLIC. ALSO PLEASE FURNISH A COPY OF THE LCA TO THE H-1B BENEFICIARY.
During the H-1Bs Employment
1. IF THE JOB LOCATION OF THE BENEFICIARY CHANGES, PLEASE FILE ANOTHER LCA AND DO THE SAME WITH THE CERTIFIED COPY AS ABOVE. YOU DO NOT NEED TO FORWARD THIS LCA TO THE USCIS.
2. IF YOU BENCH AN EMPLOYEE, YOU NEED TO PAY THAT EMPLOYEE UNLESS THE EMPLOYEE REQUESTS FOR A TIME OFF. IF AN EMPLOYEE REQUESTS FOR TIME OFF, PLEASE HAVE THE EMPLOYEE WRITE AN E MAIL OR A LETTER AND HAVE IT ON FILE
When you terminate an employee
1. PLEASE LET THE EMPLOYEE KNOW IN WRITING THAT YOU ARE TERMINATING HIM
2. PLEASE WRITE TO BOTH THE CIS AND DOL ABOUT THE TERMINATION
3. IF THE EMPLOYEE GOES BACK HOME, NEVER TO COME AGAIN, YOU WILL NEED TO PAY FOR THE EMPLOYEE'S TRAVEL BACK. (NOT THE FAMILY, JUST THE EMPLOYEE'S TRAVEL BACK).
Contact Houston Immigration Lawyer, Annie Banerjee for more details
1. SIGN AND DISPLAY LCA IN A PROMINENT PLACE FOR 10 DAYS. THE LCAs NEEDS TO BE DISPLAYED IN THE ACTUAL JOB SITE WHERE THE ALIEN IS WORKING. IF YOU ARE A CONSULTING COMPANY, PLEASE TAKE A SPECIAL NOTE OF THIS.
2. THEN PUT THE LCAs IN THE FILE, ALONG WITH THE WAGE DATA (ie THE PREVAILING WAGE DETERMINATION). PLEASE MAKE A NOTE OF WHEN AND WHERE THE LCAs HAVE BEEN POSTED IN THE FILE. THIS FILE CAN BE ACCESSED BY THE PUBLIC. ALSO PLEASE FURNISH A COPY OF THE LCA TO THE H-1B BENEFICIARY.
During the H-1Bs Employment
1. IF THE JOB LOCATION OF THE BENEFICIARY CHANGES, PLEASE FILE ANOTHER LCA AND DO THE SAME WITH THE CERTIFIED COPY AS ABOVE. YOU DO NOT NEED TO FORWARD THIS LCA TO THE USCIS.
2. IF YOU BENCH AN EMPLOYEE, YOU NEED TO PAY THAT EMPLOYEE UNLESS THE EMPLOYEE REQUESTS FOR A TIME OFF. IF AN EMPLOYEE REQUESTS FOR TIME OFF, PLEASE HAVE THE EMPLOYEE WRITE AN E MAIL OR A LETTER AND HAVE IT ON FILE
When you terminate an employee
1. PLEASE LET THE EMPLOYEE KNOW IN WRITING THAT YOU ARE TERMINATING HIM
2. PLEASE WRITE TO BOTH THE CIS AND DOL ABOUT THE TERMINATION
3. IF THE EMPLOYEE GOES BACK HOME, NEVER TO COME AGAIN, YOU WILL NEED TO PAY FOR THE EMPLOYEE'S TRAVEL BACK. (NOT THE FAMILY, JUST THE EMPLOYEE'S TRAVEL BACK).
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Friday, February 13, 2009
H-1B visa Fraud
On Wednesday, February 11, Immigration and Customs Enforcement arrested 11 H-1B employers in 7 states on H-1B visa fraud. These employers had produced false documents to the CIS, and violated LCA rules of filing new LCA for different locations.
The arrested individuals were primarily Indians. I hope that the Obama Government officials, in the CIS and DOS will not automatically stereotype all Indian Employers as fraud and deny legitimate visas. Lets not forget that Indians primarily come into this country to work in the software industry and has so far done a remarkable job. As Thomas Friedman pointed out in a recent New York Times Op Ed piece, restrictionist policies served only to make the Great Depression, Great. Restricting the bright brains from coming in from India will only enrich India,and make the US poor.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
The arrested individuals were primarily Indians. I hope that the Obama Government officials, in the CIS and DOS will not automatically stereotype all Indian Employers as fraud and deny legitimate visas. Lets not forget that Indians primarily come into this country to work in the software industry and has so far done a remarkable job. As Thomas Friedman pointed out in a recent New York Times Op Ed piece, restrictionist policies served only to make the Great Depression, Great. Restricting the bright brains from coming in from India will only enrich India,and make the US poor.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Wednesday, February 11, 2009
When an H-1B looses his Job
With the economic situation worsening, many H-1B employees are loosing their job. What should they do?
By law the H-1B status terminates the day the employee looses their job. However, the CIS has usually given a one month grace period. That means that if you can find another job sponsor and file the H-1B within one month, the CIS seems fine with that. You of course have to submit copies of your last pay stub with this new transfer.
If not, you should consider either filing for a visitor's visa or go back to your home country. A Visitor's visa may be necessary to extend your stay to be able to settle your financial affairs here. You file the Form I-539 and explain the situation.
If you have time remaining in your H-1B (ie, you have not used up the six years), you can go back to the H-1B status any time that you find another H-1B sponsor. Even if you are back in your home country, you can file for the remaining period on your H-1B, and do not have to go back on the lottery again. Please see December 05, 2006 memo by Michael Aytes, Acting Director of USCIS.
