E3-An Alternative to H1B for Australian Nationals

The REAL ID Act of 2005 established a new non-immigrant visa category: “Reciprocal Visas for Nationals of Australia,” otherwise known as “E-3 Visas.” There are 10,500 E-3 visas allotted annually to qualified individuals.

Though the E-3 Visa is classified in the same category as E-1 (treaty trader) and E-2 (treaty investor) visas, E-3 visas share some similarities with H-1B Visas (workers in a specialty occupation). Therefore, the E-3 Visa can be understood as a slight hybrid between the two categories, and the E-3 visa has unique traits such as:

• An E-3 candidate can work for any qualified U.S. employer – the hiring company does not have to be owned by Australian nationals;
• An individual in E-3 status can file for H-1B status; and
• An annual cap that is separate from the annual H-1B cap.

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Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Employment agency owner sentenced in scheme to recruit undocumented workers in Atlanta, Southeast US

ATLANTA – Chun Yan Lin, 44, of Doraville, Ga., was sentenced Thursday in federal court for conspiring to transport and harbor illegal aliens, following a joint investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Department of Homeland Security, and the Federal Bureau of Investigation.

Lin was sentenced to two years in federal prison to be followed by three years of supervised release, and was ordered to forfeit $5,200 to the United States. Lin pleaded guilty to the charges on Oct. 20, 2010. Lin is expected to be deported upon completion of her sentence.

In all, 23 defendants have been sentenced and 10 employment agencies shut down in ten related cases.

“The recruitment, harboring and transportation of illegal aliens are very serious crimes,” said Brock Nicholson, special agent in charge of ICE HSI in Atlanta. “Those who put our nation’s security at risk to pocket a profit can expect to face similar serious consequences.”

From June 2009, through June 2010, Lin owned an employment agency called “Lucky,” in Chamblee, Ga., and conspired with others to transport and provide jobs to illegal aliens. Lin and other employment agency owners primarily placed the illegal aliens in restaurant jobs in South Carolina, Pennsylvania, Tennessee, Mississippi, and Georgia. The Lucky employment agency did not require or request any proof that the aliens had permission to be or work in the United States. The Lucky employment agency also advertised in Asian language newspapers and on the Internet. Lin charged the undocumented aliens a commission and transportation fee to place them in a restaurant or other job site and to drive them there, or in some cases charged the restaurant owners, who deducted the fees from their illegal workers’ modest pay.

The Lucky employment agency used paid drivers to minimize contact between the undocumented aliens and the outside world, including law enforcement. Restaurant owners Xiang Mei Ke and Huang Zheng of “Hong Kong Super Buffet” in Buford, Ga., and Jing Xing Jiang, the owner of “Fuji Buffet” in Lawrenceville, Ga., all previously pleaded guilty to hiring illegal workers and were sentenced on Jan. 25. In addition to employing the illegal workers, Zheng and Ke housed four of them in their home while Jiang housed seven illegal workers. Ke received eight months of home confinement and 30 months of probation. Zheng received three months in custody and a year of supervised release. Jiang received five months in home confinement and three years of probation.

U.S. Attorney, Northern District of Georgia, Sally Quillian Yates said, “Many of the workers in this case were underpaid for long work weeks and lived in substandard conditions, after being placed in locations in Atlanta and around the Southeast. Employment agencies that take advantage of the illegal employment trade will pay the price.”

“Exploiting others for profit while many of these individuals were vulnerable because they were in a country they were unfamiliar with is despicable,” said Brian D. Lamkin, special agent in charge, FBI Atlanta. “The FBI will continue to work with its law enforcement partners in eradicating such businesses that disregard the law and disregard the dignity and rights of others.”

A co-defendant in this case, Lucky employment agency driver Shu Xian Jia, 54, of Doraville, is scheduled to be sentenced on April 26 on a charge of transporting illegal aliens.

Assistant U.S. Attorneys Susan Coppedge and Phyllis Clerk prosecuted this case.

From www.ICE.gov

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Options for Laid off or Benched H-1B Workers

So you’ve been laid off or have been benched without pay, and you’re concerned about your H-1B work status. Perhaps you’ve been without employment for months, and finally found an interested employer who told you that they would hire you, but their attorney told them that you were not fine to transfer because you don’t have pay stubs to prove that you were maintaining status. People have told you the standard advice that “there is no grace period” in H-1B once you lose your job, and that you are therefore now unlawfully present in the US.

