| Contents | Vol. 4, No. 5,
March 1, 2010 |
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| Upgrading to EB2: Can I use the same job? | ||||||||||||
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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.
To read the full article,
click here
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Silence from the USCIS |
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I participated the recent teleconference hosted by the USCIS on the subject of their recent memo about H1b employer-employee relationships. At the outset, I want to acknowledge that they didn't have to host this conference. They did so because they have received so many complaints from the public. That they did host it shows that they are interested in learning more about the concerns held by the public. Unfortunately, this type of teleconference is not a legal or acceptable substitute for the legally required public notice and comment require for all new rules.
To read the full article,
click here |
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Adjustment of status and travel |
The regulations governing applications for adjustment of status make it clear that applicants
may only travel abroad under very specific circumstances while their applications are pending. The first
thing that needs to be understood is that not everyone may travel after they apply for adjustment of status
(AOS). The regulations make it clear that if an applicant for AOS leaves the United States while their
application is pending, the application is deemed abandoned automatically. The regulations provide for two
exceptions: |
To read the full article,
click here |
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Dealing with unavailable documents |
Often,
applicants will find that they
are unable to produce required
supporting documents. The
immigration regulations specify
how applicants may deal with
unavailable documents: |
To read the full article, click here |
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| When should I consider premium processing for my I-140? |
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With the return of premium process for
almost all types of I-140 petitions, many people are seeking to have their I-140s processed on an expedited
basis. Is this really necessary? In most cases, it is a waste of money and little benefit is gained. |
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To read the full article,
click here |
| CIR update (March 1, 2010) |
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Last week's health care
summit likely decided the
fate of Comprehensive
Immigration Reform (CIR) for
this year. It is still too
soon to tell what is going
to happen, but the decisions
made following that
conference will determine
whether CIR is brought up
for a vote.
To read the
full article,
click here |
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