Posts Tagged ‘law’

Akhil Amar for Next Supreme Court Justice

April 13, 2010

I would like to see Akhil Amar as the next Supreme Court Justice. And that is not only because he knows more about Constitutional Law than most Supreme Court Justices. But as a group, Asians don’t have much clout in Politics.  We have small numbers. Yet, we score the highest SAT scores, we earn the highest average salaries of any other group.  Yet we have negligible representation in Government.

Our children get into the best colleges through merit alone, we don’t have affirmative action or legacy. And very often than not, schools discriminate against us. Princeton was sued recently by Asians because they adversely discriminated against Asians. So all other groups can get in with much lower grades than we do. That is why schools have created this “holistic” approach, so that they can tell Asians that education is not enough.

The legal profession takes this discrimination even one step further. Not many Asians are partners of big law firm.  So even though Neal Katyal convinced the Bush Supreme Court to rule against Guantanamo, he was just a professor at Georgetown. Mr. Amar is a professor at Yale. But Professorships don’t pay. Neither does in house counsel. So most Asians become doctors.

In the process we are loosing some brilliant minds to Law. We need to uphold the image of Asians as effective lawyers. And after all they have the brains and education to prove it.

Contact Houston Immigration Lawyer, or Houston Immigration Attorney Annie Banerjee, for more information.


DOL’s Emphasis of Form over Matter shot down

April 22, 2009

The Department of Labor, Foreign Labor Certificate Division had always been emphasizing form over matter. The Perm form (and to an extent even the LCA form) is all about form, not much about substance. You have to do things just a certain way, or you get denied. Such was the case of the Kellogg language which needed to be inserted if the employee qualified for a job in an alternative capacity. For instance, if the job is for software engineer and the employer will accept software degree holders or say MIS or any combination of that; then the PERM form should have the magic language that was mandated by a case called Kellogg. As long as the employer (or attorney) put in the magic language,”“any suitable combination of education, training or experience would be acceptable”, you are good to go. This requirement does not have to be in the advertisement, or anywhere except the PERM form. When it is apparent that the employer will accept alternatives, what good will sprinkling the magic language into the form achieve? Thankfully the Board of Labor Certification Appeals recently ruled that it would be fundamentally unfair to deny certification based solely on the fact that the employer did not sprinkle the magic language into the case.

Our legal tradition had always emphasized matter over form.  But thats not the case in immigration law where still form is emphasized over substance of a case.  Already this field of law does not attract the top law students. I think in the future immigration law (unless of course it changes)will be performed by robots.

Contact Houston Immigration Lawyer, Annie Banerjee, for more information

Lincoln, the Lawyer

February 2, 2009

Not much is known about Lincoln as a lawyer.  But in fact, he was a busy lawyer. He, with his partners handled at least 5173 cases.  He was both a trial and appellate lawyer, though he was probably a better appellate lawyer than a trial lawyer.

In his notes for a Lecture on Law, Lincoln:

1. Discouraged litigation and looked for a peaceful solution to legal problem

2. Fee Retainers: encouraged lawyers to be reasonable and not charge abnormally.  But also do charge a retainer, because then you will feel “like you are working for something”

3. Be diligent and faithful. He acknowledged that lawyers have a “vague” reputation of being dishonest.

Above all Lincoln believed in the Rule of Law, that the legal principles that bind us together to form an orderly society. However, the rule of law has to coexist with the rule of equality to create a “liberal democracy which was the realization of a morally right political order”

Now, may be another lawyer from Illinois will merge the rule of law with the rule of equality.

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Contact Houston Immigration Lawyer, Annie Banerjee, for more information.

The Politics of Immigration

June 8, 2008

The issue of Immigration has broad bi partisan support. But at loggerheads are two issues, business immigration and granting status to illegal immigrants. Business immigration laws restrict the number of immigrants that can come in for instance on the H-1B visa (professional visa) and employment based green cards. Tech companies like google and Microsoft are severely affected. This year google received more than 1 million application for jobs . They filed only 300 H-1B visas. 90 of those visas did not get accepted. Google has the reputation of being one of the best employers and hire the very best. In fact one of google founders, Sergey Brin, is an immigrant.

Responding to complaints by Google and Microsoft, both the house and senate has bills to increase the H-1B quotas and exclude people in Science, Technology, Engineering and Mathematics (STEM) from the quota.

But such bills are often not passed, and tend to be rejected by those law makers who believe that there is more pressing need to legalize illegal immigrants rather than do something about business immigration. Comprehensive immigration is great, but almost impossible to pass in this divided congress. Yet the champions of legalizing illegal immigrants often do not want to pass immigration reform to grant businesses more professional immigrants. Ultimately, what those Senators and Congressmen and women fail to see is that Immigration benefits us, no matter what type it is. Restricting professional immigrants just results in those professional jobs being outsources to other countries, and the US loosing its foothold in the world.

I-140 Portability

May 30, 2008

You filed your I-485 under the July 2007 Visa Bulletin (VB No. 107). It has been more than 180 days. You cannot stand your employer, and have found a new employer who will continue the process. Can you Port your I-140 under AC21?

Below are some pointers to consider before you switch employers:

1. Is your I-140 approved?

If your I-140 is not approved yet, you need to decide if that case will be approvable. You have to decide if your first employer who sponsored you have the ability to pay, a valid job offer, etc.

If your first I-140 is approved already then porting becomes much easier

2. Is the new job same and similar?

The new ported job has to be same and similar. Both those jobs have to have the same DOT Code (for RIR and traditional cases) or SOC Code (for PERM cases), and the salary range offered in the underlying Labor certification has to be within a similar range. It is much better to have a copy of your original labor certification and the I-140 approval or receipt notice, to determine if the new job is same and similar.

  1. What if my first Employer withdraws the I-140?

It is not a problem if your first employer withdraws the I-140 after 180 days of the filing of the I-485.

  1. Can you port to a different Geographical location?

Yes, you can take a new job anywhere in the US and port the I-140

5. Should the new employer have the ability to pay?

Although technically the only factor that counts is whether the two employments are same and similar, the question of whether the new employer has the ability to pay can be a factor in adjustment of status

  1. What’s the worst case scenario?

If the I-140 Portability is denied for some reason, you can always retain the Priority date of the old labor for the adjustment under 8 C.F.R 204.5(e). But you have to start with a fresh PERM filing. This means if your 6 years of H-1B are over, you might have to go back to your home country until you can get your green card.