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"Cutting-Edge Topics In H-1B Practice"

Speakers: Cyrus Mehta, Robert Divine, Wendi Lazar, David Leopold, Andrew Lerner, Angelo Paparelli, Ann Pinchak, William Stock and Mary Jane Weaver

Seminar Outline Speaker bios REGISTER NOW!

Each call features an hour of analysis, strategy and practice tips by Cyrus Mehta, Robert Divine, Wendi Lazar, David Leopold, Andrew Lerner, Angelo Paparelli, Ann Pinchak, William Stock and Mary Jane Weaver, followed by 30 minutes of questions and answers from participants.


FIRST Phone Session on November 25:

Latest on LCAs: Analyzing DOL v. Kutty

  • Representing an employee who is not being paid the required wage
  • DOL assessment of back wages and other penalties
  • Deducting Attorney Fees from the required wage
  • When can firing constitute retaliation under the "whistleblower" protections?
  • Benching: Maternity Leave vs. Lack of a License
  • Understanding actual vs. prevailing wages
  • Best practices on developing the public access file

SECOND Phone Session on December 19:

H-1B Adjudications at INS Service Centers

  • Responding to the dreaded RFE
  • Problematic Occupations: Marketing Analyst, Nurse Supervisor, etc.
  • Best practices for obtaining a credential evaluation
  • AC21 portability and gaps in employment
  • Representing the terminated H-1B employee in maintaining status
  • Representing the H-1B employer in financial difficulty
  • Tolling 6 year limit for time not spent in the US

THIRD Phone Session on January 29:

Achieving Consistency between H-1B and Permanent Residency

  • Holistically planning the case from H-1B to Permanent Residency
  • Ethical issues arising out of dual representation and what to do when a conflict arises
  • Achieving consistency in work experience equivalencies for H-1Bs and EB-3s
  • Prevailing wage issues in the H-1B and Labor Certification
  • 7th year H-1B extensions vs. concurrent filing of I-140 and I-1485
  • Maintaining H-1B status vs. AOS portability with an EAD

Citations for Session 1         Citations for Session 2         Citations for Session 3


Cyrus D. Mehta is Chair of the Committee on Immigration and Nationality Law of the Association of the Bar of the City of New York. Mr. Mehta was recently appointed First Vice Chair of the American Immigration Law Foundation (AILF) - an immigration think tank that advances the positive impact of immigration in this country - after being an active trustee for four years. He is a frequent speaker at AILA conferences and is also involved in planning many of them. In 1997-1998, he was the Chair of AILA's Young Lawyers Division and also won the 1997 Joseph Minsky Young Lawyers Award for outstanding contributions in the immigration field.

Robert C. Divine serves clients from throughout the world in the arrangement of all types of business and family-based temporary and permanent immigration status, including specialty occupations (H-1B), individual and blanket international transferee programs (L-1), treaty traders and investors (E-1/E-2), religious workers, labor certification, national interest waivers, and extraordinary ability petitions, naturalization, and deportation/removal proceedings, plus employer compliance. He is the author of Immigration Practice (Juris Publishing 2002 ed.), a 1,300 handbook/treatise on all aspects of immigration law that is revised and reprinted each year. He currently serves as Chair of AILA's Mid-South Chapter, which covers 5 states.

Wendi Lazar practices law in New York City in the area of business, employment, contract and immigration for individuals and companies predominantly in the communications, talent and new media area. Prior to receiving her law degree from Benjamin N. Cardozo School of Law, Ms. Lazar worked in the film and television industry for over 12 years. She lectures and writes on employment and immigration related issues particularly in the communications field. She is an active member of NELA (National Employment Lawyers Association), as well as a long-time AILA member.

