Category Archives: International Law

H1b Quota Met November 22nd, 2011 Now What?

The H1b quota has been met and came as a surprise as just a bit earlier, there were thousands available. However, many incoming cases were most likely not logged into the CIS computers and thus unaccounted for. Just before Thanksgiving, the CIS announced on November 23, 2011 that on November 22 , 2011 they had met the statutory cap of 65,000 for this year [which officially is Fiscal Year 2012]. Moreover, as of the 19th of October, 2011, the CIS received enough petitions to meet the 20,000 quota for people under the ‘advanced degree’ exemption. What’s next? Well, there is an option that some of my clients consider.

First, let’s preface. The H1b is the work visa for people with a degree or the equivalent. The government defines a position that requires a degree as a ‘Specialty Occupation’. If you do not have a degree you can trade 3 years’ experience in a qualifying field for a year of university training, and yes, you can apply for your entire 4 years of college to be waived if your equivalency is granted. The equivalency is evaluated by a CEF, or credentials evaluation firm, that an immigration lawyer can refer you to. The CIS has the right to challenge them but such a situation is rarely seen by us. The more common challenge is that you will have a position the CIS does not feel requires a degree in the first place. This type of challenge can be quite a burden so make certain that your position is a high-level one so this problem is not one you will face.

At this time, the only things an H1 applicant can do is extend a current H1, change employers, change employment terms, or work in a second H1 position. This last one is interesting. If a person is already on an H1 visa, he or she can still apply for a second one to hold concurrently. A lot of people are not aware that an H1 can be used for part-time employment or that the person is able to work for two companies simultaneously. There is one last two-part solution.

Some people who call us are businesspeople in their own country. However, thinking the transition to the US is hard, they secure employment with an American company so that they can make the move with some level of security. The trade-off, apart from a loss of independence, is a loss of earning capacity…of course this applies to anyone in any country. However, some of the people calling us are highly talented…but afraid. For those of you who are not afraid of entrepreneurial risk, read on.

Some of our callers have companies in foreign countries. If you have owned your company in your country (or any country for that matter) for a year and it is legitimate and creates revenue, you may be eligible for an L1 visa. In order to qualify, simply invest in a company in the United States and own at least 51% of it. If you are the manager or executive of that firm, you may remain in the United States for up to a year. However, a year later you may apply for the highest level Green Card there is, the EB1, and if you qualify, you may have it a year or so later. That particular type of Green Card does not require that the position (of the Green Card applicant) be advertised. That is a great advantage because if people more qualified than you apply for your position, they will move you off your place on the chess board of immigration. Another plus is that you don’t have to wait for the current 8 or so years for your Green Card. A benefit of the L1 is that your spouse will have work authorization.

A second option is available for people who do not own a current business. If you are from a Treaty Country (primarily Canada, Mexico, Australia, and most of Western Europe), you can apply for the E1 or E2, also called E-2 visa. The E visa group if for foreign investors who want to open a company in the United States. The reason I mention it is because a lot of people calling me seem to confuse the EB5 or EB-5 category with the E visa and think they must invest a million dollars and hire 10 US employees. The EB5 is too complex to discuss now and will be the covered in another article. However, with the E visa, we have successfully won cases with investments of $100,000 and a good business plan.

Many talented people feel that the H1B visa is their only option. It’s not. Sure, investing in your own company is risky, but so is working for someone else. If you are entrepreneurial, the E visa may turn your financial life around. Although the world economy is in a slump, the United States values brilliance and hard work. If you have a plan, maybe you can take it to the next step. For more information on the E and L visas, feel free to visit www.my-immigration-attorney.com/index-2.html. If you are moving to the United States, we created a site to help you understand the country a bit better: www.usa-explained.com. I hope this helps you find another option to the H-1b. Otherwise, you will have to wait until the new filing date of April 1st 2012 in order to start working on October 1st, 2012. Think of what you can do with your life between now and then as an entrepreneur!

Via EPR Network
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Schillings to discuss privacy and reputation management issues at Legal Weeks Private Client Forum

Schillings, one of Britain’s top law firms dedicated to safeguarding the privacy and reputations of international corporates, brands, celebrities and high-profile business people, will be represented by senior partner Keith Schilling at Legal Week’s Private Client Forum. The main theme will be “Assessing Risk in a Volatile World”, which will be looking at changes the international wealth market has faced in 2008 and the new risks brought about in an ever increasingly volatile market.

Keith Schilling, senior partner at Schillings, will participate in a panel discussion on the topics of privacy, reputation management and human rights and will discuss, along with fellow panelists, how the world’s high-net worth individuals are in a constant battle with the media to protect their own privacy and reputations.

The conference will examine the major issues that have arisen following the advent of the credit crunch and the economic strain currently being suffered on a global scale. Increased pressure from regulatory authorities in Europe and the US government also spell uncertain times for the world’s financial safe havens.

