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More and more States are trying to take immigration matters in their own hands and enacting punitive immigration laws for the illegal immigrants. This blog is not about illegal immigrants. This blog deals with how unnecessarily hard life is for legal immigrants, just because State agencies don't understand Immigration Law.
You need a social security number for everything. And a valid Immigration Approval notice. So lets take the case of Client C. He has an H-1B which expired on April 01, 2011. He filed for an extension on January 01, 2011. He got the receipt notice which just says its a receipt notice. But according to immigration laws his status is valid. He can work and stay in the US. However, come April 01, try and explain that to the driver's license agents in any state. They will simply not get a renewal. Without the car, it is extremely difficult for Cleint C to get to work. But if he does not work, according to Federal Immigration law his status is not valid. So yes, Client C has to get up at 4 am and take public transportation, cab or walk or bike to work.
Take the example of client B. He came to the US and married. He files adjustment of status. His wife cannot put him on any health insurance. He falls sick. Now what? They cannot rely on State welfare for his disease. And most people simply cannot afford to pay out of pocket for medical costs.
These legal immigrants are being penalized simply because States do not like illegal immigrants. And if these States enact these laws, should they at least attempt to teach their personnel the Federal Immigration laws?
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Showing posts with label Immigration. Show all posts
Showing posts with label Immigration. Show all posts
Wednesday, May 25, 2011
Tuesday, May 24, 2011
Why I came to America
A place has a lot to do with developing people. It nurtures and fosters creativity and intellectual growth. Such was the case of impressionist Paris. Artists all over Europe converged. Art, architecture, philosophy blossomed in the cafes of Mont Marte. Same was true of Rabindranath era Kolkata. Poetry, Revolution against the British, Science, and even soccer saw their heyday in the 19th century Kolkata.
I was born though in the latter part of the 20th Century in Kolkata. A Kolkata where thoughts were stiffled, a Kolkata that was fast falling behind the rest of the Indian mileau. I went to an all girl's Catholic school, and then to Presidency college, a college that had the repute of turning out scholars and revolutionaries. Yet, the 80s Presidency College I attended, with an English major, sought to stiffle my original thoughts. If you wanted the grades, you had to conform to the pattern of writing that was "prescribed " for you. Creativity had no place.
As was the case of most women in Kolkata at that time, I was never given a chance to develop physical prowess. No gyms, no biking. And of course, wearing a swim suit in public was out of question in my conservative family. How I cursed Kolkata when I wanted to learn, but found so difficult breathing in the water for swimming in the US. It took me a whole three months before I could swim two laps without stopping. Kids learn that in one week.
On the emotional part, dating was frowned upon. Even if it was allowed, you were never allowed to date more than one guy in your life time. So you better meet your perfect match on the first date, or be doomed to an arranged marriage, where the only thing that mattered was the guy's education, ability to earn, family (ie no one was divorced, or had any bad reputation)and of course a perfect horoscope match. I take that last one back. You can bribe any priest in India, like most other things in India, and get that perfect match if your parents really wanted that match.
Yet with a billion people, things dont come easy in India. We had to work hard for the grades, and your social life depends on your standardized exam scores. Thus the value of education and hard work were ingrained in me.
So I journeyed across the ocean, and today I am proud to be an American. Law school taught me how to think analytically instead of conforming to a pattern. The society gave me the freedom to do what I wanted. I am still proud of the fact that I drove by myself from Canada to Rochester New York to see the lilac festival, a feat that Americans would take for granted shortly after I came to the US. And I can swim, run, bike, do whatever I want, in clothes that do not encumber these activities. When I see Indian women in my gym, wearing long pants and sweating like anything, I feel so glad to be an American, wearing shrots, without caring.
But also my drive to achieve and hard work propelled me forward. After graduating third highest in my law school, I practiced law, but also focussed my energy on raising my kids. A combination of American thought and Indian work ethic led my children into ivy leagues and subsequently into med school. And that is the value of America, where the thought, culture and opportunity is mingled with the old world hard work and ethics. The end result of immigration then is SUCCESS.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
I was born though in the latter part of the 20th Century in Kolkata. A Kolkata where thoughts were stiffled, a Kolkata that was fast falling behind the rest of the Indian mileau. I went to an all girl's Catholic school, and then to Presidency college, a college that had the repute of turning out scholars and revolutionaries. Yet, the 80s Presidency College I attended, with an English major, sought to stiffle my original thoughts. If you wanted the grades, you had to conform to the pattern of writing that was "prescribed " for you. Creativity had no place.