David Leopold practices immigration law in Cleveland, OH. He is the state chair of the Ohio American Immigration Lawyers Association (AILA) and serves on AILA’s national Board of Governors. He is a frequent speaker at national immigration seminars and a is n associate editor of AILA’s Litigation Toolbox (a sourcebook for immigration trial attorneys) and a contributing author to AILA’s Visa Processing Guide (a complete guide to the representation of foreign nationals at US embassies abroad). Mr. Leopold is adjunct professor of law at the Case Western Reserve University School of Law where he directs the immigration law curriculum and teaches courses on immigration and refugee law.

Andrew Lerner is Of Counsel to Pavia & Harcourt LLP in New York City, and is responsible for overseeing the Firm's Immigration Practice Group. He is a graduate of Occidental College (B.A. 1977) and Fordham Law School (J.D. 1989) and has been involved in the immigration field for over ten years, primarily handling immigration-related business, entertainment and family-based legal matters. Mr. Lerner has served as Chair (1998/1999), Vice Chair (1997/1998), Secretary (1996/1997) and Treasurer (1995/1996) for the New York Chapter of the American Immigration Lawyers Association (AILA) and has been a featured seminar and conference speaker on immigration issues. Mr. Lerner has also served as a Committee Member on AILA National's INS Vermont Service Center Liaison Committee (1999/2000) and is currently serving as Co-Chair of NY AILA's District Director Liaison Committee (covering New York INS' District Office), a position he also held during AILA's 1999/2000 Fiscal Year.

Angelo A. Paparelli Certified as a Specialist in Immigration and Nationality Law by the State Bar of California, Board of Legal Specialization, has been practicing business-sponsored immigration law for over 20 years and is the managing partner of Paparelli & Partners LLP, a firm practicing exclusively immigration and nationality law, located in Irvine, California. Mr. Paparelli is a nationally recognized speaker, published author and leading expert on cutting-edge business-related immigration issues, including the immigration consequences of mergers, acquisitions, reorganizations and other business changes, consular visa practice, audits of employers' compliance with immigration and labor regulations, and employment based work visas. He is named in the 1990-2002 editions of Best Lawyers in America under the specialization category of Immigration Law.

Ann Pinchak has practiced employment-based immigration and naturalization law for the past 17 years and is founding partner of Pinchak & Nguyen, P.C. She received her BA from Rice University and JD from the University of Houston College of Law. She is a frequent lecturer on issues relating to business immigration, serving as speaker at American Immigration Lawyer's Association conferences and guest lecturer at the University of Houston Law School.

William A. Stock is a partner in the immigration law group at Dechert. He represents multinational and domestic corporations and their employees, as well as private individuals, in immigration matters before the INS, the Department of Labor, U.S. Immigration Courts, and at U.S. Consulates. In 2000, the American Immigration Lawyers Association (AILA) awarded Bill the Joseph Minsky Award, which recognizes outstanding contributions made by a young lawyer to the field of immigration law. He is the immigration editor for Bender's Labor and Employment Bulletin, is an associate editor of AILA's annual Immigration & Nationality Law Handbook, and is co-author of the "J Visa Guidebook" from Matthew Bender. Bill has served on the board of governors of the AILA and chaired several committees of AILA's Philadelphia Chapter.

Mary Jane Weaver served as the chapter liaison to the United States Department of Labor for Region IX and the California Employment Development Department for AILA. She is presently serving as the Media Liaison for the Northern California Chapter of AILA. She has co-authored an article on the Labor Certification Process for Computer Professionals and appeared as a speaker on employment based immigration issues at several conferences held by AILA. Most recently, Ms. Weaver was interviewed for a segment on immigration law for National Public Radio's All Things Considered. In addition, Ms. Weaver has earned an "AV" rating from Martindale-Hubbell, the leading attorney rating organization.

Cancellation/Return/Shipping Policy

$199 Seminar Package
Audio tape of Nov 25 seminar (90 minutes)
Audio tape of Dec 19 seminar (90 minutes)
Audio tape of Jan 29 seminar (90 minutes)

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Disclaimer: participation in this seminar does not create an attorney-client relationship with the speakers