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Immigration Daily

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Immigration Daily April 17, 2008
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Forever Waiting: Optimizing The Adjustment

ILW.COM is pleased to announce a 3-part telephone seminar series "Forever Waiting: Optimizing The Adjustment", the curriculum is as follows:

FIRST Phone Session on April 24th: AOS Portability, 245(k) and EAD/AP Renewals

  • What is it OK to port?
  • Serial porters
  • What if an employee ported before the adjustment application was pending for 180 days?
  • Does an employee need to rely on portability for a job change or promotion?
  • 245(k) and the long-pending adjustment of status application
  • EAD/AP Renewals: Fees and the 120-day filing rule
  • Dual representation issues - employer's responsibility to support adjustment of status application, EAD v. nonimmigrant status
SECOND Phone Session on May 29th: Travel and Maintenance of Nonimmigrant Status
  • Is it necessary/advisable/possible to maintain nonimmigrant status?
  • What affect will travel have on the AOS application?
  • H and L nonimmigrants and the dual intent travel memo
  • Extending status of those traveling on AP
  • Dependents - do they need to be in the same status as the principal?
  • Is it possible to get back into nonimmigrant status after allowing that status to lapse?
  • Post-sixth-year H-1B extensions with a new employer
THIRD Phone Session on June 26th: Dealing with Dependents and Understanding the Unpredictable Visa Bulletin
  • Can dependents work on EADs while the principal maintains nonimmigrant status?
  • Must all family members use AP and/or nonimmigrant visas?
  • How does visa retrogression affect eligibility under the CSPA?
  • Visa bulletin prospects for the future
  • Filing I-140s in multiple EB categories
  • Keeping an eye on cross-chargeability
The deadline to sign up is Tuesday, April 22nd. For more info, including speaker bios, detailed curriculum, and registration information, please see: . (Fax version:


AAO Approves EB-2 I-140 For Beneficiary With A 3-Year Bachelor's Degree And A 2-Year Master's Degree From India
Cora-Ann V. Pestaina writes "This decision should not be perceived as a blanket endorsement of all 2-year foreign Master's degrees that are preceded by a 3-year Bachelor's degree."

Bloggings: April 17, 2008
Greg Siskind shares the latest entries to his blog.

To submit an Article for consideration, write to


DOL Final Rule On E3 Visas
DOL promulgated a final rule amending its regulations regarding the temporary employment of nonimmigrant foreign professionals in order to implement procedural requirements applicable to the E-3 visa category.

Aytes Memo On Extension Of Validity Of Medical Certifications
USCIS Associate Director Aytes issued a memo on the extension of validity of medical certifications on Form I-693.


Help Wanted: Immigration Professional
Rockville, MD - Hammond Claxon, P.C., nationally-recognized 6-person business immigration boutique, seeks law firm administrator to ensure efficient workflow, implement/coordinate practice management software, automate procedures, coordinate billing and finances, handle personnel matters, open and assign cases, assist in marketing and planning for changing needs of the firm. Must have 4+ years experience in legal or other professional service organizations, strong communication and administrative skills, ability to work independently and organize and prioritize work and availability for overtime. Excellent growth opportunity for legal secretary or paralegal. Email resume to

Help Wanted: Immigration Paralegal
Dupont Circle, DC - Fast-paced, dynamic nationally recognized, immigration law firm seeks motivated, detail-oriented individual for business immigration paralegal position. Strong organizational, writing, and interpersonal skills required. Prior business immigration experience required. Experience with PERM desired. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Please email resume, salary requirements, and references to: or fax (202) 483-6801, Attn: John Nahajzer. No calls please.

Help Wanted: Immigration Attorney
Cleveland, OH - David Wolfe Leopold & Associates seeks associate with 2-4 years of employment-based immigration law experience. Excellent writing, technical, communication and organizational skills essential. E-mail resume (with specific experience) and writing sample to: Daurielle Horowitz:

Help Wanted: Immigration Attorney
San Jose, CA - Littler Global seeks associate with 5-7 years of employment-based immigration law experience. Candidate should possess excellent academic credentials and should have experience working in high-volume, fast paced environment. If you are interested in applying for this position, submit resume online at Littler Careers > Laterals > How to Apply. Please reference Littler Global in application. We offer generous benefits package to all full-time employees. EOE. No telephone calls please. No recruiters, principals only.

Help Wanted: Immigration Professional
downtown San Francisco, CA - Do you love training clients? Are you great at project management and enjoy working directly with clients? Looking for a change? ImmigrationTracker, the premier immigration management software provider, seeks a training and implementation specialist. We offer an energetic team-oriented work environment and comprehensive benefits package. You will provide customized project planning, implementation and training to new Tracker clients, while ensuring clear communications and consistently exceeding customer service expectations. Experience working in/with law firms, strong project managers, strong customer service, training and presentation skills, technical aptitude with PCs and industry related software, and commitment to accuracy and attention to detail. Effective written and oral communication skills, excellent documentation skills, and ability to work both independently and as team member are essential. Willingness and ability to travel required. US work authorization required. No third parties and contractors. Email resume to No phone calls, please.

