Greetings!
Please send this newsletter to anyone you think will be interested. | |
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Challa Law Offices Moved to a New Location
On February 26th 2010, we moved to our new location. Our phone and fax numbers are the same; however our new address is listed below. Please make a note for your records. With a larger facility and additional staff we are as ready as ever to serve you better.
New address:
5040 Sadler Place Suite 200
Glen Allen VA 23060
Phone 804 360 8482 and Fax 804 360 8483 | |
Challa Law Conducted Richmond Domestic Violence and Sexual Violence Immigration (RDVSVI) Clinic in collaboration with VA Poverty Law Center
Are you or someone you know an immigrant who is worried about your legal status here in the United States? Are you ALSO a victim of Domestic or Sexual Violence?
If you answered yes to both questions, please come to one of the free clinics offered on either April 20th or April 22nd. Virginia Poverty Law Center and the Challa Law Offices will have attorneys, domestic and sexual violence advocates and other volunteers available to help you determine whether you are eligible to apply for a U Visa or VAWA Self-Petition.*
*Attending this clinic does not guarantee eligibility for a U Visa or VAWA Self-Petition nor does it guarantee free legal representation. Please contact Carmen Williams at the Virginia Domestic and Sexual Violence Action Alliance at 1-800-838-8238 begin_of_the_skype_highlighting 1-800-838-8238 end_of_the_skype_highlighting to complete an intake form for this clinic in Spanish before the clinic you wish to attend.
QUESTIONS?
Contact person: Susheela Varky
804-782-9430 begin_of_the_skype_highlighting 804-782-9430 end_of_the_skype_highlighting Ext. 33
Susheela@vplc.org
Sponsored by:
Virginia Poverty Law Center and The Challa Law Offices
Place and Time:
University of Richmond Downtown, 626 E. Broad Street
6-7 p.m.
City of Richmond Hispanic Liaison Office (Southside Plaza)
4100 Hull Street Rd.
6-7 p.m
Both UR Downtown and Southside Plaza are accessible from GRTC. Street parking and metered parking are available and free of charge after 5 p.m. near UR Downtown. Southside Plaza is near a shopping mall with plenty of free parking.
Stay tuned for more clinics next month. |
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Challa Law Offices at the annual meeting of VALHEN (Virginia Latinos in Higher Education Network).
Emily Sumner, attorney at Challa Law Offices, was a guest presenter at the annual meeting of VALHEN (Virginia Latinos in Higher Education Network). She co-presented with Erin McGrath on undocumented students in the higher education system in Virginia. In Virginia, undocumented students are not given in-state tuition rates at public institutions as they are not considered residents of the state. These students therefore often have a difficult time funding their education.
Ms. Sumner also serves on the Board of Directors of VALHEN. She is fluent in Spanish, and advises the Hispanic foreign national community in Richmond and beyond on US immigration matters. |
Emily Sumner, CLO Attorney Organizes Continuing Legal Education Seminar as Co-Chair of Immigrant Outreach Committee, YLC, Virginia State Bar
Emily Sumner, Immigration Attorney at Challa Law Offices, servers as co-chair of the Immigrant Outreach Committee, a committee of the YLC, part of the Virginia State Bar. As co-chair of the Committee, she recently organized a series of seminars on the immigration consequences of criminal convictions. The first seminar was held in McLean, Virginia on April 22cd. The next will be held in Virginia Beach on May 5th, with one in Richmond to follow.
Immigration Consequences of Criminal Convictions CLE: Including Analysis of Late-Breaking Supreme Court Decision of Padilla v. Kentucky
This dynamic CLE focuses on the fascinating intersection of criminal and immigration law. Criminal attorneys may often focus on obtaining reduced sentences for their clients. However, these good intentions can often wreck havoc on a foreign national's immigration status, possibly resulting in malpractice and/or a breach of ethical obligations on the part of the attorney, especially in light of the Supreme Court's late-breaking decision of Padilla v. Kentucky. It is critical that practitioners know how non-citizens are affected by criminal convictions and how to develop strategies accordingly, whether prosecuting or defending. Our distinguished panels will cover basics of immigration law and immigration consequences of specific criminal offenses, in addition to analysis of Padilla v. Kentucky.
Immigration Consequences of Criminal Convictions
Wednesday, May 5, 2010, Virginia Beach, Virginia
(*Featuring Mitchell Mosvick, who was on the legal team representing Mr. Padilla for the Supreme Court appeal)
9:00 a.m. - 5:00 p.m.
6 hours CLE (approved)
For more information and to register, visit: http://www.vsb.org/docs/conferences/young-lawyers/ylc-immigration-CLE-reg.pdf. |
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USCIS Provides Guidance for Foreign Nationals Stranded Due to the Icelandic Volcanic Activity
The Icelandic volcano last week has led to major disruptions in international air travel and many international visitors may be stranded in the U.S. due to cancelled flights and closures of European airports. Some foreign nationals may find that they are forced to exceed their authorized stay in the U.S. The U.S. government has been working to provide solutions and has announced two methods for relief for foreign nationals stranded in the U.S.
Foreign nationals at airports and traveling under the Visa Waiver Program (VWP) should contact the U.S. Customs and Border Protection Office at the airport. They may also contact the local USCIS office. Staff at both of these offices have been provided with clear guidance on how they can help VWP travelers that are stranded in the U.S.