As was the case of most women in Kolkata at that time, I was never given a chance to develop physical prowess. No gyms, no biking. And of course, wearing a swim suit in public was out of question in my conservative family. How I cursed Kolkata when I wanted to learn, but found so difficult breathing in the water for swimming in the US. It took me a whole three months before I could swim two laps without stopping. Kids learn that in one week.
On the emotional part, dating was frowned upon. Even if it was allowed, you were never allowed to date more than one guy in your life time. So you better meet your perfect match on the first date, or be doomed to an arranged marriage, where the only thing that mattered was the guy's education, ability to earn, family (ie no one was divorced, or had any bad reputation)and of course a perfect horoscope match. I take that last one back. You can bribe any priest in India, like most other things in India, and get that perfect match if your parents really wanted that match.
Yet with a billion people, things dont come easy in India. We had to work hard for the grades, and your social life depends on your standardized exam scores. Thus the value of education and hard work were ingrained in me.
So I journeyed across the ocean, and today I am proud to be an American. Law school taught me how to think analytically instead of conforming to a pattern. The society gave me the freedom to do what I wanted. I am still proud of the fact that I drove by myself from Canada to Rochester New York to see the lilac festival, a feat that Americans would take for granted shortly after I came to the US. And I can swim, run, bike, do whatever I want, in clothes that do not encumber these activities. When I see Indian women in my gym, wearing long pants and sweating like anything, I feel so glad to be an American, wearing shrots, without caring.
But also my drive to achieve and hard work propelled me forward. After graduating third highest in my law school, I practiced law, but also focussed my energy on raising my kids. A combination of American thought and Indian work ethic led my children into ivy leagues and subsequently into med school. And that is the value of America, where the thought, culture and opportunity is mingled with the old world hard work and ethics. The end result of immigration then is SUCCESS.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Sunday, May 1, 2011
Anti Immigration Stance and Xenophobia
A recent New York Times article traces the modern anti immigration movement to Dr. John Tanton.
http://www.nytimes.com/2011/04/17/us/17immig.html?_r=1&scp=1&sq=John%20Tanton&st=cse
The article points out that Dr. Tanton's writing reveals that he believes in genetic supremacy of the white race. In fairness, the article also points out how pro-immigration crusadors are demonizing the entire anti immigration movement by pinning it on the supremacist views of Dr. Tanton. However, the anti immigration movement is NOT a centrist movement as their proponents claim. No immigrant (legal or illegal) is taking the job of any US Citizen. Our laws make it very difficult to employ immigrants, legal or illegal. And no one will leave their country and come to the United States if they dont find jobs. And do these immigrants lower the wages? YOU BET. But thats the reality of a marketplace. If we artificially restrict movement of people and inflate our wages, then countries like China will simply fill the void. And if we restrict trade as well---- well, we will go back to the 19th Century society, and watch as the world turns. We are one world now, and the world is a mouse click away. Lets just accept this and move on. If US Citizens want a job, compete just like immigrants do.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
http://www.nytimes.com/2011/04/17/us/17immig.html?_r=1&scp=1&sq=John%20Tanton&st=cse
The article points out that Dr. Tanton's writing reveals that he believes in genetic supremacy of the white race. In fairness, the article also points out how pro-immigration crusadors are demonizing the entire anti immigration movement by pinning it on the supremacist views of Dr. Tanton. However, the anti immigration movement is NOT a centrist movement as their proponents claim. No immigrant (legal or illegal) is taking the job of any US Citizen. Our laws make it very difficult to employ immigrants, legal or illegal. And no one will leave their country and come to the United States if they dont find jobs. And do these immigrants lower the wages? YOU BET. But thats the reality of a marketplace. If we artificially restrict movement of people and inflate our wages, then countries like China will simply fill the void. And if we restrict trade as well---- well, we will go back to the 19th Century society, and watch as the world turns. We are one world now, and the world is a mouse click away. Lets just accept this and move on. If US Citizens want a job, compete just like immigrants do.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Friday, April 15, 2011
Employment Based Category 1
This week the USCIS published a Statistics of its denial rates for Employment Based First Preference (EB-1) categories of Aliens with Extraordinary Ability and Outstanding Researchers categories. Extraordinary Ability is a self petition and has a higher standard than Outstanding Researcher which is petitioned by Universities and Research Institutions. The denial rate for Extraoridnary Ability has gone down. In 2010 for Extraordinary Ability was 38%, as opposed to 2008 when it was 53%. In 2009 it was 41%
However the denial rate for Outstanding Researcher has gone up. In 2010 it was 9% as opposed to an all time high in 2007 of 10%. In 2009 it was 7%
This is just statistics. It does not mean that Extraordinary Ability has become any easier. What's astounding is the very high rate of denials. Many researchers who are young and thus haven't risen to the level of Extraordinary Researchers, but were born in India or China, where an EB-2 National Interest Waiver takes forever; choose to file under Extraordinary Ability and gets denied. Their institutions do not want to sponsor them, so they self petition under Extraordinary Ability. Unless a researcher has discovered something extremely novel, which will help mankind, a post doc usually does not qualify under Extraordinary Ability.
