HOUSTON BUSINESS LITIGATION ATTORNEYS

Serving Clients in Houston, West Houston, Southwest Houston, Sugar Land, Katy, Copperfield, Memorial, Spring, Northwest Houston, Northchase, Spring Cypress, Champion Forest, The Woodlands, Kingwood, Humble, Lake Houston, Midtown, Memorial, West Oaks, Royal Oaks, Clear Lake, League City, Westchase Business District, Harris County, and Galveston County.


HOUSTON BUSINESS COLLECTION LAWYERS


Experienced Houston Collection Attorneys When You Needed Most!


Collection of Sworn Account



Business depends on the ability to collect debts and outstanding balances to be profitable. In fact, the viability of your business often times depends on clients being able to pay on time and the ability in which you can collect on sworn accounts. The Houston Business Debt Collection Lawyers and the Southwest Houston Collection of Sworn Account Attorneys can assist you matters involving breach of contracts, collection of oustanding debts, non-payment for services or goods, collection on default of lease, breach of commercial lease agreements, and on slow payments. Please contact our Houston Collection Attorneys and our West Houston Business Collection Lawyers to receive a consultation.

Because there are numerous types of debt collections, we devote the following section to collection of sworn accounts. All other questions regarding the enforceability of your contracts or to collect other outstanding debts should be directed to the Houston Debt Collection Lawyers and the Southwest Houston Collection Attorneys. Our attorneys can be reached at 713-517-6645 or fill out our contact form by clicking on the "contact" button above.



What Is a Sworn Account?



The elements for collection of amounts due under a sworn account are: the plaintiff sold goods or furnished services to the defendant; the prices were just and trust because they were according to the contract or were the usual and customary prices in the event of no contract; the petition contains the systematic record of the transactions; all lawful offsets, credits or payments have been applied to the account; the account remains unpaid; the damages are liquidated and the plaintiff has verified the petition. Texas Rule of Civil Procedure governs suits on sworn accounts.

A suit on sworn account deals only with accounts where one party purchased goods or services from the other party and does not apply to collection of unpaid balances on credit cards since lending credit is not legally considered a good or service.

Recoverable Damages



In a suit on sworn account, the plaintiff can recover actual liquidated damages and both pre- and post judgment interest. Reasonable and necessary attorney fees are also available to a prevailing plaintiff if the contract allows for such or by statute if the damages are unliquidated. To bring an action based upon a sworn account, suit must be filed within four years of the breach.

Defenses to Suit on Sworn Account



Defenses to a suit on sworn account include allegations that the account, all or in part, is not just and true; the account is not due (no valid consideration); not all just and lawful offsets have been applied to the account. If a suit on sworn account is verified by the plaintiff, the defendant’s answer needs to be verified as well. Otherwise, the account is presumed just and true and the defendant cannot dispute the receipt of the goods or services.

A defendant in a suit on sworn account can counterclaim that the plaintiff used unfair collection attempts in violation of state and/or federal law. A defendant can also assert fraud or breach of contract as a counterclaim and may be entitled to attorney fees if he prevails.

If you have been sued on a claim based upon a sworn account, you have specific legal duties to preserve all of your available defenses. Consult the Houston Suit On Sworn Account Attorneys and the West Houston Collection Suit Lawyers at the Law Offices of Steven Tuan Pham to learn of your rights and possible defenses. If a customer has failed to pay his bill for goods or services rendered by your business, a West Houston Collection Lawyer or a Southwest Houston Deb Collection Defense Attorney at the Law Offices of Steven Tuan Pham is able to counsel you on the legal landscape that lays ahead in the collection of the outstanding debt.


DISCLAIMER



Each collection case is unique depending on the fact and the contract, if any, in which you agreed and signed with the opposing party.  You should NOT rely on the information on of this web site in replacing a personal consultation with an experienced Houston Business Collection of Sworn Account Lawyers and the West Houston Business Collection Attorneys at the Law Offices of Steven Tuan Pham  There may be legal issues in which you may not be aware. Please feel free to contact our Houston Collection Litigation Attorneys and our West Houston Collection on Sworn Account Lawyers at the Law Offices of Steven Tuan Pham today at 713-517-6645 or complete our Contact Form.



HOUSTON IMMIGRATION & NATURALIZATION ATTORNEYS

Serving Clients in Houston, West Houston, Southwest Houston, Sugar Land, Katy, Copperfield, Memorial, Spring, Northwest Houston, Northchase, Spring Cypress, Champion Forest, The Woodlands, Kingwood, Humble, Lake Houston, Midtown, Memorial, West Oaks, Royal Oaks, Clear Lake, League City, Westchase Business District, Harris County, and Galveston County.

 

 

 

 

 



HOUSTON H-1B TEMPORARY PROFESSIONAL SPECIALTY WORKER VISAS
Assisting Employers Effectively Employ And Sponsor Foreign National Professionals


General Background



Houston H-1B Temporary Professional Specialty Worker Visas
experience, or the financial capability to come to the U.S. immigration policy favors those that have skills, U.S. As such, the H-1B Specialty Worker Visas was designed to attract professional to come and work in the U.S. on a temporary basis.  Under H-1B, the employer, the petitioner, will file the visa application on the behalf of the foreign national who is the beneficiary. Currently, there are only 65,000 visas available for specialty workers to come to the U.S. and work in a professional capacity.  In addition to the 65,000 H-1B visas, and an additional 20,000 visas are available for applicants who obtained Master’s Degrees or higher from U.S. Institutions.  Even more favorably, qualified teachers and educators are exempt from the numerical limitation and may apply for H-1B throughout the year.

