July 2010 Archives

July 28, 2010

Arizona Law, Ruling by Judge

Although the controversial Arizona immigration law will still go into effect tomorrow, portions of the law have been blocked by the Federal District Court Judge Susan Bolton. Judge Bolton has issued a preliminary injunction to "put on hold" the proposed part of the law that would require Arizona law enforcement to determine whether a person is here in the country legally or not. Mistaken arrests of US citizens have already been made since the law's proposal.

The Court ruled in favor of the preliminary injunction primarily on federal preemption grounds, as our nation's immigration law is a matter of federal jurisdiction. This means that immigration law is governed and enforced by the federal government, not by individual states in the union. It is expected that Arizona will appeal, allowing the Ninth Circuit to review the issue as the nation's debate over immigration continues to roar. --ecf

July 25, 2010

H-1B Quota Count: Update July 2010

Thanks to USCIS, we have four H-1B quota updates to report in the month of July 2010:

July 2, 2010: approximately 24,200 cap cases received; approximately 10,400 advanced degree cases received

July 9, 2010: approximately 24,800 cap cases received; approximately 10,600 advanced degree cases received

July 16, 2010: approximately 25,300 cap cases received; approximately 11,000 advanced degree cases received

July 23, 2010: approximately 26,000 cap cases received; approximately 11,300 advanced degree cases received

The numbers are creeping slowly upwards, but it looks like H-1B season may last the entire fiscal year. ---ecf

July 20, 2010

Re-entry Permit - Just What is Permitted?

The attorneys at Law Offices of J Craig Fong are often asked whether using a re-entry permit "guarantees" re-entry to the US after a prolonged absence. A lot of people seem to think that there is some guarantee that using the re-entry permit will ensure their safe return to the US. In most cases, this is true, but it's important to remember that the Customs and Border Protection (CBP) can and now will often still interrogate returning permanent residents about their reasons for leaving the US for long periods of time, most especially, those trips outside the US that are more than 6 months.

Using a re-entry permit allows a permanent resident to ask for re-entry to the US, but it only ensures that the CBP cannot use the length of absence as the only reason for denying entry. If CBP finds that a person holding a re-entry permit may have been employed abroad, or took up formal residence abroad, CBP can refer an individual for removal proceedings or deferred inspection when CBP will conduct a more formal interview of the applicant for re-admission. This will give you, the applicant a chance to rebut any allegation that you have abandoned your US permanent residency. If you are facing an abandonment interview with CBP, you will have one chance to show that you are eligible to keep your status. Contact the attorneys at Law Offices of J Craig Fong if you would like a free consultation regarding your case. ---ecf

July 15, 2010

H-1B Cap Count Update

As of July 9, 2010, approximately 24,800 H-1B petitions have been received. Our of the advanced degree cap, approximately 10,600 petitions have been receipted.

The numbers are very, very slowly creeping upwards. Naturally, the H-1B numbers are a sign of the slow economic times, and that the unemployment rate is still high. Anyhow looking to file an H-1B petition still has time on their side. ---ecf