By filing for a conversion to the B visa, or by leaving the US, you actually stop the running of the clock on your H-1B and preserve the remaining time. So when the economy picks up again, and trust me, it will; you do not have to enter the H-1B lottery again, and simply convert or come over on the H-1B visa.
However be careful, B visitor's visa is NOT indefinite, and after about 6 months on the B visa, if you are still unable to find a job, you need to leave the US. You cannot accrue illegal presence. Also the visitor's visa adjudication at the CIS is in a mess. They may not adjudicate the application until 7-8 months, at which time they may deny it because it has already been 6 months. However, if you intend to stay for a little longer to take care of your financial affairs, (let the kids finish the school year) that's the best option you have.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
By law the H-1B status terminates the day the employee looses their job. However, the CIS has usually given a one month grace period. That means that if you can find another job sponsor and file the H-1B within one month, the CIS seems fine with that. You of course have to submit copies of your last pay stub with this new transfer.
If not, you should consider either filing for a visitor's visa or go back to your home country. A Visitor's visa may be necessary to extend your stay to be able to settle your financial affairs here. You file the Form I-539 and explain the situation.
If you have time remaining in your H-1B (ie, you have not used up the six years), you can go back to the H-1B status any time that you find another H-1B sponsor. Even if you are back in your home country, you can file for the remaining period on your H-1B, and do not have to go back on the lottery again. Please see December 05, 2006 memo by Michael Aytes, Acting Director of USCIS.
By filing for a conversion to the B visa, or by leaving the US, you actually stop the running of the clock on your H-1B and preserve the remaining time. So when the economy picks up again, and trust me, it will; you do not have to enter the H-1B lottery again, and simply convert or come over on the H-1B visa.
However be careful, B visitor's visa is NOT indefinite, and after about 6 months on the B visa, if you are still unable to find a job, you need to leave the US. You cannot accrue illegal presence. Also the visitor's visa adjudication at the CIS is in a mess. They may not adjudicate the application until 7-8 months, at which time they may deny it because it has already been 6 months. However, if you intend to stay for a little longer to take care of your financial affairs, (let the kids finish the school year) that's the best option you have.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Tuesday, February 10, 2009
EAD Card Delays
You filed your EAD card over 90 days ago. You still did not get the card. You cannot work. Your employer is real mad and in this economic climate is going to fire you. You call USCIS line, and the person says, "thank you for calling, we will generate a report." You get a letter in the mail saying that "we have generated a report. And then you wait....and wait.....
Although this story sounds very familiar to an Immigration Attorney, CIS claims that the delay beyond the 90 days happen to only 1.3 % of cases.
A new memo by Michael Aytes, Acting Director of USCIS, states that if your EAD card has been pending for more than 75 days, you can call the USCIS Service line at 1-800-375-5283, for a service call, and they will let the officer know of the call.
USCIS is also going to conduct sweeps to monitor and see that the EADs are issued within the 90 day period set by regulations. However that is not to say that on the 89th day you can get an RFE requesting more documents. RFEs stop the running of the clock.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Although this story sounds very familiar to an Immigration Attorney, CIS claims that the delay beyond the 90 days happen to only 1.3 % of cases.
A new memo by Michael Aytes, Acting Director of USCIS, states that if your EAD card has been pending for more than 75 days, you can call the USCIS Service line at 1-800-375-5283, for a service call, and they will let the officer know of the call.
USCIS is also going to conduct sweeps to monitor and see that the EADs are issued within the 90 day period set by regulations. However that is not to say that on the 89th day you can get an RFE requesting more documents. RFEs stop the running of the clock.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
Friday, February 6, 2009
Immigration in these trying times
Yes, we are in an economic recession, and maybe even in a depression. And in situations like this, it is always easy to blame the immigrant workers. After all its natural to feel resentment when American workers are out of jobs. Thus there are a number of bills in the Congress seeking to restrict H-1B (the visa for professionals) numbers.
But lets face the reality.
1. The Citizenship and Immigration fees for an H-1B visa is $2320/- per person. Out of that, The Government collects $1500/- per visa to "train" US people. A government doling out bail money needs to collect money somehow.
2. The Employer on the other hand would not pay such an exorbitant amount if they could find American workers to do the job.
3. The H-1B allows us to get the brightest and the best brains from other countries. If we want to get out of this recession, we would need this global brains. This is a complex global problem and needs to be addressed globally.
4. We now have a global economy and need global cooperation to solve this mess. We need global talent. If we follow the 1930s restrictionist policies, we will not be able to maintian our competitiveness in the 21st Century world.
5. Market forces rather than Government quotas work best in all situations. For example last year there were 165, 000 visa petitions filed on the first day for the 65, 000 H-1B visa numbers. Obviously, this year, that number will be far less. So we should do away with artificial quotas and let the market control employment.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
But lets face the reality.
1. The Citizenship and Immigration fees for an H-1B visa is $2320/- per person. Out of that, The Government collects $1500/- per visa to "train" US people. A government doling out bail money needs to collect money somehow.
2. The Employer on the other hand would not pay such an exorbitant amount if they could find American workers to do the job.
3. The H-1B allows us to get the brightest and the best brains from other countries. If we want to get out of this recession, we would need this global brains. This is a complex global problem and needs to be addressed globally.
4. We now have a global economy and need global cooperation to solve this mess. We need global talent. If we follow the 1930s restrictionist policies, we will not be able to maintian our competitiveness in the 21st Century world.
5. Market forces rather than Government quotas work best in all situations. For example last year there were 165, 000 visa petitions filed on the first day for the 65, 000 H-1B visa numbers. Obviously, this year, that number will be far less. So we should do away with artificial quotas and let the market control employment.
Contact Houston Immigration Lawyer, Annie Banerjee for more details
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