http://www.murthy.com/news/n_eb3to2.html
Posted 19.Feb.2010
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We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date f
Public Benefit Programs and Immigration Status
http://www.murthy.com/mb_pdf/arc_mb.html Dated Jan 08 2010
The U.S. Citizenship and Immigration Services (USCIS) recently issued a factsheet clarifying issues related to the public charge concept. Specifically, the factsheet discusses the consequences of accessing certain public benefit programs for those in an immigration status. Given the current economic situation, this topic is particularly timely. Questions often reach the Murthy Law Firm regarding potential repercussions from taking advantage of certain government benefits and the possible impact on the individual's and/or family's immigration status. Many programs listed carry immigration-related restrictions on eligibility.
The U.S. Citizenship and Immigration Services (USCIS) recently issued a factsheet clarifying issues related to the public charge concept. Specifically, the factsheet discusses the consequences of accessing certain public benefit programs for those in an immigration status. Given the current economic situation, this topic is particularly timely. Questions often reach the Murthy Law Firm regarding potential repercussions from taking advantage of certain government benefits and the possible impact on the individual's and/or family's immigration status. Many programs listed carry immigration-related restrictions on eligibility.
H-1B Workers—Labor on the Cheap or Through a Complex Process Fair to U.S. Workers?
http://blogs.ilw.com/h1bvisablog/2009/09/h-1b-workerslabor-on-the-cheap-or-though-a-complex-process-fair-to-us-workers.html
The H-1B program is designed to allow employers to hire foreign nationals to fill specialty occupations; that is, those positions that require a theoretical and practical application of highly specialized knowledge through the attainment of at least a bachelor’s degree (or an equivalent combination of education and/or experience) in a specific discipline.
Indication of large number of 245(i) labor filings: murthy.com
Maryland Labor Certification Processing DatesPosted Dec 28, 2001
The Maryland Department of Labor, Licensing and Registration (DLLR) announced in mid-December, 2001 that their office is logging in and issuing confirmation of receipt for cases received on April 30, 2001. A remaining 1,500 applications received that day await the logging-in process.
Maryland Labor Certification Processing DatesPosted Dec 28, 2001
The Maryland Department of Labor, Licensing and Registration (DLLR) announced in mid-December, 2001 that their office is logging in and issuing confirmation of receipt for cases received on April 30, 2001. A remaining 1,500 applications received that day await the logging-in process.
Eligibility Under Sections 245(i) and 245(k): murthy.com
Section 245(i), the Penalty Fee Provision
Section 245(i) of the Immigration and Nationality Act (INA) allows persons who are the beneficiaries of immigrant visa petitions or of labor certification applications (LCs) filed on or before January 14, 1998, to eventually adjust status in the U.S. despite having fallen out of status or having entered without inspection. There is also a limited extension allowing people who hav
Section 245(i), the Penalty Fee Provision
Section 245(i) of the Immigration and Nationality Act (INA) allows persons who are the beneficiaries of immigrant visa petitions or of labor certification applications (LCs) filed on or before January 14, 1998, to eventually adjust status in the U.S. despite having fallen out of status or having entered without inspection. There is also a limited extension allowing people who hav
245i FAQ: Carl Shusterman
Q1. I've heard that a new law was recently passed by Congress which would reauthorize section 245(i). What is section 245(i)? (§ = Section)
A. §245 of the immigration law allows persons to become permanent residents without leaving the U.S. through a process called "adjustment of status". Generally, persons who entered the U.S. without being inspected by an INS officer, who have ever been unlawfully employed in the U.S. or who failed to always maintain lawful status in the U.S. are barred from adjusting their status in the U.S. (There are certain exceptions to the last two bars for "immediate relatives" of U.S. citizens and for certain EB applicants.)
A. §245 of the immigration law allows persons to become permanent residents without leaving the U.S. through a process called "adjustment of status". Generally, persons who entered the U.S. without being inspected by an INS officer, who have ever been unlawfully employed in the U.S. or who failed to always maintain lawful status in the U.S. are barred from adjusting their status in the U.S. (There are certain exceptions to the last two bars for "immediate relatives" of U.S. citizens and for certain EB applicants.)
USCIS Clarifies 245(i) "Grandfathering" : Murthy.com
The Memo clarifies certain eligibility requirements for §245(i). The term "grandfathered" is a legal term essentially including a certain group of people under the law or exempting a group from a new law based upon a prior act or condition. To illustrate using an example with no bearing in reality, if a law is passed prohibiting people under 21 from driving, it might allow those who already have drivers' licenses to continue to drive, even if they are under 21 years of age. In this imaginary example, these existing drivers would be considered as "grandfathered in" because of their existing status as licensed drivers.
