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Home Immigration Atty. Joel Bander

Atty. Joel Bander

H-1B visas still available

(Editor’s note/Erratum: In the May 23 weekend issue of the Los Angeles Asian Journal, Atty. Joel Bander’s article, "H1-B Visas Still Available," was erroneously placed in Atty. Daniel Hanlon’s column. The Asian Journal deeply regrets this error and apologizes for any inconvenience that this unintended mistake has caused Atty. Bander and Atty. Hanlon. To make up for the misprint and correct the error, we are republishing Atty. Bander’s column.)

THE US Citizenship & Immigration Services (USCIS) announced on May 18, 2009 that it will continue to accept H-1B petitions for the fiscal year 2010. USCIS has only received approximately 45,500 petitions counting toward the general 65,000 cap and approximately 20,000 petitions for the 20,000 cap for aliens with advanced degrees.

Read more...
 

Changing jobs while on pending Form I-485

ACCORDING to the May 2009 Visa Bulletin, EB-3 visas are unavailable. The slow processing of applications for adjustment of status (Form I-485) and those with pending Form I-485 are faced with seemingly endless waiting for their green cards. This is problematic especially for those whose petitioning employers have shut down their businesses or at the brink of doing so due to the present economic situation. Fortunately, with the portability of employment-based immigrant petition (Form I-140), those with approved Form I-140 can avail of the opportunity to change to a new employment provided certain requirements are met.

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H-1B Visas still available!

THE US Citizenship & Immigration Services (USCIS) announced on April 9, 2009 that it will continue to accept H-1B petitions for the fiscal year 2010. USCIS has only received approximately 42,000 petitions counting toward the general 65,000 cap and approximately 20,000 petitions for the 20,000 cap for aliens with advanced degrees.

This turnout contrasts with our experience in 2007 and 2008, when USCIS was immediately swamped with more petitions than visa numbers available on the first two days of the filing season beginning April 1. During those years, USCIS conducted lottery and rejected thousands of applications that were not fortunate enough to be selected in the lottery. While many still expect USCIS to reach its ceiling this year, the question is whether USCIS will still conduct lottery once the ceiling has been reached.

 

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Changing employers while on an H-1B Visa

ARE you feeling tied down to your current job because of your H-1B visa? Did you receive a job offer from a different company but don’t know what to do? The fact is: You CAN change employers while on an H-1B visa! What is important is that you and your employer follow the correct procedure necessary to do this.

Read more...

H-2B Visa for Seasonal Employees

TheBureau of Labor Statistics reported that the employment growth rate in the country has been trending down while the unemployment rate has risen to 8.1% in February 2009. Construction and manufacturing reflected a slight decline while job growth in major industries in both the goods-producing and service-providing sectors continued to decline significantly.

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How do I bring my family to the US?

YOU can bring your family to the United States if you are a U.S. citizen, Legal Permanent Resident or U.S. non-immigrant.

A U.S. citizen or Legal Permanent Resident (LPR) needs to file Form I-130 immigrant petition for the alien relative. Visas are immediately available for the parents, spouses and unmarried minor children of a U.S. citizen. Any unmarried son or daughter of a U.S. citizen 21 years of age and above will have to wait 6-16 years (depending on your country of chargeability) before visas become available. For the married son or daughter and siblings of a U.S. citizen the waiting period may even take longer.

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When Moral Character Is an Issue in Naturalization

Most people apply for a green card with the ultimate goal of becoming a U.S. citizen someday.  Certain benefits are granted to citizens that are not available to green card holders, such as the right to vote in federal elections, right to obtain citizenship for children born abroad, eligibility for federal jobs, and right to become an elected official.  

The process of conferring citizenship on a person is called naturalization.  To be eligible for naturalization, the following requirements must be met: (1) must be a lawful permanent resident for 5 years, or 3 years if applying based on marriage to a U.S. citizen; (2) must be physically present for at least one-half of the 5-year or 3-year period; (3) must be 18 years or over; (4) must have resided for at least 3 months in the state where the application is filed; and (5) must meet the good moral character requirement for 5 years prior to filing the application.  

Read more...

How do I bring my family to the US?

YOU can bring your family to the United States if you are a U.S. citizen, Legal Permanent Resident or U.S. non-immigrant.

A U.S. citizen or Legal Permanent Resident (LPR) needs to file Form I-130 immigrant petition for the alien relative. Visas are immediately available for the parents, spouses and unmarried minor children of a U.S. citizen. Any unmarried son or daughter of a U.S. citizen 21 years of age and above will have to wait 6-16 years (depending on your country of chargeability) before visas become available. For the married son or daughter and siblings of a U.S. citizen the waiting period may even take longer.

Read more...

Changing employers while on an H-1B Visa

Are you feeling tied down to your current job because of your H-1B visa? Did you receive a job offer from a different company but don’t know what to do?

The fact is: You CAN change employers while on an H-1B visa! What is important is that you and your employer follow the correct procedure necessary to do this.

Read more...
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