No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.

Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now… by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn’t started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year’s quota.

If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It’s never too early, but it can be too late. —ecf

The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year’s cap should submit their applications as soon as possible.

A lot has been said about how much longer the H-1B quota has lasted this year. There’s a been a lot of speculation about the reasons why the quota is still open. It’s pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.

While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Romben Law, APC will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.

biohazardAt a ceremony at the White House today, President Barack Obama announced the publication on Monday, 2 November 2009 of the final rule repealing the HIV immigration restriction. The immigration lawyers here at Romben Law, APC have worked here in Los Angeles and nationwide as part of the movement to have this onerous restriction on people with HIV/AIDS repealed. More details to follow, after we have seen and reviewed the “final rule.” –jcf

On 14 October 2009, Congressman Luis Gutíerrez of Illinois released a set of principles which he hopes will be incorporated into any Comprehensive Immigration Reform (CIR) package. As advocates for immigrants, the attorneys at the Los Angeles-based immigration Romben Law, APC, we watch closely any progress on CIR.

Central to his approach are:

1. a rational and humane approach to resolving or legalizing the status of the undocumented population,

PERM cases are backlogged now to December 2008. So if you have a PERM case pending that was submitted more than a year ago, DOL may entertain an email inquiry from you. But if your case was submitted in October 2008 or after, you still have a long wait ahead of you and yes, DOL does not want to hear from you at all…

USDOL reports that they have approximately 65,800 cases in the processing queue for PERM. This number also includes cases that are on appeal. Of these cases, approximately 24,600 or about 37% of the cases were issued audits.

For people waiting for final adjudication after submitting an audit response, DOL informs us that they are still working on audited cases from October 2007!

Since July 2008, the County of Los Angeles has posted 81 people in 27 social service offices to check and verify immigration status of all applicants for social services. As the debate continues on health care, the lawyers at Romben Law, APC in Los Angeles remain concerned that immigrants are being made the scapegoats for a dysfunctional health-care system that they have had no hand in creating.

According to an article in today’s Los Angeles Times, Los Angeles County has so far not found one illegal immigrant masquerading as a legal resident in order fraudulently to obtain social benefits. Among Medi-Cal applicants, only about 0.1% of the total applicant pool was found to be ineligible because of immigration status.

One has to ask the question: is the expense of this verification system worth what we’re paying for it?

The H-1B quota has now reached approximately 46,700 and although the USCIS has announced that they’ve received approximately 20,000 advanced degree applications, it still continues to accept advanced degree cases.

I have been fielding a lot of questions about whether a person is still “in H-1B status” even if they are no longer working for the employer who sponsored them. Simply put, the answer is “no.” When H-1B workers are petitioned for by a specific employer, not only are they expected to work for that employer only (unless they have a concurrently approved H-1B for a separate employer), but they must always comply with the original terms of the H-1B petition. Any changes considered to be material to the employment must be reported to the US Department of Labor and possibly to the USCIS.

Further, H-1B employees are considered to be out of status if they lose their jobs or quit working for the H-1B sponsor. And as of late, the USCIS has been conducting random on-site visits to H-1B employers, interviewing the foreign worker(s), HR or the company owner, as well as verifying the terms and conditions of their work.

Representative Joe Wilson’s outburst on the floor of the House of Representatives, effectively calling the President a liar has continued to resonate throughout the country. As advocates for immigrants, Los Angeles immigration lawyers at Romben Law, APC have warned that immigrants will be used as scapegoats during the health care debate. And so they have.

The fact that Congressman Wilson was told by Republican party leaders to immediately call the White House to apologize should be a signal; Wilson did not choose to apologize himself. He has maintained that he is right, despite the facts. Instead, we are worried that he will become a symbol to radical right-wing activists that it is perfectly alright to shout down the President, perfectly acceptable to simply interrupt anyone with whom one disagrees, perfectly acceptable to ignore facts. This type of approach leads to a my-way-or-the-highway approach to politics, and no one gains from that.

We believe that as the debate on Comprehensive Immigration Reform (CIR) begins in 2010, this form of argument, simply cutting off or shutting down civilized discussion, will become worse. This is a danger to our democracy and will harm immigrants and our country.

It is sometimes saddening and discouraging to be right. Yesterday, immigration attorneys at Romben Law, APC in Los Angeles cautioned in our blog that immigrants would be used to score points in the health-care debate. Last night (Wednesday, 9 Sept 2009), almost like a pavlovian response, a republican Congressman, Joe Wilson, heckled and insulted President Barack Obama during the President’s speech to a joint session of Congress on the question of health-care reform, using immigrant access to health care as the excuse.

During a speech describing his plan for health-care reform, the President clearly stated that no Federal money would be spent providing “illegal immigrants” with government-subsidized health care under his proposed plan. Wilson, a representative from South Carolina, shouted out, “you lie!”

It is sad that the debate has sunk to this level. Here’s why:

newborn.jpgRomben Law, APC in Los Angeles is devoted exclusively to advocacy for immigrants. Recently, those opposed to meaningful health-care reform have started to use the immigrant community as a political whipping boy once again, using scare tactics and making false claims about immigrants’ use of, payment for, and access to health care.

Some important facts to keep in mind in this debate:

First: If more participants — including immigrants — pay into the insurance system and are covered by some health-care plan, this spreads risk over a larger group. It means that more people who need health care will be able to get it.

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