Joel Bander 801 S. Grand Avenue 11th Floor Los Angeles, CA 90017
Changing Jobs While on Pending I-485
August 2011
The slow and unpredictable processing time of the applications for adjustment of status (I-485) makes waiting for the much sought after green card seems endless. But with the onset of the American Competitiveness in the 21st Century Act ("AC21") provision on the I-140 portability, alien individuals with approved I-140 immigrant petition can avail of the opportunity to change to a new employment provided that certain requirements are met.
Heightened Scrutiny of H1B Petitions
August 2011
A first in many consecutive years, USCIS is still accepting cap-subject H-1B petitions months after the filing season began in April of this year. As of October 30, 2009, USCIS reports that approximately 53,800 petitions have been filed out of the quota limit of 65,000. However, USCIS has observed an increase in filings within two weeks before Thanksgiving, which is a warning that the cap might soon be reached.
Undocumented Workers Entitled to Decent Pay After Visa Denial and Termination
August 2011
So, you have been working for about a year for an employer who has sponsored you for a H1-B or Labor Certification. You have been paid a flat weekly fee less than the minimum wage. You are working more than 40 hours a week and are not getting time and one-half. They have promised that once your visa application has been approved that then they will pay you at least a minimum wage, but that you should be grateful that they are hiring you illegally and sponsoring you.
When Moral Character Is an Issue in
August 2011
Most people apply for a green card with the ultimate goal of becoming a U.S. citizen someday. Certain benefits are granted to citizens that are not available to green card holders, such as the right to vote in federal elections, right to obtain citizenship for children born abroad, eligibility for federal jobs, and right to become an elected official.
Underpaid Workers
August 2011
Many Californians, especially those undocumented workers confuse about their labor rights, here in the Bander column, we remind our readers that California workers are entitled to workplace protection. California law entitles you to overtime, minimum wages, and interest penalties.