These developments and more will provide the basis for a three day programme for the world’s leading private client lawyers.

The first day of the conference will offer a view of the impact of the credit crunch and how the shift of wealth globally has brought about new risks in wealth management.

The second day will feature a Q & A style debate on the future of international financial centers and a discussion assessing the effects of new US exit tax laws which will form a wider discussion on the reach of exit, gift and inheritance taxes globally.

The third day will see Keith Schilling, recently voted one of the 1000 most influential people in London, join a European panel discussion on privacy and reputations. His fellow panelists include Basile Ader from the French law firm Ader, Amigues et Jolibois; Professor Dr. Matthias Prinz from the German law firm Prinz Neidhardt Engelschall and Jennifer McDermott from Withers in the UK. The panel will outline the differences in privacy laws across a number of jurisdictions and the steps to take to avoid unwanted media attention and what to do if it arises.

Keith Schilling said about the conference, “At this time of volatile market conditions, the threat of a global recession and fears about the security of individuals’ wealth, the media are increasingly focusing on the private wealth of high-profile people. We are seeing a trend in the media towards ‘money being the new celebrity’ and we are working with our high-net worth clients to advise them how to protect their reputations and manage their own and their families private lives. This conference is on at a time of unprecedented financial turmoil and proves just how important an issue it is.”

About Schillings:
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people. The firm’s track-record in defamation, privacy and copyright cases, as well as
dispute resolution is second to none.

Defamation, privacy and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm.”

The firm uses the law to protect the reputations, privacy and confidentiality of clients by helping them and their PR advisers to manage what is published and broadcast about them. It is their ability to adapt to the threats posed by the ever changing media landscape which keeps them at the forefront of this specialist area.

Schillings clients include supermodel Naomi Campbell, actress Nicole Kidman, seven times Tour de France winner Lance Armstrong, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, leading investment bank Kaupthing, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

Via EPR Network
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Schillings announce the topics for their upcoming BITESized briefings, a series of short information and Q&A events

Schillings, one of Britain’s top law firms specialising in the areas of reputation management and brand protection, are to hold their second series of BITESized briefings, These information events help their clients and PR professionals keep up to date with how to use the law as a tool in managing and protecting reputations.

These Schillings events will fall into one of three categories: preparation, prevention and publication. Schillings Lawyers will show those who attend the events what to do early on, in order to prepare for and avoid unwanted media attention, what to do if faced with the threat of a damaging story being published and how damage can be limited and reputations restored after publication.

The first of this season’s BITESized briefings, which was held at Schillings offices in London at the start of September, focused on the subject of executive reputation management. Knowing that Senior Executives’ reputations are as important to a corporate brand as the company’s performance, Schillings Lawyers demonstrated how to keep personal information such as details of bonuses and family information out of the press and how, by protecting the privacy and reputation of its senior executives, a company can ultimately protect the corporate reputation.

The next briefing to be held later in the month will focus on the importance of HR in averting a possible media crisis. With a large number of media situations arising as a result of activities by disgruntled ex-employees, Schillings will explain the practical steps which can be taken by HR professionals to prevent any issues escalating into a communications and media crisis.

The third event in the autumn season will concentrate on the legal tools available for dealing with crisis management. The session will aim to dispel the myths about using the law in assisting with a media crisis and explain how the law can help set the record straight when faced with defamation issues. Schillings will also explain how employing such legal tools can provide the PR and communications teams with positive messages for restorative communications.

Further BITESized briefings from Schillings will commence in the winter, offering advice and information on handling the media and protecting reputations from a legal perspective.

About Schillings:
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people.

Defamation, privacy and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm”.

Schillings Lawyers use the law to protect the reputations, privacy and confidentiality of clients by helping them and their PR advisers to manage what is published and broadcast about them. It is their ability to adapt to the threats posed by the ever changing media landscape which keeps them at the forefront of this specialist area.

Schillings clients include supermodel Naomi Campbell, actress Nicole Kidman, seven times Tour de France winner Lance Armstrong, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, leading investment bank Kaupthing, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

Via EPR Network
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Warren S. Reid – founder of WSR Consulting Group – 20 Years of Pioneering and Leadership As Computer Expert Witnesses in Software Failure Projects and IP Infringement Litigation

Warren S. Reid founded WSR Consulting Group, LLC (WSRcg) in 1988, and since then the firm has grown to 15 expert witnesses, including ex-Big-6 Consulting Firm partners and managers, CIO’s and an IT lawyer. WSRcg team members have served as experts and expert witnesses in computer, software and Internet disputes and turnaround projects, large system/software project failure litigation, and software intellectual property (IP) litigation. They have been recognized and accepted as IT expert witnesses in U.S. arbitration hearings, state and federal courts, the U.S. Court of Federal Claims, and in Canada, Asia and Europe.