Foreign nationals traveling to the U.S. under a visa are asked to contact the closest USCIS office to extend their stay in the U.S. While USCIS recommends foreign nationals initiate the extension of stay process 45 days in advance, they are providing guidance to their staff on the best ways to handle cases affected by the Icelandic volcano. |
Changes Coming to Airport Security Screening Procedures UNITED STATES
This month, foreign nationals traveling to the United States will begin to see changes in airport security screening procedures, as the U.S. Transportation Safety Administration implements new screening policies that will focus less on a traveler's country of citizenship and more on intelligence data that flags security risks. In particular, foreign nationals from 14 countries of concern should no longer be automatically subject to heightened screening because of their nationality alone. The new policies were announced by the Department of Homeland Security.
Beginning this month, airport security personnel will use security databases and watch lists in combination with intelligence about specific terrorism suspects, their physical descriptions and travel patterns to identify travelers for increased scrutiny. Foreign nationals whose traits and travel histories are similar to intelligence data could be selected for additional airport screening. The new procedures replace an emergency measure implemented in January that required automatic additional screening for citizens and nationals of Afghanistan, Algeria, Cuba, Iran, Iraq, Lebanon, Libya, Nigeria, Pakistan, Saudi Arabia, Somalia, Sudan, Syria and Yemen. |
H-1B Fiscal Year (FY) 2011 Cap Season Filing Data
FY 2011 H-1B Cap Count
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Cap Type |
Cap Amount |
Cap Eligible Petitions |
Petition Target |
Date of Last Count
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H-1B Regular Cap |
65,000 |
16,025 |
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4/22/2010 | |
H-1B Master's Exemption |
20,000 |
6,739 |
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4/22/2010 |
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UNITED STATES - EB-3 Professional and Skilled Worker Priority Dates to Advance for Most Countries in May
The Department of State has released the May Visa Bulletin, its projection of immigrant visa availability for the coming month. In May, there will be a one-month advancement in the priority date cut-off for the employment-based second preference (EB-2) category for China, to September 22, 2005, but the EB-2 India subcategory will remain unchanged.
In the third employment-based preference category (EB-3) for professionals and skilled workers, priority dates will advance three weeks for India, to October 1, 2001, and approximately eleven weeks for China and most other countries, to April 22, 2003. Immigrant visas in the EB-3 professional/skilled worker and other worker categories will become unavailable for Mexico for the remainder of this fiscal year, but will become available again as of October 1, 2010.
In May 2010, priority date cut-offs for the employment-based immigrant categories will be as follows:
EB-1 Current for all countries.
EB-2 China - September 22, 2005. India - February 1, 2005. All other countries - current.
EB-3 Professionals and Skilled Workers China - April 22, 2003. India - October 1, 2001. Mexico - Unavailable. All other countries - April 22, 2003.
EB-3 Other Workers Mexico - Unavailable. All other countries - June 1, 2001.
EB-5 Current for all subcategories and countries.
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EUROPEAN UNION - Expanded Freedom to Travel within the Schengen Area for Long-Stay (Type D) Foreign nationals holding the Schengen Long-Stay (Type D) visa may now make trips for business or tourism within the Schengen Area of up to 90 days within a 180-day period without the need for any additional travel documents, according to a new European Union regulation. Previously, Long-Stay (Type D) visa holders seeking to travel to other Schengen countries were required to first obtain either a residence permit or a Work and Visit (Type D+C) visa from the Schengen country that issued their Type D visa, or a Short-Term Visitor visa from a different Schengen country. With the expansion of the Type D visa, Schengen countries will no longer issue Type D+C visas.
Foreign nationals holding the current Type D+C visa can continue to use the visa until it expires, at which point they can apply for a Long-Stay visa or Short-Term Visitor visa, depending on their needs.
The following states make up the Schengen Area: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
Impact on Employers and Foreign Nationals
The expansion of the Type D visa provides employees working in Schengen member countries with greater flexibility and an expedited process for making short business trips within the Schengen Area during the validity of their work assignment. This is particularly true in countries where residence permits can take several months to process. |
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Disclaimer
This newsletter has been prepared for general informational purposes only and does not constitute legal advice. No information included herein shall create an attorney/client relationship or constitute an invitation for such a relationship. This newsletter is not intended to be an advertisement. You should always seek professional, independent legal consultation before taking or refraining from any action. | |
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Sincerely,
Lakshmi Challa
Challa Law Offices
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Our New and Enhanced Website
You can now do the following on our improved website:
Schedule an appointment
Make a payment for your legal fees
Some features that have not changed include:
Our online case management systems, where employees and employers can check the status of a case online 24/7
Additionally, employers can still generate reports which facilitate tracking high-volume case status and progress, and provide an additional safeguard to ensure critical deadlines are met
Check out our website at www.challalaw.com |
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Don't Get Caught Off Guard by a DOL Audit
Challa Law Offices Offers Training: Employer's Obligations Under the H-1B Regulations. The four-part training session is offered to employers. Special features of the training include determining the "Required Wage Rate"; parameters of the LCA, ongoing employer obligations, maintaining public access and other records, and finally DOL enforcement and penalties. Contact us if you would like to learn more about the training sessions. | |