Similarly I don't think that Outstanding Researcher has gotten any more difficult. Many of those petitions are done by the International Affairs divisons of Universities, where they are not attorneys and produce poorly written petitions.
But as with grants for researchers, immigration law does not have the ability to see the young mind thinking of novel ideas. And going back to statistics again, most extraordinary research was done when the researcher was in their prime. (Think relativity) Young minds can challenge assumptions, and rebel against established thought to produce revolutionary new discoveries. Yet lots of them were squashed because of lack of funding and some leave for greener pastures in other countries, because the immigration process under EB-2 takes too long.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
However the denial rate for Outstanding Researcher has gone up. In 2010 it was 9% as opposed to an all time high in 2007 of 10%. In 2009 it was 7%
This is just statistics. It does not mean that Extraordinary Ability has become any easier. What's astounding is the very high rate of denials. Many researchers who are young and thus haven't risen to the level of Extraordinary Researchers, but were born in India or China, where an EB-2 National Interest Waiver takes forever; choose to file under Extraordinary Ability and gets denied. Their institutions do not want to sponsor them, so they self petition under Extraordinary Ability. Unless a researcher has discovered something extremely novel, which will help mankind, a post doc usually does not qualify under Extraordinary Ability.
Similarly I don't think that Outstanding Researcher has gotten any more difficult. Many of those petitions are done by the International Affairs divisons of Universities, where they are not attorneys and produce poorly written petitions.
But as with grants for researchers, immigration law does not have the ability to see the young mind thinking of novel ideas. And going back to statistics again, most extraordinary research was done when the researcher was in their prime. (Think relativity) Young minds can challenge assumptions, and rebel against established thought to produce revolutionary new discoveries. Yet lots of them were squashed because of lack of funding and some leave for greener pastures in other countries, because the immigration process under EB-2 takes too long.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Friday, February 25, 2011
Sputnik Moment for the arts?
This weekend I'm going out with some friends to a Korean restaurant in Houston. Not the kind of place where the menu is in Korean and the food looks like it could be in Seoul. We don't have such places in Houston, or New York, or LA. To find authentic food, other than that country, you need to travel to Canada. Why? Because we will simply not give immigration to Chefs.
President Obama reiterated our Sputnik moment, a moment when we competed with Russia in the space war and won it. And yes, we want the brightest and the best. But only the brightest and the best in Science. We give an additional 17 month work permit for foreign students in Science, Technology, Engineering and Math. The rest of the subjects don't matter to us. In general Extraordinary Ability visas are easier for Scientists to obtain than artists. And yes, the measly budget that the Government spends on the National Endowment for the Arts gets slashed every time, to increase budgets like the military.
As a Society we consciously chose to become a melting pot. And we did that with great success. Countries like Canada, England or France which chose multiculturalism created sub classes of immigrants with awful race relations. Yet we are not adding to our melting pot.
