If anyone wants to file an application for adjusting status to Permanent Residency (Green Card), they have to undergo a physical examination from a doctor listed by Citizenship and Immigration Services. The doctor has to ensure that the person has received all their shots and have to communicable diseases. The shots required by US Government are:

Hepatitis B at birth, 2 months, 4 months, 6 months, 15 months, 12 yrs

DTP 2 months, 4 months, 6 months, 15 months, 4 years, 12yrs

IPV 2 months, 4 months, 6 months, 15 months and 4 years

HiB 2 months, 4 months, 6 months, 15 months

MMR 1 year and 4 year

Chicken Pox (varicella) 1 year and 12 years

PPV and PCV 2 months, 4 months and 6 months

TD Booster every 10 year

FLU last October

Many clients especially from developed countries have already had these vaccines. Since these vaccines are also required by most schools, most students have already had them. Same is true for clients coming in on K visas and adjusting status here.

Yet the doctors prey on these immigrants. Most of the doctors on the list are Foreign Medical Doctors (FMGs) I understand that GPs with good practices would not want to do immigration physicals. But it is very hard to find an ethical doctor.

The average cost of this physical should be about 150 USD. Yet clients routinely get charged anywhere between $600 to more than $1000/- The doctors give shots which very often these people have already had. The physical comes in a sealed envelop and lawyers or clioents cannot see it. So there is no way of verifying anything inside.

Also very often the doctors make mistake in filling out these forms. The client comes to know about this only through a Request for Information in an Employment based case, or at the Interview in Family based case. The clent has to take the form back to the doctor to correct the mistake. Very often they are charged again, this time for the mistake of the doctor.

I propose that we lawyers suggest the names of these doctors to the CIS, and offer proofs of these totally illegal activities. The CIS will then have a mandatory obligation to report these matters to the State Board of Medicine and the Attorney General’s Office.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Jose Antonio Vargas won the pulitzer in 1997 for the Virginia Tech shootings. He has interviewed Mark Zuckerberg. He writes for the Washington Post. And he is illegal.

His mother put him in a plane from the Phillipines, and he landed in California, and lived with his grandparents. He was a very good student. When he discovered that he was “illegal” he learned to speak English, so that no one would mistake him as “illegal”. And now, he has come out, to fight for his rights, to fight for the rights of thousand others like him, illegal children, who were raised in the US, educated in the US. The House tried to pass, what is called the Dream Act several times, to legalize these children, yet the bill always die. Republican Congressmen, like Kay Bailey Hutchinson from Texas, think that granting these students the Permanent Resident status would encourage their parents to file for permanent residency.

Yet, if what Vargas did was criminal, then its criminal to be a human. He overcame, and he survived. And this determination achieved fruits for America. Yet, how many Vargases are being quashed everyday by restrictionists?

To deny undocummented children who are being educated in the US, the right to survive and live properly in the US, is not only inhumane, its ultimately detrimental for America. Look at the list of Nobel Prizes from America, at the list of Intel and Westinghouse Science Scholars. Yes, if we were to all leave the US, the US would become a third world country in a day. It would become the country of sub intellects like Sarah Palin.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Although Export Control can apply to goods, Deemed Export applies to Technology. This blog will only deal with Deemed Export.
Certain technology is controlled by our Government and restricted for importing to other countries. The Commerce and State Departments issue licenses for such exports. This rule has long been in the books, but was not really enforced. Suddenly in December of 2010, the new I-129 form came in, and the form included questions about deemed export for H-1B, H1B1,L-1 and O-1A.
The employer has to first ascertain what the beneficiary’s citizenship country is. (Not country of birth) Particularly countries like Iran, Iraq, Lybia, China are suspect. Then ascertain what technology or technological data the beneficiary has access to. If the employer needs a license from the Department of commerce/State to export that technology to that person’s country, then the employer has to first get the license before filing the H-1B, or deny access to the person until such license is obtained. This process can take about 6 months.
For large high speed Computers Systems, usually source code is controlled, not object code. Also sophisticated networking systems and encryptions are usually controlled.
There are two types of Deemed Export regulations: the Export Administration Regulations administered by the Department of Commerce, (EAR) and the International Traffic in Arms Regulations, (ITAR) administered by the Department of State. More information on these can be found at:
http://www.bis.doc.gov/licensing/exportingbasics.htm

