Month: September 2007

Driving to work this morning I heard a radio announcement of a website opposing REAL ID. So I googled the issue and found a site run by the ACLU called www.realnightmare.org. As one would expect, the site highlights the problems (namely privacy, bureaucracy and expense issues) with REAL ID.

The following is not legal advice and is for general information purposes only. Please consult a qualified immigration lawyer with questions related to your particular situation.

When a Form I-140 – Immigrant Petition for Alien Worker is filed concurrently with a Form I-485 – Application to Adjust Status to Permanent Resident, one may also file an I-765 – Application for Employment Authorization. The I-765, once approved, grants the applicant an Employment Authorization Document (EAD) and allows one to work, in one year increments, while his or her I-485 application is being adjudicated. The EAD is not employer-specific, meaning the bearer can work for whomever he or she wants to.

An adjustment of status application that has been pending at least 180 days that is based upon a first (outstanding researcher/professor or multinational transferee), second or third EB petition can be used for a new job offer as long as the job is in the same or similar occupational classification (factors considered are: (1) job description on Labor Certification Application, (2) DOT and/or SOC code for I-140 and new position, and (3) discrepancy between previous and new wage). The I-140 does not have to be approved at the time of transfer but must have been approvable when filed.  Geographic area and new employer’s ability to pay are not relevant to adjudication.

Finally, the applicant is not obligated to work for the petitioning employer while his or her application is pending.

I urge you to consult a lawyer before deciding to change your employment situation where your immigration status could be at stake.

According to an article in the Associated Press:  “A lawsuit filed Tuesday claims that federal immigration agents who raided a meatpacking plant detained Hispanic workers, hurled racial epithets at them and forced the women among them to take off their clothes, while white workers were spared the harsh treatment.”

According to its website:  “Immigration Voice will have a peaceful protest rally in Washington DC in September to protest the congressional inaction on issue of visa backlogs in high-skills immigration and to ask congress to take long overdue action on this well publicized issue.”

An article in the Providence Journal highlights the problems faced by farmers who hire undocumented workers and those who “play by the rules.”