During New York's Fashion Week, Mayor Michael Bloomberg argued that the country's immigration policies jeopardize New York's status as "the fashion capital of the world," saying they limit visas for designers, manufacturers and, yes, models. Similarly throughout the country artistic performances get canceled because artists don't get visas. And what's strange is that most politicians, including President Obama are humanities majors. Yet until they realize the importance of the arts, I have to be content with my American version of Korean food.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
President Obama reiterated our Sputnik moment, a moment when we competed with Russia in the space war and won it. And yes, we want the brightest and the best. But only the brightest and the best in Science. We give an additional 17 month work permit for foreign students in Science, Technology, Engineering and Math. The rest of the subjects don't matter to us. In general Extraordinary Ability visas are easier for Scientists to obtain than artists. And yes, the measly budget that the Government spends on the National Endowment for the Arts gets slashed every time, to increase budgets like the military.
As a Society we consciously chose to become a melting pot. And we did that with great success. Countries like Canada, England or France which chose multiculturalism created sub classes of immigrants with awful race relations. Yet we are not adding to our melting pot.
During New York's Fashion Week, Mayor Michael Bloomberg argued that the country's immigration policies jeopardize New York's status as "the fashion capital of the world," saying they limit visas for designers, manufacturers and, yes, models. Similarly throughout the country artistic performances get canceled because artists don't get visas. And what's strange is that most politicians, including President Obama are humanities majors. Yet until they realize the importance of the arts, I have to be content with my American version of Korean food.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Friday, February 11, 2011
Immigration Scams that you should know about
Immigration Scams are easy jobs. The immigrants are trusting, and willing to give everything for immigration. And the scam artists know that. Here are some common things to look out for:
In the United States, ALL Government web sites end with dot gov. So if the web site says dot com, dot org or anything else, it is not a Government web site.
No one, not even the President of the United States can promise immigration. In fact, President Obama's aunt, his father's sister, (someone who President Obama did not know existed) was living here illegally. The Government deported her, even though her nephew was the President. This is the United States, and this is why people want to come here.
Similarly, many lawyers in big law firms promise that they are tight with the CIS, can can process the papers faster, better. Not true. There is NO influence peddling in the Government. The biggest Immigration law firm in the United States was audited by the Department of Labor when they were suspected of illegal practices, and each and every case suffered.
Immigration lawyers can only process immigration papers. They cannot give you a job, an office for L-1 a spouse or anything. Anybody who promises that is fraudulent. A Houston lawyer was found to be doing that with L-1 visas. Now she is in jail, and all her cases are being audited.
The Diversity visa is done through a lottery. The lottery is done by computers. Many people claim they can influence the results--- NOT TRUE.
Notarios are not lawyers in the United States. They are not supposed to be practicing law. They can only attest to the fact that if someone signs, that the person is really the one signing.
And finally, check out the lawyer's credentials before hiring her. Ask questions. Most lawyers have their degrees and licenses to practice law framed in their offices. Read those to determine that it is indeed a true LAW degree. Many times a degree in a certain law: "Bachelors in Criminal Law" or "Bachelors in Environmental law" are not true JD degrees.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
In the United States, ALL Government web sites end with dot gov. So if the web site says dot com, dot org or anything else, it is not a Government web site.
No one, not even the President of the United States can promise immigration. In fact, President Obama's aunt, his father's sister, (someone who President Obama did not know existed) was living here illegally. The Government deported her, even though her nephew was the President. This is the United States, and this is why people want to come here.
Similarly, many lawyers in big law firms promise that they are tight with the CIS, can can process the papers faster, better. Not true. There is NO influence peddling in the Government. The biggest Immigration law firm in the United States was audited by the Department of Labor when they were suspected of illegal practices, and each and every case suffered.
Immigration lawyers can only process immigration papers. They cannot give you a job, an office for L-1 a spouse or anything. Anybody who promises that is fraudulent. A Houston lawyer was found to be doing that with L-1 visas. Now she is in jail, and all her cases are being audited.
The Diversity visa is done through a lottery. The lottery is done by computers. Many people claim they can influence the results--- NOT TRUE.
Notarios are not lawyers in the United States. They are not supposed to be practicing law. They can only attest to the fact that if someone signs, that the person is really the one signing.