EAR typically deals with high speed computers, semi conductors, telecommunications, and technology dealing with manufacturing equipment. ITAR deals with technology which has space or military applications.
To get the license for nationals from countries like Iran, Iraq, Syria, China and Libya is very difficult, especially for ITAR
The penalties for violation of this law is severe. And ICE will audit employers. Civil penalties range is either $250,000 or twice the gain from the particular technology. Criminal penalties range from up to 1 million USD, and up to 20 years prison term.
There is of course no prior evidence that anyone on H-1B ever exported any technology back home. But, Immigration is fast becoming a huge cash cow for the Government. We love to hate immigrants, and make employers who hire immigrants pay severe penalties. And in the process we will lose our competitive edge to other countries.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee

Houston, Texas – The 2012 application period for H-1B petitions is now open at the U.S. Citizenship and Immigration Services. Beginning April 1, the USCIS will start accepting applications with the correct fees until the cap of 65,000 is reached. Interestingly, the first 20,000 applicants with U.S. master’s degrees or higher are waived from this H1-B cap.

“It is very important for make sure all the statutory and regulatory guidelines are met as a petition for H-1B status is prepared,” said Houston immigration attorney Annie Banerjee. “Otherwise, delays, requests for more documents, and the potential for not getting the application in before the cap is reached can be a harsh reality.”

An American business will sponsor the foreign worker for their technical or theoretical expertise. Scientists, computer programmers, and engineers are the most sought after. Foreigners who want an H-1B visa must have a four-year degree or substantial, specialty work experience to qualify. The INS will want to see an employer’s recommendation letter along with a copy of the degree.

“Last year the cap was reached October 1,” Banerjee said. “So employers and individuals want to have their act together quickly to get the H-1B status.”

Once an individual is granted an H-1B, this status will be valid for three years, with a possible extension to six years. If the individual wishes to stay permanently, they can apply for a green card and permanent residency. Otherwise, after the initial time period they would have to stay out of the United States for an entire year.

U.S. employers must file a labor condition application (LCA) that states the job type, salary, length of employment, and locale. The wage must be the actual or prevailing pay for the position. Skilled immigration attorneys can assist with the LCA and the appropriate forms, such as the I-129, 129 supplement, and H-1B. The USCIS is almost complete with beta-testing a new adjudication tool to verify if the sponsoring company is legitimate and financially stable. The program is called VIBE, Validation Instrument for Business Enterprises, so this points to the urgency and seriousness in ensuring that the LCA and other documentation is as thorough and accurate as possible.

The Law Offices of Annie Banerjee are known for their skill at the H-1B process for employers and individuals. For more than a decade, she has counseled Fortune 500 oil, bio-tech, IT, and multinational manufacturing companies. Attorney Banerjee is also well-versed in the needs of small businesses and assisting family members of H-1B applicants too.

For more information:

Law Offices of A. Banerjee

131 Brooks Street Suite #300

Sugar Land, Texas 77478

Phone: (281) 242-9139

Fax: (281) 242-2058

2027 Sheridan Street

Houston, Texas 77030

Phone: (713) 793-6339

annie@visatous.com

To learn more, visit http://www.visatous.com.

If the principal beneficiary becomes a green card holder, the immediate family, ie spouse and minor children can file following to join if they have not filed together. The requirements are enumerated in 9 FAM 40.1 N7.1 General
There is no time limit to file this petition, provided that the Legal Permanent Resident (LPR) has not left the country. Minor children, if they are in US can adjust, no accrual of illegal stay (under 21) However the relationship should still exist, ie the child has not reached 21 years of age, got married, or the LPR has not died. The relative should consult the consulate, fill out a DS-230. Documents should include all of the LPR’s Immigrant visa petition, and a copy of the Green Card (Permanent Resident Card) and documents to establish the relationship, like marriage certificate or birth certificate. The LPR has to also file the I-864.

For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee