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H1B Visa: Who Pays Legal Fees?

June 14, 2013

H1B Visa Fees

Author: New York Immigration attorney Alena Shautsova

H1B visa is one of the most common visas which are used to employ foreign workers in the U.S. It allows  foreign specialists from a variety of occupations to be legally employed in the US, as well as provides for a dependent status for their family members.

The process of H1B visa starts with an employee finding an employer in the US who is willing and able to hire the employee; is willing to sponsor the foreign worker; and wait for him/her to get appropriate documents. There are filing deadlines which start from April 1 each year.If  the employer’s petition is granted, an employee will be able to start employment on October 1 of the year the application/petition was filed. Sometimes, however, the adjudication of the petition takes much longer, and the start date understandably will be delayed.
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TPS Holders May Adjust Their Status To LPR Says 6th Circuit

June 5, 2013

Holders of the TPS who entered the US without inspection (EWI) may nevertheless successfully adjust their status to one of a permanent resident…  Flores v. USCIS, (June 4, 2013 6th Cir). The 6th Circuit rejected long standing government position that the holders of the TPS status who came to the US without inspection may not adjust their status to LPR even if subsequently they marry a US citizen.
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Temporary Protected Status Extended for Salvadorans

May 30, 2013

Temporary Protected Status Extended for Salvadorans

USCIS announced that it extended TPS (Temporary Protected Status)   for eligible nationals of El Salvador for an additional 18 months, beginning Sept. 10, 2013, and ending March 9, 2015.

TPS is a temporary status allowing citizens of certain countries to remain in the U.S. even if they  entered the U.S. illegally. A person granted TPS is also eligible for an employment authorization. The  TPS status by itself does not “erase” an illegal entry but protects its holder from deportation.
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Discrimination At Workplace

May 24, 2013

Discrimination at Workplace: How and When to File a Complaint

Author: Employment Discrimination attorney Alena Shautsova

For the most part, many of us do not choose their colleagues and/or supervisors. We come to the workplace and have to “deal” with the people and practices that have already been established before us. Sometimes, it is difficult to distinguish between “that’s how we do it here” and “that’s seem illegal.” So, what do you do when something does not feel right?
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Unlawful Presence And Citizens Of Canada

May 20, 2013

Unlawful Presence For Canadian Citizens

Unlawful presence is usually starts to run when a person, who is not a US citizen or US permanent resident overstays their visa or authorized stay. It does not start to run for holders of D/S I-94s, such as F-1 or J-1 students, for whom a USCIS officer or an Immigration Judge has  not rendered a decision as to termination of their status and that they have to leave the country.

However, the question remains as to the validity of status for those who came in the US without a visa, such as citizens of Canada who come to the US without being formally “admitted.”
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F-1 Travel During Cap-Gap Extension

May 16, 2013

F-1 Travel During Cap-Gap Extension

Author: Alena Shautsova

Holders of F-1 status who applied for H1B change of status and were selected for the next fiscal year, have their status automatically prolonged until October 1: the first day when they can legally accept employment in H1B category.

Many of them, however, would like to visit their home country before they start the new work life. Can they do so and come back in F-1 status?
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Asylum Clock Settlement

May 14, 2013

Author: US Asylum attorney Alena Shautsova

Asylum clock issues have been preventing many applicants for asylum from receiving EAD and being able to support themselves while their cases being considered by Asylum Officer or Immigration Court. Sometimes, the wait time for EAD can be as long as several years. Imagine, during all this time the person is not able to legally work and have to accept jobs below minimum pay, hide from authorities and being stressed out every time the judge asks about his/her job situation.
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Defenses Against Removal And ICE Hold

May 13, 2013

Author: New York Deportation attorney Alena Shautsova

You just learned that your loved one was arrested and ICE put a hold on him/her. What do you need to do?

The first thing to do would be to consult with Criminal defense and Immigration attorneys. Very often, when an undocumented person or a permanent resident get arrested for criminal charges, the immigration authorities file an Immigration detainer: a document stating that upon release from the State or Federal custody, the person should be held up to 48 hours for ICE to come and take the person into their custody as they have a reason to believe the person is removable from the US. Most of the time, the basis for removal will be the pending criminal charges, which if come true (if the person is convicted or pleads guilty to them) will also become a problem under immigration laws. (See INA 212 and INA 237 for the list of offences that may render a person inadmissible or deportable).
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Amendments to Immigration Reform Bill

May 8, 2013

Today, American Immigration Lawyers Association published a list of amendments to Immigration Reform Bill filed by different senators.

You can view the list HERE.

Initially, the Immigration Reform bill was introduced by a group of eight senators (the “Gang of Eight”) and contained revolutionary proposals such as provisional waiver status, changes to asylum regulations, changes in employment and family immigration areas.
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Travel on Advance Parole Is not “Departure”

April 30, 2013

A person traveling on advance parole may still return to the US without triggering the unlawful presence bars. Citing Matter of Arrabally, the Eleventh Circuit held that the petitioner was not inadmissible under §212(a)(9)(B)(i)(II), because she left the United States pursuant to a grant of advance parole.
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