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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 ...
The January 8, 2010 USCIS memo concerning H1B “third party site placement” memo has provoked a great deal of concern and controversy. In reality, there is little new in this memo. That is, the USCIS has been applying these same standards for at least the past one year. The new memo simply articulates in one document what we have been seeing in requests for evidence since January, 2009. For this re ...
The January 8, 2010 USCIS memo on the subject of H1B “employer-employee” relationships has caused a great deal of unnecessary panic. For example, while this memo does not in any way deal I-140 immigrant preference petitions, many people have mistakenly concluded that it does. The memo is limited to H1B situations only and does not attempt to go beyond that subject.
The memo begins by citing
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The USCIS memo on the issue of H1B employer-employee relationships is clearly and demonstrably wrong on the law. Imagine what would happen if they were right. “Job shops” would be able to assert, as an absolute affirmative defense in LCA enforcement actions, that they are not “employers” as that term is defined for H1B purposes. As such, the Department of Labor (DOL) regulations do not apply to th ...
The CIS memo is demonstrably wrong on the law. That is an irrefutable fact. The problem is that as with so many other CIS policies that are without legal foundation, the agency will follow them no matter what the law provides. The issue thus becomes how to deal with CIS adjudicators until the legality of this policy memo is decided in the courts.
The CIS memo lists eleven criteria that they
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A certificate of birth is required for all individuals applying for classification as a lawful permanent resident or seeking to file a relative petition. In some instances, applicants and petitioners do not have official birth records. This could be due to several reasons. For example, the record could have been destroyed in a fire or civil disturbance. It is also possible that the applicant or pe ...
As a result of the 2007 “filing rush” and subsequent retrogression of visa cutoff dates, a large number of individuals find themselves sitting and waiting for action on their adjustment of status applications. Depending upon the USCIS to “do the right thing” is worse that futile, it can be outright dangerous. For this reason, it is imperative that applicants closely monitor the pending AOS cases.
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Recent Forum PostsAs long as you document it, you shouldn't have any problems. That is a legitimate, temporary reason for living abroad. 
Then the address change went to the wrong office. Refile it with the CIS.
The company does not have to know anything. This is strictly between her, her son, and the CIS only.
I have no idea of where it is sitting. It could well be in the pre-adjudicated pile.
Ask your congressman to hold the CIS's feet to the fire. He or she has the authority to do just can.
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