Categories
Updates

Department of Labor Publishes New Online Learning Tool for H-1B Employees and Employers

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The Department of Labor (DOL) has just published online an H-1B
Advisor, that provides information to both employers and employees
regarding how to comply with H-1B-related attestations enforced by the
Wage and Hour Division. At the end of each interactive section of the
Advisor, visitors receive a results page based on the answers they
provided at the end of the section.

Elaws Advisors were developed by DOL to help employees and employers
understand their rights and their responsibilities in regards to
Federal employment laws. Each advisor, including the H-1B Advisor,
provides links to detailed information, including links to regulations,
publications and relevant organizations.

Visit the H-1B Advisor online at http://www.dol.gov/elaws/h1b.htm.

Categories
Updates

USCIS Redesigns the Green Card

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USCIS announced this week that the Permanent Resident Card, also known
as the Green Card, has been redesigned to include new security
components. As of yesterday, all new issued Green Cards will use this
revised format.

New features include the use of optical variable ink, an embedded radio
frequency identification device, laser engraved fingerprints, a tamper
resistant border and a micro-image of high resolution pictures of state
flags and presidents.

This redesign resulted from a collaboration between the Department of
Homeland Security, Immigration and Customs Enforcement and U.S. Customs
and Border Protection. The new cards are also green, relating more
closely to the nickname for the Permanent Resident Card.

Categories
Immigration Round Table

Newly Designed Green Cards

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Dear Atty. Lou,

I read in the papers that the  US Citizenship and Immigration Services is issuing newly designed green cards as of May 11, 2010. My card is the “pink” card that was issued many years ago and has no expiration date. I will be traveling to Manila in a couple of weeks and I do not know if this old card which is proof of my lawful permanent resident is still valid for travel. Please let me know if I need to renew or replace my card with the newly designed green card

Bob P

Dear Bob,

You raised a valid concern about your old ‘green’ card, which is really pink in color. The very first cards that were issued for lawful permanent resident status in the US were colored green. This is the reason that they were called “green cards”. When the proof of residency cards were re-designed to pink cards, the immigrant community continue to still describe the cards as green cards.

On May 11, 2010, the US Citizenship and Immigration Services will begin issuing redesigned green cards in more secure formats. Aside from making them look really green, the cards contain features that prevents counterfeiting, obstructs tampering and facilitates quick and accurate authentication of the card.  According to the USCIS, the major changes to the card are that it contains holographic images, laser engraved fingerprints and high-resolution micro-images which make the card nearly impossible to reproduce. An interesting feature of this card is it Radio Frequency Identification (RFID) that will enable the immigration inspector at the port of entry to read the card from a distance and compare the date is has to the immigration file data. It also has a preprinted return address for easy return in case it gets lost. Like the prior card that it recently replaced, these new green cards will have validity of ten years for permanent residents and two years for conditional residents.

For those with the old version of the green cards, with no expiration dates, USCIS recommends that the resident replaced the same with the newly redesigned card. This is not a mandatory requirement but is simply a recommendation. To replace this card, the resident applicant must file a form I-90 with the filing fee of $370. The old versions of the green card with expiration dates are still valid until they expire. Before their expiration, the resident must file for renewal and the USCIS will then issue the new redesigned version of the green card.

With the coming summer travel season, it is always advisable to check on the expiration of the green card and the need to renew it if necessary before making any plans to travel. This will avoid complications at the port of entry upon your arrival in the US.

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, Suite 818, San Francisco CA 94102 and may be reached at 415 397 0808, email at law@tancinco.com. The content provided in this column is solely for informational purposes only and do not create a lawyer-client relationship. It should not be relied 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 may submit questions to law@tancinco.com)

Categories
SideBar

What to Do When Served With A Summons

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Pedro has overextended his credit and has been unable to keep updated with his payments. He is now trying to avoid his credit collectors. One of his creditors has now hired an attorney who has filed a collection lawsuit against him. A Summons was just served on Pedro giving him 30 days to respond. Pedro wants to know what he should do?