Case Management Technology
What do Robert Banta, Ron Gotcher, Angelo Paparelli, Wolfsdorf Law Group and dozens of others have in common? They tried our online competitors but switched to ImmigrationTracker. With easy screens, reliable immigration content, helpful US-based support teams -- Tracker has what you need, including the only proven choice of in-office or web-based product lines. Even our prices make us a better value. Contact us today to see why everyone is switching. Reserve your private demo: Call 1-888-466-8757 ext. 278 or email

PERM Services
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


McCain Plea To Hispanics Dismays Anti-Immigration Republicans

Crossing The Line?


Readers can share their professional announcements (100-words or fewer at no charge), email: Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Event - Washington, DC
April 17, 2008 - Cato Institute is pleased to present a Capitol Hill briefing on "Highly Skilled Immigrants: Opening the Doors to Prosperity" This event is free and open to the public. For more info, see:


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
One of the problems with non-lawyers voicing their opinion about the state of the law is that very often they misunderstand and misstate it. It is one thing to voice an opinion as to a particular fact, but when commenting on the state of the law, misinterpretation often leads to blunder, as evidenced by Robert Yangs letter (04/16/08 ID). In analyzing the law, Mr. Yang's letter is just plain wrong and factually Mr. Yang's letter is incorrect in quoting my letter (04/15/08 ID) as having said the Servanos "lied" on their "original applications." My letter never said that; what it said was that the Servanos "hid the fact of their Philippines marriage and immigrated as 1st preference." They would have had to have concealed the fact of their marriage in their DS-230 application - item 9 on the current DS-230 - which asks for marital status. Had they checked "married" their Priority Dates would not have been current and they would each have suffered a kick down into 4th Preference Family Based. Whether US immigration laws and the waiting times are "ridiculous" is a subject of debate and much needed immigration reform, but violating and/or misunderstanding the effect of a law can lead to disaster, and good or bad, the law requires that the law be followed. The Servanos did not follow the law, but must have circumvented it by failing to reveal their true marital status at the time they applied for 1st Preference permanent residency benefits. The mistake the Servanos made is a good example of why every alien who seeks US immigration benefits should consult competent legal counsel, who can advise them of the law and the consequences naturally flowing therefrom.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Wrt ID's editing of my letter (04/16/08 ID), I suppose that it would have at least made some sense if ID had gotten the second to the last word correct, as substituting "his" with "its" changes the subject of the sentence from a reference to Mr. Roberts to a reference to the Constitution, which makes no sense at all in this context.

Robert R. Gard, Esq.
Chicago, IL

Dear Editor:
Mr Yang's letter (04/16/08 ID) indicates the letter writer's soft spot for every illegal alien. The letter misses a simple fact: these two committed fraud against the US government. They, knowing they were married, instead checked the "single" box on their immigrant visa applications, also knowing that they were concealing a material fact (INA 212 a 6C i) to obtain an immigration benefit (since their priority date would back up by many years if they revealed their true marital status). It matters not that they are doctors nor pillars of any community. They have disadvantaged others by their actions and thus, deserve to be deported. Let them return to the Philippines and start anew, just like thousands of others waiting their turn to immigrate to the United States of America, legally.


Dear Editor:
Most H1B workers are unaware of their rights and are thus exploited. Under DOL guideleines, not paying on bench and charging for H1B fee is illegal. Department of Labor website has a case list of decisions on labor condition applications (LCA). Poor workers should be aware of this DOL resource so that they have a better understanding of their rights and can feel encouraged to file complaint with DOL if needed.

Stop Bodyshoppers

Dear Editor:
The normally factual letters of David Murray seem to be in retrogression with 4/16/08 ID which seems nostalgic for the days of woodstock, group handholding, singing cum ba ya, etc. The entry mess we have now is best described as a "racially charged", "pyrogenic explosion", not prudent measures that serve citizens interests first. Robert Gittelson's Article's arguments (4/16/08 ID) only displays the distorted degree that advocates of illegals will go. In response to Robert Gard's letter (4/16/08 ID), to "prevent birth citizenship" (JR letter - 4/15/08 ID) doesn't require "changing the Constitution", only to go back to the original meaning of the 14th amd. which has been misinterpreted by liberal courts. It was added to the Constitution, post Civil War, to address injustices to African-Americans. The phrase "subject to the jurisdiction thereof" was also intended to exclude from automatic citizenship American born persons whose allegiance to the US was questionable. In 1866, Senator Jacob Howard, co-author of the 14th Amd. citizenship clause wrote: "Every Person born within the limits of the US, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the US. This will not, of course, include persons born in the US who are foreigners, aliens, or who belong to the families of ambassadors". In the case of illegals, their native country has a claim of allegiance to any child, US jurisdiction is impaired and logically denies automatic citizenship. The 14th amd. allows Congress power to clarify this by enactment of legislation stating its intent is not to include the offspring of illegals. Legislation has been introduced into the current Congress to do this -- H.R. 7 by Rep Brian Bilbray and H.R. 346 by Rep Bob Stump. Most nations do not allow birthright citizenship.

Jim Roberts

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995- American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X