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To be grandfathered under §245(i), a person must be the beneficiary of a qualifying immigrant visa petition (usually I-130/I-140) or labor certification (not the Labor Condition Application used for H1Bs) filed on or before April 30, 2001. If the qualifying immigrant visa petition or application for labor certification was filed between January 15, 1998 and April 30, 2001, that person must also prove that s/he was physically present in the United States on December 21, 2000, on the date that the LIFE Act was passed. All potential beneficiaries of §245(i) must show that the petition or labor certification was properly filed and approvable when filed. This latter requirement essentially means that it had to be a good, valid case when filed, even if it ultimately did not result in a green card approval for some reason.
The Memo clarifies certain eligibility requirements for §245(i). The term "grandfathered" is a legal term essentially including a certain group of people under the law or exempting a group from a new law based upon a prior act or condition. To illustrate using an example with no bearing in reality, if a law is passed prohibiting people under 21 from driving, it might allow those who already have drivers' licenses to continue to drive, even if they are under 21 years of age. In this imaginary example, these existing drivers would be considered as "grandfathered in" because of their existing status as licensed drivers.
©MurthyDotCom
To be grandfathered under §245(i), a person must be the beneficiary of a qualifying immigrant visa petition (usually I-130/I-140) or labor certification (not the Labor Condition Application used for H1Bs) filed on or before April 30, 2001. If the qualifying immigrant visa petition or application for labor certification was filed between January 15, 1998 and April 30, 2001, that person must also prove that s/he was physically present in the United States on December 21, 2000, on the date that the LIFE Act was passed. All potential beneficiaries of §245(i) must show that the petition or labor certification was properly filed and approvable when filed. This latter requirement essentially means that it had to be a good, valid case when filed, even if it ultimately did not result in a green card approval for some reason.
245i DOL statistics: OH Law firm
OH Law firm link
The 245(i) cases which were filed mostly before April 31, 2001 will more or less seriously affect the pace of the visa number progression. But look at the estimate of 245(i) which is pending at the DOL. The number is staggering. There are estimated to be approximately 345,000 245(i) applications with the DOL. Without doubt, some of these applications will be denied, withdrawn or abandoned, but the prediction indicates that as many as 250,000-275,000 direct beneficiaries plus additional derivative beneficiaries of their family members (average 2.5) will move into I-140 and I-485 streams in the future.
The 245(i) cases which were filed mostly before April 31, 2001 will more or less seriously affect the pace of the visa number progression. But look at the estimate of 245(i) which is pending at the DOL. The number is staggering. There are estimated to be approximately 345,000 245(i) applications with the DOL. Without doubt, some of these applications will be denied, withdrawn or abandoned, but the prediction indicates that as many as 250,000-275,000 direct beneficiaries plus additional derivative beneficiaries of their family members (average 2.5) will move into I-140 and I-485 streams in the future.
H-1B vs. EAD/AP some thoughts: Ron Gotcher
H-1B vs. EAD/AP – some thoughts
by Ron Gotcher on 05-29-2008 at 10:18 AM (8708 Views)
People ask me every day whether they should use their EAD cards or H-1B classification for work authorization. In most instances, I recommend that they use EAD cards. I’d like to take a moment to discuss the reasons why I make this recommendation.
H-1B vs. EAD/AP – some thoughts
by Ron Gotcher on 05-29-2008 at 10:18 AM (8708 Views)
People ask me every day whether they should use their EAD cards or H-1B classification for work authorization. In most instances, I recommend that they use EAD cards. I’d like to take a moment to discuss the reasons why I make this recommendation.
List of USCIS Memos
This page provides access to various policy and procedural memoranda which gives guidance to USCIS adjudicators in their work of processing applications and petitions for immigration benefits while still protecting national security.
This page provides access to various policy and procedural memoranda which gives guidance to USCIS adjudicators in their work of processing applications and petitions for immigration benefits while still protecting national security.
USCIS Memo: Consolidation of Guidance Concerning Unlawful Presence
- Controversial memo that says AOS candidates are deportable.
I don't care what the non-binding policy memo says, it can't trump a duly promulgated regulation. Indeed, I don't think that they were trying to do that. The problem stems from the fact that the policy memo is a lot of inarticulate babble and is very hard to decipher. In any case, it is a memo, not a statute or a regulation and it must bow in the face of a regulation with contradictory information.
Effect of Travel While in H1B / L-1 Status and Pending I-485 : Murthy.com
http://www.murthy.com/news/n_efftrv.htm
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion.
There are questions commonly on the minds of many Murthy Law Firm clients, as well as the greater immigrant community, that involve the effect of reentry into the U.S. on those who hold H1B or L-1 status as well as having approved Advance Parole (AP) based upon pending applications to adjust status (I-485). The law pertaining to this situation is not clear and the result is confusion.
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