There are 2 things Pedro can do: First, he can seek legal advice and respond with an Answer in the lawsuit. Or, second, he can ignore the summons and go on with his life as if nothing happened

Pedro may seek to choose the first alternative, to find out what his rights and potential liabilities are. He may, for example, seek to dispute the debt or the amount thereof. Or, he may seek to settle his debt with the creditor at more agreeable terms or over an extended period of time. If so, Pedro needs to file an Answer in court and have his defenses raised in the lawsuit where the creditor’s allegations and debtor’s defenses will be litigated.

If Pedro chooses the second alternative and ignore the summons, the attorney for the creditor can seek a default judgment against Pedro after a certain period of time has elapsed. The judgment can then be executed against Pedro’s assets. Thus, a lien may be placed against his real property (if any) or against his bank accounts. Likewise, the creditor may also seek to garnish the wages of the debtor. Thus, it is not always a good idea to just ignore a summons.

There are certain debtors, however, who are “judgment-proofed”. For these debtors, an adverse judgment against them in a lawsuit may not necessarily affect them in any way. For example, a person who has no assets and is currently unemployed with no means of income would be “judgment-proofed”. Thus, even if a creditor were to win the lawsuit and get a judgment against the debtor, it would just be a piece of paper as the debtor has no assets for the creditor to run after or execute the judgment on.

Debtors should, however, be aware that though they are “judgment-proofed” today, does not necessarily mean that they will still be “judgment-proofed” tomorrow. For eventually a debtor may find a job or accumulate assets after a period of time down the road.  A year or two or three from now, for example, Pedro may already have a job or may have bought a car or acquired some assets. That judgment that is issued against the debtor now may come back to haunt him later as the creditor may be able to execute the judgment against debtor down the road just when debtor is recovering from his financial troubles. Thus, it is still not a good idea to ignore a summons because a judgment against you now may have long-term consequences that not only affect you today but can adversely affect you years after.

Finally, there may also be a group of debtors who can actually ignore the summons and not care about any judgment that will be issued against them. Any judgment against these debtors will in no way adversely affect them now, or, in the future. I am referring to debtors who are in so deep a financial trouble that they see no way out of their problem other than seeking help through bankruptcy protection. These type of debtors who are planning to file for bankruptcy protection can actually ignore the summons served on them because the moment they file for bankruptcy, the collection efforts against them will be automatically stopped; and, any debts or judgments against them can be discharged in bankruptcy court …….. which means that these debts or judgments can no longer be collected from debtor now and in the future.  

(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

Immigration Reform Not an Urgent Issue for President Obama

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In a speech last week at a Cinco de Mayo reception in the White House’s
Rose Garden, President Obama implied that immigration reform is not a
priority agenda item. When asked about the issue of immigration, the
president said, “I want to begin work this year, and I want Democrats
and Republicans to work with me – because we’ve got to stay true to who
we are, a nation of laws and a nation of immigrants.” The President,
however, did not provide any feedback when asked about a timetable for
new major immigration legislation.

When the time comes for immigration reform, the President will face an
uphill battle. Republicans’ focus is solely on securing national
borders, and Democrats are split about the urgency of meaningful
reform. Two leading blue-dog democrats, Nebraska’s Ben Nelson and
Arkansas’ Blanche Lincoln, have commented that they would like to see
the issue of immigration reform put off until 2011.

Two weeks prior, a small group of Democrats in the Senate completed a
new immigration reform proposal; however, the proposal is not in a form
that is ready for a vote and a vote will not happen, according to one
Democratic aide, until there is confirmation that Republican lawmakers
will go along with the legislation.

Categories
Global Pinoy

Beyond Rhetoric and Mudslinging

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Presidential candidates are not the only ones conducting their miting de avance. As the election approaches, Filipino-Americans are also engaged in extensive campaigning for the votes of overseas absentee voters and their relatives.