And finally, check out the lawyer's credentials before hiring her. Ask questions. Most lawyers have their degrees and licenses to practice law framed in their offices. Read those to determine that it is indeed a true LAW degree. Many times a degree in a certain law: "Bachelors in Criminal Law" or "Bachelors in Environmental law" are not true JD degrees.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Thursday, January 13, 2011
Does Immigrants actually take jobs?
Meet Mr. Patel. He came to this country from India, illegally at first, many years ago, and then naturalized. He started working at the bottom of the ladder, in his cousin's motel. He worked at least 12 hour days and saved money. Eventually he bought a motel, then another. Now he has a string of 6 Holiday Inns. He employs a lot of Americans.
Meet Mr. Ebrahim. He came from Pakistan on a visitor's visa pre 9/11. He bought a convenience store. Initially the whole family worked 24/7 to keep it going. Now he has 3 convenience store. He employs a lot of Americans.
Meet Mr. Oschwitz. He came to the US on an L-1 visa from Romania. After the fall of the Iron Curtain, and the rise of Capitalism, he opened a chain of gas stations in Romania. He brought over a million US dollars. Now he owns 5 gas stations and an apartment complex here. He employs a lot of Americans.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Meet Mr. Reddy. He came over from India on an H-1B, and eventually got his green card. Now he has a big Computer Consultancy Company. He employs a lot of Americans.
Meet Mr. Bose. He came over from India as a student, graduated from MIT, and has his own business where he researches and makes audio equipments. He employs a lot of Americans.
I have altered the names of these individual to provide anonymity, but the stories are true.
Do hard working Immigrants really take jobs from American Citizens? Should we ban immigration, and take away the jobs of all Americans who work for an immigrant?
Meet Mr. Ebrahim. He came from Pakistan on a visitor's visa pre 9/11. He bought a convenience store. Initially the whole family worked 24/7 to keep it going. Now he has 3 convenience store. He employs a lot of Americans.
Meet Mr. Oschwitz. He came to the US on an L-1 visa from Romania. After the fall of the Iron Curtain, and the rise of Capitalism, he opened a chain of gas stations in Romania. He brought over a million US dollars. Now he owns 5 gas stations and an apartment complex here. He employs a lot of Americans.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Meet Mr. Reddy. He came over from India on an H-1B, and eventually got his green card. Now he has a big Computer Consultancy Company. He employs a lot of Americans.
Meet Mr. Bose. He came over from India as a student, graduated from MIT, and has his own business where he researches and makes audio equipments. He employs a lot of Americans.
I have altered the names of these individual to provide anonymity, but the stories are true.
Do hard working Immigrants really take jobs from American Citizens? Should we ban immigration, and take away the jobs of all Americans who work for an immigrant?
Tuesday, January 4, 2011
Can't we all get along?
Its a New Year- a time for a new better beginning. And with the Republicans winning most states, there will be plenty of anti immigration related bills in at least 6 or more states, following the lead of Arizona. The Republicans feel that since the federal Government won't do anything, it will be left up to the states to enact and enforce tough new immigration laws. The laws range from denying illegals right to public colleges to denying birthright citizenship to children of illegal immigrants.
It is not in anyone's interest to enact these punitive laws. The Republicans will loose the support of certain business interests. A coalition of business groups, including certain Chamber of Commerce is opposed to enacting punitive measures because certain businesses will not be able to find workers. US Citizens don't work in such jobs as poultry or construction--- hard jobs--- when they can collect food stamps, etc and survive on that. The increasing Hispanic population, which will be a major voting block in the future will also be opposed to punitive anti immigration measures.
Thus it is time for the feds, and Mr. Obama to enact a comprehensive Immigration bill. And by Comprehensive I mean both legal (mostly business immigration) and illegal immigration. Unlike the health care bill, this time the House controlled by Republicans will not bow down to an entirely Democratic agenda.
President Obama showed that he can be flexible and concede to some Republican demands. The Republicans want to better business immigration, while the democrats care about illegal people. Hopefully now that the house is Republican, and the Senate Democratic, we will be able to reach a happy median.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
It is not in anyone's interest to enact these punitive laws. The Republicans will loose the support of certain business interests. A coalition of business groups, including certain Chamber of Commerce is opposed to enacting punitive measures because certain businesses will not be able to find workers. US Citizens don't work in such jobs as poultry or construction--- hard jobs--- when they can collect food stamps, etc and survive on that. The increasing Hispanic population, which will be a major voting block in the future will also be opposed to punitive anti immigration measures.
