ImmInfo Newsletter
Contents   Vol. 3, No.11,
October 15, 2009
  • Employment based visa availability for fiscal year 2010 

  • What duties do attorneys hired by employers owe employees?

  • November Visa Bulletin: Does it tell us anything?

  • Gutierrez CIR proposal announced

  • The October 1st myth

  • EB3 to EB3 upgrade issues

  • Trends for H1B consulting companies and their employees

 

 

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Employment based visa availability for fiscal year 2010
Following the release of the CIS backlog statistics last month, many people have attempted to project Visa Bulletin cutoff date movement for the next year. Unfortunately, most who do this are working from incorrect assumptions and invalid or incomplete data. The problem that we all face is that the necessary data to make even semi-accurate projections simply isn’t available. 
To read the full article, click here

What duties do attorneys hired by employers owe employees?

Attorneys owe absolute duties of loyalty and confidentiality to their clients. Problems arise, however, when there is a conflict of interest. Such conflicts arise when attorneys have separate clients with conflicting interests. This situation very commonly arises when an attorney represents both an employer and employee.

To read the full article, click here

November Visa Bulletin: Does it tell us anything?
The November Visa Bulletin is out. While it does not contain a great deal of explicit information, there is a lot that can be inferred from what it does tell us. First, as for what it tells us explicitly. Paragraph E informs us that: 
To read the full article, click here

Gutierrez CIR proposal announced
On Tuesday, October 13, 2009 Rep. Luis Gutierrez of Illinois announced a proposal for Comprehensive Immigration Reform (CIR) during a rally on the West Lawn of the US Capitol. With him for the announcement were Rep. Nydia Velazquez of the Congressional Hispanic Caucus and Rep. Michael Honda of the Congressional Asian Pacific American Caucus. 
To read the full article, click here

The October 1st myth

Within the last month, we have received numerous calls regarding the availability of H1b visas after October 1st. The rumor that has spread around the Internet is that after October 1st, a person cannot file for an H-1b. This rumor is completely wrong! The H-1b quota for fiscal year 2010 is open until one of two things occurs - either the quota is exhausted because all of the visas have been issued or October 1st, 2010 has arrived.

To read the full article, click here

EB3 to EB2 upgrade issues
In recent issues of the ImmInfo Newsletter, we have discussed upgrades from employment based third preference (EB3) to employment based second preference (EB2). The text of a recent article can be found by clicking here. To read more about how the USCIS defines the term “advanced degree” please read this article. Let’s deal with some of the more frequently asked questions concerning these types of upgrades.
To read the full article, click here

Trends for H-1b Consulting Companies and their employees
Over the past year, we have seen a small evolution take place in regards to how the USCIS views consulting companies. This time last year and through the beginning of this year, we saw the USCIS take a very hard stance to towards consulting companies, specifically, the duration of H time for which they would approve an H. 
To read the full article, click here

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