In the final week before the election there was a “miting de avance” in Redwood City, California attended by the supporters of six Presidential candidates. The gathering was sponsored by Balitang America of The Filipino Channel (TFC) and  attended by hundreds of Filipino-Americans.  Just like the actual campaign of the presidential candidates, the supporters also depicted the character of the candidates they represent.

Evidently distinct among the different groups were the orange team of candidate Manny Villar. They had a grandiose display of their colors and seemed well-financed arriving in great numbers with their prepared posters and balloons.

The second most noticeable group belonged to the yellow team of Noynoy Aquino. They were not as numerous as the orange team but were very intense and passionate in lambasting the other candidates.

Modest and calm were the endorsers of Gibo Teodoro. His supporters were seemingly amused as the other groups were throwing negative comments against each other.

Dick Gordon, Erap Estrada and Ed Villanueva’s group were not as noticeable as the other three teams.

There were six prominent leaders and members of the community who presented the platforms for each Presidential candidate. Each had a chance to present the strength of their candidates. However, in their desperate desire to gain votes, they also engaged in mudslinging, which became irritating to the audience.  Standing out was the issues of the mental state of Noynoy; the C5 corruption issue of Manny Villar; Erap being a convicted felon; the question of Gibo’s integrity; Gordons’s know-it-all and arrogance; and, Ed Villanueva’s futile attempt to transcend his religious leadership role.

The Immigrant Aspirations for the New Leader

With more than four million Filipinos in the United States, the aspiration of most immigrants is for a safe and peaceful election. As we are thousands of miles away from the homeland, we cannot avoid being weary about possibility of a failure of election. Even long time immigrants in the United States are looking forward to the election of a leader who will uplift the living conditions of each and every Filipino. The next leader, we hope, must be determined to eradicate corruption.

In recent years, more Filipinos have arrived to the US and other foreign countries in search of better future. The next President, we hope, should also be able to protect and represent the best interest of the overseas workers. This protection should start at home by cleaning up unscrupulous recruiting agencies.

Knowing that the Philippines is the number one exporter of nurses and other health care workers abroad, the next President hopefully will support a strong foreign service corps that will advocate for rights of Filipino workers abroad and protect them from abuses of foreign employers.

When there is mass deportation of TNTs from the US, the next President should provide a program for the families of these deportees.  And when there is an opportunity to advocate for the rights of the undocumented, the next President must not be hesitant to bring the message to US President. The President of Mexico, for example, never fails to bring up the issue of legalization of undocumented aliens who are in the US.  The next President, we hope, will advocate for the legalization of TNT Filipinos who are in the US.

For the veterans of World War II, the next President should not just rely on the Filipino American community for the advocacy. He should not be afraid to represent the interests of these veterans.  When a law that is passed to benefit certain veterans, the new leader should realize that it is indeed not full equity when there are still a significant number of veterans who lose out on a compromised bill.

On May 10, 2010 the right to vote of each Filipino, including the overseas absentee voter, must be a vote for the true leader who has the integrity and the determination to make a real change.  When we all cast the vote, let us forego considerations of mere rhetorics and mudslingings and vote for the rightful leader who will renew our hopes for a better homeland.

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

Categories
Updates

USCIS Still Accepting H-1B Petitions for Fiscal Year 2011

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USCIS is still accepting H-1B cap-subject visas for Fiscal Year 2011.
As of April 27, only 16,500 cap-subject H-1B petitions have been filed
with USCIS and just under 7,000 H-1B petitions have been received for
aliens with master’s degrees or higher. These rates are similar to
those seen last year; both, however, are much lower than rates seen in
previous years, when the annual cap would be reached in less than one
week.

The H-1B standard annual cap is 65,000; the H-1B master’s exemption cap
is 20,000. This year’s filing period opened on April 1, 2010. Petitions
that are subject to the FY 2011 cap must request an employment start
date of October 1, 2010 or after. Any petitions that request start
dates prior to October 1, 2010 will be rejected by USCIS.