Our prime areas of expertise and main services are acting as consultants in IT Project Turnaround situations, and acting as testifying expert witnesses in the following arenas: computer system failure; software project failure; ERP implementation project/systems failure; internet systems and website failures; software intellectual property disputes; and high-technology valuation situations.

WSR Consulting Group, LLC experts have testified as expert witnesses where their engagement counsel represented: President William Clinton, Her Royal Majesty the Queen of England In right of Canada; Fortune 500 companies; the Malaysian Stock Exchange; renowned hospitals; worldwide restaurant chains and big box retailers; Big 4 consulting firms; ERP customers, vendors and system integrators.

Warren S. Reid, founder and Managing Director of WSR Consulting Group, in his previous career as a management and computer technology consultant and partner/manager at two of the world’s largest consulting firms, was a principal author of one of the first large-scale Software Development Life Cycle (SDLC) methodologies, which evolved into “Method/1” and which is still used internationally by some of the world’s largest companies. He was also one of a small team of consultants that helped to create and launch the Federal Energy Office for President Jimmy Carter in just 75 days, and managed and oversaw the testing and acceptance of California’s Lotto Lottery games in just 100 days.

As quoted by Ed Yourdon, CEO, NODRUOY Inc., February 21, 2007 on Linkedin: “Warren is one of the sharpest and most insightful of all the computer experts and management consultants I’ve known. He’s got a broad range of experience, and doesn’t pull any punches when he advises clients and senior executives how to get themselves out of the technical problems they’ve gotten into, and how to achieve competitive advantage in today’s fast-moving global environment.”

The scope of the systems that Warren S. Reid and/or WSR Consulting Group, LLC systems experts have built and/or testified about cross multiple platforms and industries. WSRcg’s industry specialties include: manufacturing and distribution; health care systems/HIPAA; retail & restaurant service; e-business and web 2.0; gaming and ticketing; automotive; government, military and law enforcement; higher-education; financial services; and software and high-technology.

Speaking about Warren S. Reid’s work as an expert witness, Richard Bernacchi, Esq., one of the pioneers of the computer law industry in the U.S. had this comment: “Extremely thorough and organized, very articulate, and has a very credible courtroom presence”.

Michael D. Scott, Esquire, Law Professor, and author of more than seven books on technology and the law comments: “I have had the pleasure of working with Warren on two major system failure cases. He leaves no stone unturned in getting to the truth of what happened (and more importantly, what should have happened but didn’t). His small but specialized team does better, faster and more thorough work than even the largest consulting firms.”

WSRcg’s IT configuration and platform expertise includes: internet, social and web-based systems; legacy mainframes; 3-tiered host-client-server architectures; mobile and networked PCs and devices; multi-state, multi-level point-of-sale (POS) systems; robotic manufacturing, warehouse and distribution facilities; Enterprise Resource Planning (ERP) Systems including SAP, Oracle, PeopleSoft, JDEdwards, Retek, Cerner, IBM, and Microsoft ERP systems; software testing, project management and SDLC tools.

Warren Reid is the author of approximately 100 published business articles (many in peer-reviewed journals), and is quoted in numerous books, newspapers and magazines. He is the co-author with Michael D. Scott, Esquire, of a best-selling book: “The Year 2000 Computer Crisis: Law, Business and Technology”. He has been a keynote speaker and/or featured presenter at many prestigious international summits, congresses and conferences.

WSR Consulting Group, LLC’s Blog 

Via EPR Network
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Welcome to EPR Law News

EPR Law News is a new blog, part of EPR Network, that is going to be focused on and will be covering the law news and stories from press releases published on EPR Network.

EPR Network (EPR stands for express press release) is one of the nation’s largest press release distribution networks on Web. The EPR’s nationwide network includes 12 State based PR sites, one major PR forum and a number of industry specific PR blogs and what started as a hobby on Internet years ago turned out to be a rapidly growing business today. EPR Network is also known as one of the most trusted (human optimized, published, edited and monitored, spam/scam/low quality PR content free) PR sites on the web with more than 10,000 company and individual press releases distributed per month. EPR Network is putting your press releases on top of all major search engines’ results and is reaching thousands of individuals, companies, PR specialists, media professionals, bloggers and journalists every day.

EPR Network has thousands of clients around the world including global 500 corporations like Hilton Hotels, Barclays Bank, AXA Insurance, Tesco UK, eBay/Skype, Emirates, just to name a few. The network’s PR web sites are currently reaching from 150,000 to sometimes 500,000 unique visitors per month while our viral reach could possibly go to as much as 1M people per month through our presence across various social media sites. EPR Network was established in 2004 and as of May 2008 it had more than 800,000 press releases (pages) published on its network.

If you have a press release to be distributed, you can do it over here: press release distribution