Thus it is time for the feds, and Mr. Obama to enact a comprehensive Immigration bill. And by Comprehensive I mean both legal (mostly business immigration) and illegal immigration. Unlike the health care bill, this time the House controlled by Republicans will not bow down to an entirely Democratic agenda.
President Obama showed that he can be flexible and concede to some Republican demands. The Republicans want to better business immigration, while the democrats care about illegal people. Hopefully now that the house is Republican, and the Senate Democratic, we will be able to reach a happy median.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Thursday, November 4, 2010
Elections and Immigration
The elections are over, and voters have chosen overwhelmingly Republican candidates. Steve King would probably become the next chairman of the House committee on Immigration.
He is fervently anti immigrant. He believes that illegal immigrants are all terrorists, and that they have killed more Americans than Iraq and Afganistan combined. He hates Muslims. And yes, he loves the Arizona Immigration Act. A model Republican.
Will he change? Will he attempt any Comprehensive Immigration Reform? That all depends on what the voting climate is, about a year from now. If the Republicans maintain their "just say no" policy, voters may get frustrated. Also if the economy improves, the general public may want to have immigration reforms. Then he will certainly change colors.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
He is fervently anti immigrant. He believes that illegal immigrants are all terrorists, and that they have killed more Americans than Iraq and Afganistan combined. He hates Muslims. And yes, he loves the Arizona Immigration Act. A model Republican.
Will he change? Will he attempt any Comprehensive Immigration Reform? That all depends on what the voting climate is, about a year from now. If the Republicans maintain their "just say no" policy, voters may get frustrated. Also if the economy improves, the general public may want to have immigration reforms. Then he will certainly change colors.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Thursday, October 7, 2010
Reference Letters for National Interest Waiver Cases
Reference letters are key to proving many research based immigration cases. However the reference that Citizenship and Immigration Service (CIS) likes is not the same type one would get to obtain a job. The major thing that CIS is interested in, is the opinion of scientists in the field.
The CIS does not care about big names in the field. The Government would be barred by 14th amendment, to give more credence to someone from say Harvard, rather than say Podunkhollow University. Yet scientist very often want to get so so references from big names in the field, rather than good reference from not so well known scientist. CIS officers are NOT scientists. They just want a scientist in the field. Their credentials are meant to just qualify them to speak on the issue. It is more important what they say, rather than who they are.
The CIS does not care if you are hard working, diligent, easy to get along with. They are not paying you to work, nor are they working with you. The referees must prove the points of the law.
The referees need to say:
1. Why your work is important in their field
2. Why you are better than the average researchers in your field
3. How your research will help the US as a whole
Usually disinterested referees are the best, those people who are not your friends, or co-workers, but know you only professionally and are familiar with your work, rather than with you.
There is no magic number of references, but I usually go for 10.
Conclude by saying why the referee thinks that labor certification will be a laborious process that might hinder the research progress.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
The CIS does not care about big names in the field. The Government would be barred by 14th amendment, to give more credence to someone from say Harvard, rather than say Podunkhollow University. Yet scientist very often want to get so so references from big names in the field, rather than good reference from not so well known scientist. CIS officers are NOT scientists. They just want a scientist in the field. Their credentials are meant to just qualify them to speak on the issue. It is more important what they say, rather than who they are.
The CIS does not care if you are hard working, diligent, easy to get along with. They are not paying you to work, nor are they working with you. The referees must prove the points of the law.
The referees need to say:
1. Why your work is important in their field
2. Why you are better than the average researchers in your field
3. How your research will help the US as a whole
Usually disinterested referees are the best, those people who are not your friends, or co-workers, but know you only professionally and are familiar with your work, rather than with you.
There is no magic number of references, but I usually go for 10.
Conclude by saying why the referee thinks that labor certification will be a laborious process that might hinder the research progress.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Thursday, September 30, 2010
Assylum Cases
Three attorneys in California has been indicted of filing false Asylum cases. Judge Damrell said that while there were flaws in the asylum system that "doesn't give license to lawyers to take advantage of it." The lawyers apparently filed fraudulent applications.
