INFINITI LAW
Immigration Bulletin
Winter 2006
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Infiniti Law is a transactions-based law practice that provides innovative, superior quality, and cost-effective legal solutions to companies in the areas of corporate and general business law, intellectual property law, employment law, and business immigration law. The company's vision is to act as the equivalent of an 'in-house corporate counsel' for your company---providing all of the typical transactional legal services needed to establish, run, and protect your business in a cost-effective, service oriented manner.

Beginning 11/13/06, the USCIS is now accepting premium processing applications for I-140 petitions in the EB1 Aliens with Extraordinary Ability category. The USCIS had previously opened the other I-140 filing categories to premium processing within the past few months.

The Department of Labor is now allowing employers to convert Traditional Recruitment (TR) labor certification applications pending at the Backlog Elimination Centers to Reduction in Recruitment (RIR) applications in order to speed up the processing. The written conversion request must be accompanied by documentation demonstrating a pattern of recruitment by the employer within six months preceding the date of the conversion request.

A DOL Administrative Review Board case recently held that the employer had not effected a bona fide termination of its H1b employee because there was no evidence that the company had notified the CIS it had terminated the H1b employee and provided the employee with payment for transportation home. The employer was ordered to pay the prevailing wage to the employee until the expiration of her authorized H1b period of stay.

If you know of anyone who would be interested in receiving our immigration bulletin, please feel free to forward it using the link below. As always, if you have any questions, please feel free to call or email me.

Sincerely,


Charlotte Danielsson, Esq
JD Stanford Law School; BA Economics--UC Berkeley

phone: (415)874-3540
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