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REFLECTING ON THE MUMBAI ATTACKS

December 1, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

By Cyrus D. Mehta* CDMA salutes and honors all of those who died in the senseless and wanton terrorist attacks in Mumbai last week. We also express our deepest sympathies to the family members and friends of the victims. CDMA has deep ties with the city of Mumbai (formerly Bombay). I was born and grew […]

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OBAMA AND IMMIGRATION

November 14, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

by Cyrus D. Mehta* In addition to creating a new sense of hope after the election of Barack Obama, there is also hope for immigration reform under the new administration. There was a huge turnout in the Latino and new American vote in the 2008 presidential election. 66% of the Latino vote went for Obama, […]

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USCIS ISSUES BURDENSOME RFEs TARGETING COMPUTER CONSULTING COMPANIES

November 10, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

by Cora-Ann V. Pestaina* Recently, the USCIS started issuing a slew of Requests for Evidence (“RFEs”), specifically targeting computer consulting companies, even companies that are well established. RFEs are issued after an employer files an H-1B petition on behalf of a foreign employee. These lengthy and detailed RFEs, some 4 to 5 pages long, are […]

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November 2008 Immigration Update

November 3, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

Headlines: USCIS Estimates 21 Percent of H-1B Cases Involve Fraud or Technical Violations – USCIS concluded that there is a 21 percent baseline fraud and technical violation rate for H-1B petitions and plans procedural changes as a result. U.S. Increases Period of Stay for Trade-NAFTA Professionals From Canada and Mexico – The final rule changes […]

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HOW LONG CAN AN IMMIGRATION JUDGE CONTINUE A REMOVAL PROCEEDING FOR A LABOR CERTIFICATION TO GET APPROVED?

October 28, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

By Cyrus D. Mehta* When a noncitizen who is out of status by overstaying a visa or entering without inspection is placed in removal proceedings, at issue is whether an Immigration Judge (IJ) can grant adjournments until such time that he or she is eligible for adjustment of status through the approval of a visa […]

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CONSEQUENCES OF AN UNTRUTHFUL DECLARATION ON FORM I-9

October 22, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

by Adam Ketcher* & Cyrus D. Mehta** Section 1 of Form I-9, Employment Eligibility Verification, warns new employees that the representations they make while completing the form carry the weight of declarations, and the law imposes penalties of civil fines and/or imprisonment upon the use of false statements and/or documents in completing Form I-9. For […]

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STATUS THROUGH SELF-EMPLOYMENT

October 11, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

by Cyrus D. Mehta* While the economy has taken a nosedive resulting in the slashing of hundreds of thousands of jobs, and depriving foreign nationals of obtaining status through employment-based sponsorships, it is useful to analyze how foreign nationals may still gain status through self-employment. In its narrowest terms, self-employment involves someone working for himself […]

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SEEING GREEN IN US IMMIGRATION POLICY

October 6, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

by Cyrus D. Mehta*

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October 2008 Immigration Update

October 1, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

Headlines: 1. Employment Visa Categories Backlogged – Many employment category cut-off dates have been established for October. 2. DV-2010 Visa Lottery Entry Period Begins – The DV-2010 Lottery online entry period runs from noon EDT on October 2, 2008, to noon EST on December 1, 2008. 3. EAD Delays: What To Do? – The USCIS […]

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THE PLIGHT OF H-1Bs DURING 2008Хs ECONOMIC DOWNTURN

September 22, 2008/0 Comments/in 2008, News & Articles/by Cyrus Mehta

by Cora-Ann V. Pestaina* Last week, on one of the most dramatic days in Wall Street’s history, Merrill Lynch agreed to sell itself to Bank of America to ward off deepening financial crisis, while another prominent securities firm, Lehman Brothers, filed for bankruptcy protection and hurtled toward liquidation after it failed to find a buyer. […]

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