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

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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 

    Upgrading to EB2: Can I use the same job?

    Ron Gotcher 02-17-2010

    Categories:

    AOS: Generally  Emp Based: Generally  Emp based: PERM  Emp based: EB2 adv degree  Gen imm news 

    More on the illegitimacy of the recent USCIS H1b memo

    Ron Gotcher 02-11-2010

    Categories:

    Gen imm news  H1b: Generally  H1b: Quota issues  H1b: non-quota  H1b: Consulting companies 

    Required Supporting Documents: Proof of Education

    Ron Gotcher 02-09-2010

    Categories:

    Emp based: EB2 NIW  Emp based: EB3  AOS: Generally  AOS: Advance Parole  AOS: EAD  Emp Based: Generally  Emp based: PERM  Emp based: EB1 EA & OR  Emp based: EB1 execs & mgrs  Emp based: EB2 adv degree  H1b: Generally  H1b: Quota issues  H1b: non-quota 

    PERM planning

    Ron Gotcher 02-09-2010

    Categories:

    Emp Based: Generally  Emp based: PERM 

    EAD Misconceptions

    Ron Gotcher 02-08-2010

    Categories:

    AOS: Generally  AOS: EAD  Emp Based: Generally  Emp based: PERM 

    What duty does a “company lawyer” owe to an employee for whom he or she has filed immigration documents?

    Ron Gotcher 02-02-2010

    Categories:

    AOS: Generally  Emp Based: Generally  Gen imm news 

    The new DOL prevailing wage request/determination system

    Ron Gotcher 12-23-2009

    Categories:

    Emp Based: Generally  Emp based: PERM  Gen imm news  H1b: Generally  H1b: Quota issues  H1b: non-quota  H1b: Consulting companies 

    Substituting a new I-140 into an existing I-485 file

    Ron Gotcher 01-23-2010

    Categories:

    Emp based: EB2 NIW  Emp based: EB3  AOS: Generally  Emp Based: Generally  Emp based: PERM  Emp based: EB1 EA & OR  Emp based: EB1 execs & mgrs  Emp based: EB2 adv degree  Gen imm news 

    Required supporting documents: Experience letters

    Ron Gotcher 12-23-2009

    Categories:

    Emp based: EB2 NIW  Emp based: EB3  AOS: Generally  CP: Generally  Emp Based: Generally  Emp based: PERM  Emp based: EB1 EA & OR  Emp based: EB2 adv degree  Gen imm news  H1b: Generally  H1b: Quota issues  H1b: non-quota  H1b: Consulting companies 

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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 12:05 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 03:39 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 07:48 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 02:44 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 09:07 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 04:01 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 02:29 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 12:07 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 ...
    Read More Read More

    EAD Misconceptions 

    by
    Ron Gotcher
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    Published on 02-08-2010 03:40 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 ...
    Read More Read More

    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 11:40 AM
    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 ...
    Read More Read More

    Recent Blog Posts Recent Blog Posts

    Comprehensive Immigration Reform?

    Ron Gotcher 03-11-2010  

    Silence from the USCIS

    Ron Gotcher 02-18-2010  

    Revised and expanded analysis of USCIS H1b memo now available

    Ron Gotcher 02-16-2010  

    February 15, 2010 ImmInfo Newsletter available

    Ron Gotcher 02-16-2010  

    DOL still not issuing prevailing wage findings

    Ron Gotcher 02-08-2010  

    The USCIS annouces it will re-issue corrected approval notices in some cases

    Ron Gotcher 02-03-2010  

    Recent Forum Posts Recent Forum Posts

    Thank you, Ron!
    I fully understand there is a very very limited number of visa available which is 5,000 max each fiscal year. But I don’t’ see that massive number of demand on both USCIS and State... Go to last post

    ilovemthood2 On 03-13-2010

    No one cares about Other Workers (EW).

    Ron

    If this preregistration process implemented, any chances to get EAD benefits for the person who files for registration. Go to last post

    pathangi On 03-13-2010

    USCIS is considering to "permit pre-filing of I-485 applications of approved I-140

    My understanding is that the only cases that have been counted by the CIS and reported to the VO are the ones that have been pre-adjudicated. If a case is sent to a district office for an interview,... Go to last post

    Ron Gotcher On 03-13-2010

    The April VB has been released

    The CIS refuses to publish regulations. They use policy memos instead. Currently, they require a new I-485 filing when you change the basis of eligibility. Go to last post

    Ron Gotcher On 03-13-2010

    Switching from EB to FB processing

    I too agree with you Sean, this year till 2nd quarter, very less approvals yet for all EB categories.
    USCIS/DOS are not hurrying to approve pre-adjudicated cases and spending time to work on old... Go to last post

    baba2s On 03-13-2010

    The April VB has been released

    Tenir, was your priority date for your I-140 current?

    I am trying to do the same thing but I looked at the same law that Ron referenced and the memo asks: "Can the adjustment application, based... Go to last post

    jbc On 03-13-2010

    Switching from EB to FB processing

    Ron,

    Is there a possibility that these cases coming from district offices are actually counted already towards the USCIS backlog. Reason:

    I know of a guy who was stuck in the system from 2001... Go to last post

    SeanD On 03-13-2010

    The April VB has been released

    The reason that the EW category is not moving is because there is a massive number of cases in the backlog and a very limited number of visas available. It isn't a case that the State Department is... Go to last post

    Ron Gotcher On 03-13-2010

    No one cares about Other Workers (EW).

    You are assuming that logic prevails within the CIS. It took them until last year to begin doing an inventory of pending AOS cases at the service centers. They still don't have a complete count of... Go to last post

    Ron Gotcher On 03-13-2010

    The April VB has been released

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