Common Legal Issues for H1B visa holders and their dependents.

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Common Legal Issues for H1’s and H4’s Chai and Chatting December 19, 2012

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Transcript of Common Legal Issues for H1B visa holders and their dependents.

Page 1: Common Legal Issues for H1B visa holders and their dependents.

Common Legal Issuesfor H1’s and H4’s

Chai and Chatting

December 19, 2012

Page 2: Common Legal Issues for H1B visa holders and their dependents.

Introduction to H-1B Visas

Page 3: Common Legal Issues for H1B visa holders and their dependents.

Intro to Common Legal Issues

OverviewLegal Process—Advocacy System vs. Admin ImmigrationFamily IssuesPotential CriminalCivil Issues

Page 4: Common Legal Issues for H1B visa holders and their dependents.

Government Types:

Page 5: Common Legal Issues for H1B visa holders and their dependents.

U.S. Court System

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Another way:

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IMPORTANT POINTS:

1. ADVOCACY SYSTEM!!! The other side is not on your side!!

2. Immigration, workplace issues, generally federal court

3. Civil, criminal issues, local courts4. Administrative issues (licensing,

etc), executive branch

Page 8: Common Legal Issues for H1B visa holders and their dependents.

Immigration Issues

Status Checks (AR-11, drivers’ license)Wage and Hour problemsDiscrimination, hostile workplaceLanguage“Cabin Fever”Child Jurisdiction

Page 9: Common Legal Issues for H1B visa holders and their dependents.

Family IssuesEstate Planning-Will -Health Care Directive-Power of AttorneyTaxes-Foreign Bank HoldingsDivorce-Valid in U.S.?-Indian Assets-Children

Page 10: Common Legal Issues for H1B visa holders and their dependents.

Potential Criminal IssuesMost Common Among H1’s-DWI-Domestic Violence-Shoplifting among women

Impact on Immigration Status-CIMT-Employment-Future admission, citizenship-Padilla: Have a lawyer NMW!

Domestic Violence-Order for Protection-Harassment Restraining Order-Assault Charge-U Visa

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Civil Issues

Personal Injury (car accidents, med mal)Small ClaimsLandlord/TenantBusiness Formation-No!

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IMPORTANT POINTS Do things in writing wherever possible.Track receiptsSeek out resources (e.g. SEWA)There are many myths and misconceptions on the discussion boards: ASK a professionals!Legal costs are high AFTER the fact.

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Questions?