Yes, the Asylum system is riddled with flaws. Full disclosure first: I do NOT practice Asylum, and my knowledge is limited. However I do practice immigration law.
Asylum is granted to individuals who, if they were to return to their home country would be persecuted. While it is true that many people all over the world are persecuted, I believe only very few can come to the US. All countries are basically economic entities. So even though different races fight, basically it is the poor who gets persecuted. Whether its between different political parties, between Hutus or Tutsis, between Shias and Sunnis, between blacks and whites, between different drug factions, it is seldom that the rich suffer. They have resources to hide or bribe the opposing party. It is usually the poor who gets persecuted and they usually do not have the resources to come to America.
I had once taken a pro bono asylum case from the Catholic Charities. This person was from Africa. When I first heard his story, he sounded very authentic. His story moved my heart. He also convinced a doctor to write about psychological implications for him. I wrote a fantastic brief.
The story was that both him and his girl friend were persecuted. Horrible acts of atrocities. As time went on, the guy asked me that he had changed girl friends, and can we substitute the new name. Gradually I became convinced that he was scamming us. He knew the story of someone, and just substituted himself. He had the Catholic Charities, the doctor and me fooled. I withdrew and so did Catholic Charities. I have no idea if this person is still in the US, probably he paid some lawyer to represent him.
That was my one and only asylum case. I am not saying all asylum cases are bogus, but my guess is that a substantial majority are. However the State Bar of Texas wants you to take certain of these cases BEFORE you can even sit the exam for Board Certification.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Yes, the Asylum system is riddled with flaws. Full disclosure first: I do NOT practice Asylum, and my knowledge is limited. However I do practice immigration law.
Asylum is granted to individuals who, if they were to return to their home country would be persecuted. While it is true that many people all over the world are persecuted, I believe only very few can come to the US. All countries are basically economic entities. So even though different races fight, basically it is the poor who gets persecuted. Whether its between different political parties, between Hutus or Tutsis, between Shias and Sunnis, between blacks and whites, between different drug factions, it is seldom that the rich suffer. They have resources to hide or bribe the opposing party. It is usually the poor who gets persecuted and they usually do not have the resources to come to America.
I had once taken a pro bono asylum case from the Catholic Charities. This person was from Africa. When I first heard his story, he sounded very authentic. His story moved my heart. He also convinced a doctor to write about psychological implications for him. I wrote a fantastic brief.
The story was that both him and his girl friend were persecuted. Horrible acts of atrocities. As time went on, the guy asked me that he had changed girl friends, and can we substitute the new name. Gradually I became convinced that he was scamming us. He knew the story of someone, and just substituted himself. He had the Catholic Charities, the doctor and me fooled. I withdrew and so did Catholic Charities. I have no idea if this person is still in the US, probably he paid some lawyer to represent him.
That was my one and only asylum case. I am not saying all asylum cases are bogus, but my guess is that a substantial majority are. However the State Bar of Texas wants you to take certain of these cases BEFORE you can even sit the exam for Board Certification.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Friday, September 24, 2010
Immigration and Stephen Colbert
I loved Stephen Colbert's Republican solutions for alternatives to legalizing the illegal farm workers. No American will work in farms, and we wont legalize the Mexicans who actually work there. So:
1. We should grow fruits and vegetables that pick themselves--- with the help of Fruit of the Loom Scientists
2. Stop eating fruits and vegetables--- Which Americans have started doing already
In the same vein, I would like to add some Democratic Solutions to Professional Employment based visas, where it seems they have a vendetta againt Indian Computer Professionals.
1. Make the average Permanent Visa wait times for Indian and Chinese people to be 150 years. Dont extend their H-1B, they just need to go back to India or China and come back in 150 years
2. Stop programming office Computers----- go work in the farms instead. Kill two birds with one stone--- no more Indian Computer professional, and no more illegal Mexicans either. Immigration problem solved.
