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Entries from Rajiv's Blog

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Updated: 3 years 40 weeks ago

Fraud allegations in tourist visa/ESTA entrants converting to green card

Jan 8th 2014


Discussing allegations of fraud and consequences when a short term visa holder tries to convert to green card or another long term visa from within the US.

EB-1 approval for scientist in 5 days!

Nov 27th 2013
I had to share this, an email from Diane, a member of our team yesterday:

How is that for quick approvals!!! Filed on Thursday of last week -
approval today! EB1 case that weighed 25 lbs at Federal Express to ship.
Largest case we have ever filed.
Have a Happy Thanksgiving! I know Dr. [Name Withheld] certainly will now. :) I love the pleasure we take in our clients' successes even after almost three decades of our practice. Happy Thanksgiving! Rajiv.

Government Shutdown – Impact on Immigration Matters -- Updated 3 October

Oct 2nd 2013
Government Shutdown – Impact on Immigration Matters
This page will be continually updated, as needed. Visit us again.

Congress has been unable to reach an agreement regarding the budget and
the Federal government officially shut down at 12:00 am on 10/01/2013. From this time forward, only "essential" government workers remain on the job. Here is a breakdown by agency:

USCIS Ombudsman: Office will be closed and will not accept online inquiries.

CBP: Inspection and law enforcement are considered "essential personnel" though they will probably have fewer officers on duty. All Ports of Entry are open; The Admissibility Review Office (ARO) is open; Global Entry enrollment centers are open. The CBP website will not be maintained.

DOL: OFLC (labor certification) functions are not “excepted” from a shutdown. The online systems, iCERT/PERM, will not continue to function. There will be no live support including any help lines and email responses.
DOL will not accept/process audit responses.

DOS: DOS (consulates) will continue as many normal operations as possible.

EOIR: EOIR will likely function only regarding its detained docket.

USCIS: Since many USCIS functions are funded by filing fees they are not affected and USCIS offices worldwide are open for interviews and appointments as scheduled.

FAQ FROM EMPLOYERS
_____________________________

Q1. Our employees are deployed at government sites. Are we still obliged to pay the H-1 wage?
A1. Yes. In my view, that obligation continues unabated.

Q2. Can we ask such employees to use their paid leave?
A2. No. If the employees voluntarily wish to do so for their convenience, I feel that would be legal. But the employer may not force employees to do so.

Government Shutdown – Impact on Immigration Matters

Oct 2nd 2013
Government Shutdown – Impact on Immigration Matters
This page will be continually updated, as needed. Visit us again.

Congress has been unable to reach an agreement regarding the budget and
the Federal government officially shut down at 12:00 am on 10/01/2013. From this time forward, only "essential" government workers remain on the job. Here is a breakdown by agency:

CBP: Inspection and law enforcement are considered "essential personnel" though they will probably have fewer officers on duty. All Ports of Entry are open; The Admissibility Review Office (ARO) is open; Global Entry enrollment centers are open. The CBP website will not be maintained.

DOL: OFLC (labor certification) functions are not “excepted” from a shutdown. The online systems, iCERT/PERM, will not continue to function. There will be no live support including any help lines and email responses.
DOL will not accept/process audit responses.

DOS: DOS (consulates) will continue as many normal operations as possible.

EOIR: EOIR will likely function only regarding its detained docket.

USCIS: Since many USCIS functions are funded by filing fees they are not affected and USCIS offices worldwide are open for interviews and appointments as scheduled.

FAQ FROM EMPLOYERS
_____________________________

Q1. Our employees are deployed at government sites. Are we still obliged to pay the H-1 wage?
A1. Yes. In my view, that obligation continues unabated.

Q2. Can we ask such employees to use their paid leave?
A2. No. If the employees voluntarily wish to do so for their convenience, I feel that would be legal. But the employer may not force employees to do so.
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