The truth of the matter is, even when you’ve been laid off or benched, you might not necessarily have to leave the country, especially if your termination was due to your employer’s unscrupulous conduct. Factors that weigh into the analysis as to whether you may port your H-1B to an new employer in the US include: 1) whether you have an unexpired H-1B visa in your passport, 2) whether your employer failed to pay you for your work, 3) whether your employer threatened you in any way, and 4) how long you’ve been without pay.

The following flowchart relating to applying for a change of H-1B employer gives an idea of how these factors come into play:

>>Read More

 

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Legal Guide for VAWA petitions – what to do if you are abused and is not a permanent resident

VAWA is a very powerful piece of legislation that has been successful in protecting abused spouses and children. Moreover, VAWA has very definite provisions to protect immigrants in abusive relationships. Below are the three main components of VAWA1

Who can use or benefit from VAWA?

Although VAWA stands for “Violence Against Women Act”, it applies to all spouses including abused men and children. A VAWA petition can be filed in situations where the spouse of the US citizen or Permanent Residence has abused the alien. Abuses do not always have to be physical. Abuse can be mental, psychological, physical, or a combination of all the above. In fact, many abuses are psychological and sometimes leave long lasting scars.

>>Read More

 

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Porting I485 (Adjustment of Status) under AC21

Adjustment of status portability is a creation of the American Competitiveness in the 21st Century Act (AC21) Pub. L No. 106-313, 114 Stat. 1251 (October 17, 2000), which amended Section 204(j) of the Immigration and Nationality Act.

This AC21 law allows employees to accept a job that is in the same or similar occupational classification as the job on which the I-140 petition was based, if an adjustment of status application (I-485) has been pending for 180 days or more.  The underlying I-140 petition remains valid, even though the applicant has changed jobs.

The determination that the new job is in the same or similar occupational classification is made by

1) Comparing the job duties in the original ETA 750 or 9089 or I-140 with the job duties of the new job;
2) Comparing the DOT or SOC codes of the I-140 with those of the new position;
3) Comparing the previous and new wage to see if there is a substantial discrepancy.

Jobs with very different responsibilities may still fall under the same occupational classification because the substantive knowledge required for those jobs can be identical.

If the originally intended employer withdraws the previously approved I-140 on or after the I-485 has been pending for 180 days, the I-140 remains valid. If the applicant has not already submitted evidence of the new qualifying offer of employment, the USCIS officer should issue a notice of intent to deny.

An applicant can “port” before the 180 days have passed because there is no requirement that the applicant ever have been employed by the original petitioner while the I-485 was pending. The only requirement is that there was an intent to accept that employment at the time that the adjustment of status application was filed.

>>Visit Us on www.peerallylaw.com

 

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Introducing Shah Peerally Law Group PC

The Shah Peerally Law Group is a leading full-service US immigration law firm headquartered in Newark, California, in the heart of the San Francisco Bay Area, serving clients nationwide. The law firm is led by American Immigration Lawyers Association (AILA) member attorneys Shah Peerally, Esq. and Hasan Abdullah, Esq.   Based on experience, professional achievements, and industry recognition, we have been rated as “superb” by the Avvo national attorney rating service, which is the highest rating class available.

We have assisted several skilled workers placed at Fortune 500 companies in obtaining work visas (H-1B visas), and multinational corporations bringing in intra-company transferees (L-1 visas). We are also skilled in labor certifications (PERM) and employment based green card petitions. As part of our services to employers, we advise on matters including I-9 compliance and DOL audits. We also help individuals, including political asylum seekers in removal proceedings, family-based green card applicants, and those seeking inadmissibility waivers. These are only a few of the services that we offer. Our staff is also multilingual, with members who speak French, Hindi, Urdu, Punjabi. and Arabic.

If you are seeking legal representation or advice: We recommend that you call our office at 510-742-5887 to set up a consultation.

If you are not sure you need a consultation: Send us an email, and we may review your query to see if we may help you. We also recommend that you explore our website. We provide a general overview of various types of visas and legal services in articles linked to the menu items at the bottom of this main page. We also write articles on an ongoing basis about more specific immigration topics. You can find our articles on the menu bar under “Media & Publications.” You may also tune into our radio show, the Shah Peerally Law Show, every Tuesday on AM 1170 KLOK from 11AM to noon, where we take live calls, discuss various immigration topics, and provide news on immigration. Finally, to stay up to date on immigration developments, from immigration reform to changes in filing fees, you may subscribe to our free newsletter.

* San Francisco – Oakland – San Jose Immigration Lawyers – Bay Area Immigration Attorneys –  Providing Green Card, Family Visa, and Citizenship Services throughout the United States *

>> Visit Us

 

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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