ICE Issues Memo On Clarification Of Memo On Removal Goals
ICE Detention and Removal Operations Director issued a memo to field office directors clarifying the February 22, 2010 memo on removal goals.
Compliance
Out of Status
Question details
How many months gap is permisible for H-1 and also in GC process if person is on H-1 ?
I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock )
(Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )
A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'
H1B Status
Question details
My wife is on H1B and now she is 7th month pregnant. If she takes leave on non-payment, will she be in H1B status or out of status?
As long as the leave of absence is reasonable and customary (or required by medical necessity), she should be considered in status.
Importance of having continuity of employment/pay stubs
Question details
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.
In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.
For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.
E-Verify User's Manual
E-Verify is an Internet-based system operated by USCIS in partnership with SSA. E-Verify is currently free to Employers and is available in all 50 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands.
Immigration Law
ICE Detention and Deportation Officer’s Field Manual
This manual' is the official "who, what, when, where, why" guide to the Office of Detention and Removal Operations (ORO). Use it for ready access to information critical to the work you and your colleagues perform. A virtual sourcebook, it will guide you to and through policies, procedures, and background documents.
Agency
Immigration Law
DHS Extends REAL ID Material Compliance Deadline
Statement by Deputy Press Secretary Matt Chandler on DHS' Efforts to Enhance Driver's License Security
Release Date: December 18, 2009
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Immigration Law in the Workplace
Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
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Profession/Occupation
Green Card
Immigration Law
Procedures for Examining Documents and Papers - CBP
This directive provides guidelines and procedures for examining documents and papers during all Customs operatons at the border, functional equivalent of the border and extended border.
Agency
Immigration Law
Personal Search Handbook - CBP
This Personal Search Handbook sets forth U.S. Customs and Border Protection (CBP) policy for the conduct of searches of persons at the border by CBP officers using border search authority.