Categories
Updates

USCIS Posts Update of the Amount of H-1B Cap-Subject Visas Received for FY 2010

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On December 4, 2009, USCIS published the latest numbers of the amount
of H-1B cap-subject visa petitions it has received for Fiscal Year
2010. According to USCIS, roughly 61,000 cap-subject visas have been
received and roughly 20,000 advanced degree petitions have been
received.

USCIS will be approving a total of 65,000 cap-subject H-1B visas and
20,000 advanced degree cap visas. While the federal agency plans to
accept more than 65,000 H-1B cap-subject applications (based on the
premise that some will be rejected or revoked and others will be
withdrawn by the applicants), it should be noted that the amount of
applications received as of the most recent update is getting closer to
the cap amount.

Categories
SideBar

How Do I Stop A Debt Collector From Harassing Me?

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The economy being what it is, a lot of people are faced with some financial difficulties. Whether caused by layoffs, illness or just poor financial investments some people are unable to pay their financial obligations. These obligations normally involve credit card debts but may also involve car loans or house mortgage obligations.  

Many are already aware of the bad reputation that debt collectors have. Maybe not all, but a lot of them do use whatever means (legal or extra-legal) to force, cajole, compel or otherwise ask you to pay your debts. In our practice, it is not uncommon for clients to complain of threats by credit collectors, phone calls at work or at home, calls anytime of the day, as well as calls to your employer to embarrass you.

The way for you to stop these harassing contacts is to know your rights under the Fair Debt Collection Practices Act.  The following are some of your rights:

–    Debt collectors cannot call you before 8 a.m. or after 9 p.m.
–    You cannot be contacted at work if they are told that you are not allowed to get calls there
–    The debt collector can only contact your attorney, if you have one
–    The debt collector cannot misrepresent what you owe
–    A debt collector cannot use profane or threatening language

Should the debt collector violate any of your rights, you can report the abuse to the Federal Trade Commission at www.ftc.gov.

Another way for you to stop these calls is to send the collection agency a letter in writing and specifically demand that they not contact you by phone or by mail. Once they receive this letter they can only contact you one more time just to inform you that they are not going to be calling you anymore or that the creditor is taking you to court.  

It is suggested that you send your letter via certified mail so that there is some proof of receipt by the collection agency of this letter. Should they continue to violate your rights by continuing the contacts, then you can bring them to claims court. They can be held liable for damages up to $500,000.  In cases, however, where you are being harassed but you do not suffer any monetary damages, you can still bring the collection agency to small claims court and they can be held liable up to $1,000 for violating your rights.   
 
Be aware, however, that it does not mean that if you take these steps and the debt collector stops harassing you with their collection efforts that you are free of your debts. You are not. The debt collector may stop harassing you, but the creditor can take you to court and do their collection efforts in court. Should your creditor obtain judgment against you in court, then they can garnish or attach whatever properties you may have.

In this situation where a creditor is already doing their collection efforts in court and you are still unable to satisfy your financial obligations, then it may be time for you to consider bankruptcy as an alternative.

(DISCLAIMER: material presented above is intended for informational purposes only. It is not intended as professional advice and should not be construed as such. Rey Tancinco is a partner at Tancinco Law Offices, a professional corporation with offices in San Francisco, Vallejo, and Manila. The law office website is at: tancinco.weareph.com/old.  Rey Tancinco can be contacted at (800) 999-9096 or (415) 397-0808 or via email at: attyrey@tancinco.com
 

Categories
Updates

New Mailing Address for the Chicago National Processing Center

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The Office of Foreign Labor Certification has just posted a chance of
address for its Chicago National Processing Center. On December 15,
2009, the new address will be in effect. The Chicago National
Processing Center will continue to receive mail sent to the old address
for three weeks after this date. However, on January 6, 2010, all
submissions to the former address will not be forwarded to the
processing center’s new location; they will instead be returned to
sender.

The old address is:

U.S. Department of Labor, Employment and Training Administration,
Office of Foreign Labor Certification, Chicago National Processing
Center
844 North Rush Street, 12th Floor
Chicago, IL 60611
T: (312) 886-8000
F: (312) 353-3352

The new address will be:

U.S. Department of Labor, Employment and Training Administration,
Office of Foreign Labor Certification, Chicago National Processing
Center
536 South Clark Street
Chicago, IL 60605-1509
T: (312) 886-8000
F: (312) 353-3352

It is noted that you should use the following address to submit all
invoices and fees related to the H-2A and H-1C visa programs:

U.S. Department of Labor, Employment and Training Administration,
Office of Foreign Labor Certification, Chicago National Processing
Center
P.O. Box A3804
Chicago, IL 60690-A3804

Categories
Immigration Round Table

Obtaining Two Nonimmigrant Visas Not Appropriate for Investor

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Dear Atty. Lou,
 
I came here in the US sometime in April 2006 using an investor E2 visa. My E2 visa stamped on my passport has an expiration date of March 2011. I was sponsored by my first agency and they assisted me in obtaining this E2 visa.

While on an E2 visa, a second agency sponsored me for an H1B visa that took effect on Oct 1, 2009. This agency changed my status from E2 to H1B. Sad to say, the second agency could not find me a job and the result is that I am looking for a job by myself.
 
Can I take back my E2 visa because the H1B visa petitioner could not provide me job? Is it allowed to have dual US visa? If H1B overrides the E2 visa, how long am I allowed to look for a job here in US?
 
Thanks,
Troubled Guy

Dear Troubled Guy,

The E2 investor visa is issued to individuals to solely develop and direct the operations of an investment enterprise in the US. When you were issued the E2 visa I assume that you actually operated a business enterprise in the US based on the representation you made before the consular officer at the time you obtained your E2 visa. It is either you were the principal investor or an essential employee of an E2 visa holder. Either way, it is expected that you used your E2 visa based on your prior E2 application in 2006.

When you changed your status to H1B on October 1, 2009, your US citizen petitioner should have an existing job offer for you so you may legally work as a professional. When it was approved, it means that the US Citizenship and Immigration Services is convinced that you meet all the eligibility requirements to work including the fact that the terms and conditions of your work. Now that you have an approved H1B visa, you are supposed to be working with your US petitioner or employer. If you are looking for another employer, your H1B visa must still remain valid for you to be able to change to another employer.

You mentioned that your employer is unable to find a job for you. This is unusual considering that your employer represented to the US Citizenship and Immigration Services that there is a valid job offer for you. They remain responsible as your employer. If there is really no job, this employer may amend the petition or withdraw the petition for H1B visa Unfortunately, if they do that, you will be left without a legal status.

Since you already changed your visa to an H1B from an E2 visa, you may not now turn around and say that you want your E2 visa back unless you follow the appropriate change of status process. In changing your status back to an E2 visa, you have to prove your case again and show your eligibility to stay in the US on an E2 visa. This means proving that there is an investment enterprise to operate or you are essential employee of an investment enterprise owner also on E2 visa.

There are circumstances of dual nonimmigrant visas on the passport stamp where the visas are not inconsistent with the issuance. However, the Department of Homeland Security will not permit dual nonimmigrant visas upon entry into the US. Only the visa that is consistent with your intended activity will be issued to you. In your case, being an H1B visa and E2 visa holder at the same time is not legally possible.

Again, if you wish to change status back to E2, you should do so by proving your eligibility to receive an E2 nonimmigrant visa.

Thank you and I hope that this information is helpful.

Atty. Lou

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)
 

Categories
Updates

Idaho Company Receives Approval from USCIS to become EB-5 Regional Center for Foreign Investment

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An Idaho-based company has just been approved by USCIS to be a new
regional center for foreign investment. Invest Idaho LLC is one of 70
centers throughout the U.S. that is authorized by the federal
government to provide funds from qualified foreign investors, in the
U.S. under the EB-5 immigrant investor program, to local companies and
organizations.

Invest Idaho’s goal is to generate up to $50
million in funds from foreign investors in its initial stage. These
funds will then be used to subsidize various projects located in the
state of Idaho.

The EB-5 program, which was just extended by recent legislation,
provides permanent residency status to foreign nationals who invest
either $500,000 or $1 million in the U.S. and, through their
investment, create a minimum of 10 jobs within a two-year period.

Categories
Global Pinoy

Coping with Rising Unemployment in the US

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The unemployment rate in the US rose to 10.2 percent last month which is the recorded highest rate since April 2003. The number of unemployed persons has risen and there are now 15.7 million unemployed based on the US Department of Labor’s BLS report.

The Filipino American immigrants are not spared from this unemployment crisis as more Filipinos are losing their jobs unexpectedly. There are no reported statistics of unemployed Filipino immigrants. Unfortunately, with job losses caused by the economic crisis, they find themselves dependent on unemployment insurance and other government assistance until they find a job.

Unemployment Insurance

Each state has its own law in providing for unemployment insurance. In the State of California, the Employment Development Department (EDD) is the government agency that handles the claims for unemployment insurance benefits.

This unemployment insurance program is applicable to workers including lawful permanent residents who lose their job through no fault of their own. To be eligible, they have to be available for work which means that they should be ready and willing to immediately accept work and be actively looking for work. The minimum weekly unemployment check is $70 and the maximum fee is $450. Many Filipinos avail of this program but this unemployment benefit lasts only for one year. It is expected that after one year, the unemployed beneficiary of this program would return to the job market and be fully employed. This is not always the case and a significant number of unemployed are still not able to look for a job despite diligent efforts to search for jobs.

For those that have exhausted their unemployment benefits and are still unemployed, the US Congress recently passed legislation extending their benefits to another 14 weeks after the unemployment check is exhausted. This legislation was enacted this month of November.

Stimulus Funds Offered to Unemployed

The Obama administration also authorized $787 billion as a stimulus fund in February 2009 to support the creation of jobs in different industries among other purposes. For the city of San Francisco, it has utilized this federal fund to assist the unemployed residents of San Francisco.

There is a “Jobs Now!” program which has for its goal the placing of 1,000 participants in jobs between May 2009 and September 2010. This is only available to low income families, more specifically in place for parents who have at least one minor child and were previously employed with wages below poverty guidelines. It does not only place jobs to eligible unemployed individuals but also benefits local employers by providing referrals of qualified workers by subsidizing 100% of the their wages until September 30, 2010. This program is run by the San Francisco Human Services Agency.

There are also other cities in the US that have similar programs that utilize federal stimulus funds. We do not know that extent of the number of Filipinos who are eligible to participate as employers or employees of the program are now.

Availability of Information

Finding resources to assist a Filipino immigrant in the US may be a challenging task. In the past weeks, especially with the recent Pacquiao victory in Las Vegas, the more exciting news aside from his victory is his alleged illicit love affair with a young Filipina actress. This appeared to be more an interesting issue than finding resources for the unemployed immigrant. Residents who lost their jobs and find themselves as stay at home parent may easily get hook to the daily Filipino soap operas that are shown on cable Filipino channels. There is very limited available information on the issue of employment resources.

Watching the national news on mainstream TV channels or being updated by printed news dailies may be the only way to obtain much needed information on resources. When US Congress last week extended the 12 month unemployment insurance benefits, how many of the affected Filipinos are aware of this 14 week extension if there is no outreach to the specific immigrant population?

As a vulnerable unemployed population increases and with lack of culturally specific outreach to the Filipinos, increase in the number of scam victims also arises. There are many online offers for assistance in filling up unemployment benefits that are not authorized by the government agency who get commissions for assisting the unemployed. Many unemployed get ripped off by some unscrupulous scammers.

The Undocumented Immigrant

For undocumented immigrants or the TNTs (Tago ng Tago) who were previously employed for many years and are terminated from their work, they are not able to avail of the government benefits for the unemployed. While they may have paid taxes and have contributed through their wages to the unemployment insurance program they are prevented from benefiting from this program because of their lack of proper immigration documents. When this happens, the TNT is presented with the option of depending on support from relatives or they may consider returning to the Philippines. The latter option is not usually chosen for economic reasons.  Interestingly, there is reverse foreign remittance to the US from the Philippines by their relatives or friends who are willing to assist. This may not be a common occurrence but we have seen this happen to an increasing number of unemployed Filipinos.

As Filipinos are known for their resiliency during times of crisis, the difficulties of this unemployment situation in the US remain a big challenge. No one really knows what to expect in the coming months. What persists is our formidable faith and hope that the economic situation will soon get better, relieving us of the individual crises we are all facing.

(Atty Lou Tancinco may be reached at law@tancinco.com or at 887 7177)