3. Raise the taxes of the Indian and Chinese H-1B professionals to 200% of their income. Not only will we take care of border security (which we are now doing with the $4000/- per H-1B fees from Indian Companies), but we will also take care of the budget deficit with the Indian and Chinese money. Then we can give Cadillac health care to all those people who had stopped eating fruits and vegetables following Mr. Colbert.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
1. We should grow fruits and vegetables that pick themselves--- with the help of Fruit of the Loom Scientists
2. Stop eating fruits and vegetables--- Which Americans have started doing already
In the same vein, I would like to add some Democratic Solutions to Professional Employment based visas, where it seems they have a vendetta againt Indian Computer Professionals.
1. Make the average Permanent Visa wait times for Indian and Chinese people to be 150 years. Dont extend their H-1B, they just need to go back to India or China and come back in 150 years
2. Stop programming office Computers----- go work in the farms instead. Kill two birds with one stone--- no more Indian Computer professional, and no more illegal Mexicans either. Immigration problem solved.
3. Raise the taxes of the Indian and Chinese H-1B professionals to 200% of their income. Not only will we take care of border security (which we are now doing with the $4000/- per H-1B fees from Indian Companies), but we will also take care of the budget deficit with the Indian and Chinese money. Then we can give Cadillac health care to all those people who had stopped eating fruits and vegetables following Mr. Colbert.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Friday, August 6, 2010
Leaked CIS Memo
On Sunday, July 29, a memo written by 4 chief personnel (including Mr. Neufeld of the now infamous January 8 H-1B memo) wrote a proposal to Director Mayorkas about strategies that the CIS can provide to individuals, to " promote family unity, foster economic growth ....... and reduce the threat of removal of certain individuals." Of course the Republicans immediately decried the memo as providing "backdoor amnesty." However, as the Republicans fail to realize, these are remedies that will make America economically stronger, and promises no one the Permanent Residency.
Amongst the business immigration proposals, is extending the 10 day grace period usually given at the end of a visa before a foreign national has to return to her home country to 45-90 days. In this economy many H-1Bs have lost their jobs. They have homes, their children have schools, etc. Clearly 10 days is not enough to pack up and leave a place that someone called home for years.
The agency might also grant work permits to H-4 non immigrant spouses of H-1B workers. H-1Bs are given to Specialized Professionals. The visa is initially given for 3 yrs and a total of 6 yrs. The spouses cannot work. Human nature demands that people be productive. I have seen marriages break up because spouses cannot work. Letting someone stay in the country for 6 years and beyond, and not granting them the right to work is a violation of a fundamental right.
The third proposal is to grant "dual intent" ie intent to have Permanent Residency to F (students) O (Outstanding category) TN (Nafta treaty visas), P (athletes and Performers) and E (Treaty trader) visa holders. This dual intent is available for H and L visa holders, but not for the above mentioned professionals. However it is in the US National interest to grant Permanent Residency to retain these professionals.
All of these above proposals are for legal non immigrants doing jobs which the majority of Republican and Tea Party supporters cannot do; jobs that require education, training and a brain. However, since this memo was leaked to the media, and there is tremendous Republican backlash, I doubt that any of these proposals will come to fruition.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Amongst the business immigration proposals, is extending the 10 day grace period usually given at the end of a visa before a foreign national has to return to her home country to 45-90 days. In this economy many H-1Bs have lost their jobs. They have homes, their children have schools, etc. Clearly 10 days is not enough to pack up and leave a place that someone called home for years.
The agency might also grant work permits to H-4 non immigrant spouses of H-1B workers. H-1Bs are given to Specialized Professionals. The visa is initially given for 3 yrs and a total of 6 yrs. The spouses cannot work. Human nature demands that people be productive. I have seen marriages break up because spouses cannot work. Letting someone stay in the country for 6 years and beyond, and not granting them the right to work is a violation of a fundamental right.
The third proposal is to grant "dual intent" ie intent to have Permanent Residency to F (students) O (Outstanding category) TN (Nafta treaty visas), P (athletes and Performers) and E (Treaty trader) visa holders. This dual intent is available for H and L visa holders, but not for the above mentioned professionals. However it is in the US National interest to grant Permanent Residency to retain these professionals.
All of these above proposals are for legal non immigrants doing jobs which the majority of Republican and Tea Party supporters cannot do; jobs that require education, training and a brain. However, since this memo was leaked to the media, and there is tremendous Republican backlash, I doubt that any of these proposals will come to fruition.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
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