 



How Do I Qualify For An H-1B Visa?

To qualify under H-1B, the employer must offer the foreign employee a fulltime or part-time professional position.  The offer must contain the proposed salary that is within the prevailing wage, issued by the U.S. Department of Labor, based on the geographical region.  Further, the employment must be one that is qualified as a “specialty occupation.”  A "specialty occupation” means an occupation that requires theoretical and practical application of an area of specialized knowledge, such as an accountant, teacher, software developer, information technology analyst, an engineer, or a scientist.  In addition, the person must also have a bachelor’s degree or an equivalent of a U.S. degree.  In some limited circumstances, The USCIS will accept experience in place of a bachelor degree.  The USCIS will replace every three years of experience for one year of education.  Therefore, if the IT professional, a network administrator, only has an associate degree in information technology, but has 6 or more years of experience, the person may qualify for an H-1B Specialty Occupation Visa. 



Please contact the Houston H-1B Visa Attorneys or the Sugar Land H-1B Specialty Worker Lawyers for information to determine if your degree is an equivalent to a U.S. bachelor degree. 

 



What Is The Application Process For H-1B Visas?

The employer must first offer a position to the potential employee.  Subsequently, the employer must prepares and file a petition on behalf of the foreign employee.  Because the USCIS often receives three times the number of applications over the number of visa available each year, the USCIS has created an electronic lottery system in which a computer randomly picks the applications. The employer can only file 1 H-1B application for each prospective employee.  The USCIS will reject and fine any employer who attempted to file multiple applications for the same employee.  However, the employee may have different applicants filed on their behalf by multiple employers. 



In October of 2000, the American Competitiveness in the 21st Century Act (AC21) was signed into law. AC21 includes a portability provision that allowed previous H-1B holders to start with a new employer upon filing and receiving a receipt from the USCIS for the new H-1B petition. This is sometimes refers to as an “H-1B Transfer.”  However, it is not a transfer at all but that the new application will use the existing H-1B visa that previously awarded to the beneficiary.  The law drastically changed the way the H-1B visa holders are regulated.  Before the enactments of AC21, individuals could not start the new position H-1B employer until the new H-1B petition was approved. For more information on H-1B Transfer, please contact the Houston H-1B Transfer Lawyers and the Spring H-1B Visa Attorneys at Law Offices of Steven Tuan Pham



Unlike before, F-1 students who are graduating after April 1 of each year (the date in which the USCIS will start accepting H-1B applications for following fiscal year with the October 1 start date) may now file for a change of status application when filing for H-1B.  The student must indicate that the start date of the change of status is October 1 of that year.  As such, international students under F-1 visa status may remain in the U.S. while waiting for the decisions of USCIS.  If the person was not selected under the lottery system, or if the application is denied, then their status ends on the date of the notification and they must leave the U.S. to avoid overstaying their visas.  Those that were selected may remain in the U.S. and begin work on October 1. 

 



Advantages and Drawbacks For H-1B Visas?

One drawback of the H-1B Specialty Worker Visa is that the applicant’s spouse, H-4, cannot work.  On the other hand, unlike other non-immigrant visas, H-1B is considered a dual-purpose visa and does not have to show that the foreign national has the intent to depart the U.S.  In addition, because of the limited number of H-1B visa available annually, applicants are placed in a lottery system in which the computer will randomly select the application for review.  Although the number of applications is expected to be lower than previous years, the USCIS still expect that the number of H-1B applications to be higher than the number of visas available.  The USCIS will continue this lottery system until further notice.  Employers should be aware that the USCIS will reject the application, as well as issuing fines, if the employer files more than one application for any one potential employee.  The employee, however, may be sponsored by many employers on his own behalf; and thus, can have various applications by different employers. 



An initial H-1B has authorization to stay in the U.S. for 3 years and can be renewed once for a three-year period, totaling 6 years.  Within this period, the employer may file an I-140 immigrant petition for the employee. If the I-140 immigrant petition is approved and there employee has a pending adjustment of status application, the H-1B visa holder may file an annual extension to continue to work and remain in the U.S. 

Please see above.

Employers who wish to employ their H-1B on a permanent basis should file an immigrant petition for the employee as soon as applicable. It could take 3 to 4 years before the employer’s immigrant petition (I-140) is approved.  Once approved, the employees and their spouses may file for adjustment of status and obtain employment authorizations.

 



DISCLAIMER

Immigration Law is a vast area of law and requires an immigration attorney with years of experience to understand the intricacies of the Immigration & Nationality Law. Please contact the Houston H-1B Visa Attorneys and the Houston H1-B Specialty Worker Visa Lawyers to ensure proper documentations to show that the foreign national does not have the presumed “immigrant intent.”  Please call the one of our Houston Immigration Attorneys and the Spring Texas H-1B and H-2B Visa Immigration Lawyers at the Law Offices of Steven Tuan Pham today at 713-517-6645 or complete our Contact Form. At Veritas, you will have the opportunity to work directly with a Houston Immigration Attorney or a Houston H-1B Visa Lawyer.  Our attorneys are accessible and will always return your calls within 24 hours.