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 PARTNERSHIP AGREEMENT DISPUTE LAWYERS


Experienced Houston Breach of Partnership Agreement Attorneys


Breach of Partnership Agreements



The vitality and profitability of our businesses depends on the cooperation and efforts of all members of a company, officers and board of directors of a corporations, and all partners in a partnerships. To this end, we enter into partnership contracts and agreements and rely on our business partners to act accordingly. Partnership agreements are intended to serve as a guideline on how we conduct our business with respect to our duties and obligation to the business and to other partners. When one party breaches the partnership agreement, actions must be taken immediately to preserve to viability of our businesses and to protect our interests, as well as those of other partners, members, and shareholders.

The Houston Partnership Contract Dispute Attorneys and the West Houston Breach of Partnership Agreement Lawyers at the Law Offices of Steven Tuan Pham are experienced business attorneys with over 50 years of combined business and business transactions expereince and over 10 years of combined legal experience in business drafting, contract reviews, and commercial litigation. Our Houston Partnership Dispute Attorneys and our Southwest Houston Partnership Contract Litigation Lawyers can assist you in reviewing and drafting Partnership Agreements, Operating Agreements for your LLC, or By Laws for your corporation. After consulting with our Houston Partnership Agreement Attorneys, you will have a better understanding of your rights and obligations under such contract or agreement, whether a party breached such contract, and what actions may be taken to protect your interest and to hold the alleged party liable for your damages and to those of the company or corporation. Please contact our West Houston Breach of Partnership Contract Lawyers and our Southwest Houston Partnership Agreement Attorneys at 713-517-6645.



Partnership Structures



Partnerships in Texas can be structured in more than one way. For example, a partnership can be a limited partnership or a limited liability partnership. The partnership agreement governing the partnership does not have to be filed with the Texas secretary of state, but with a limited partnership, the certificate of formation must be filed and with a Texas limited liability partnership, the entity must be registered with the secretary of state.

Partnership agreements address issues such as the term of the partnership, the amount of capital investment, how profits and losses are distributed, salaries, management duties, what happens upon the death of a partner, partner authority and how disputes are handled. Without a partnership agreement, a business is at risk for failure. It is imperative that business partners understand fully their individual rights and obligations regarding their business venture in order to settle disputes that arise in everyday business matters. In the absence of an agreement, the parties run the risk of allowing state law to dictate how your business runs. Don’t let this happen to your business!

Necessary Actions To Protect Your Business



If a partner breaches the agreement, resolution can be had through a suit for damages in the name of the business. In the event of breach of the agreement by a partner, the other partners can choose to allow the partner to stay a partner, expel the partner under the terms of the agreement, or file suit against him. In either of these options, the partners should seek advice of a competent Houston partnership agreement attorney at the Law Offices of Steven Tuan Pham who can set out a course of action designed to minimize further losses and seek damages against the offending partner.

Partnership agreements also deal with the issue of dissolution. Dissolution can occur when the partners decide to stop associating with each other or if there is a triggering event that changes the makeup of the partnership. Dissolution can also be the result of a breach of the partnership agreement. During the dissolution phase of the partnership, performance of contracts in which the partnership is a party continue as well as the payment of partnership debt obligations and the collection of outstanding debt owed to the partnership. The partners can decide to liquidate the partnership assets and distribute the assets according to the partnership agreement or, in the event the partnership is to continue under a different structure, a new partnership agreement can be drafted to reflect such change. The dissolution process in complete with the termination of the legal partnership entity. During the dissolution process, the partnership is still a viable entity and can be sued as well as continue to do business, but will not be able to enter into any other long term transactions.

If you believe that your business partner(s) have breached the partnership agreement, an investigation into the facts should begin immediately. Consulting with the Houston Partnership Agreement Lawyers and the West Houston Partnership Dispute Attorneys at the Law Offices of Steven Tuan Pham will enable you to preserve your business assets and profits throughout the process and quickly resolve the dispute in a quick and efficient manner with the least disruption to the business. In many cases, you may need to file suits as quickly as possible, including filing for a temeporary restraining order (TRO) and a temporary injunction, to preserve corporate documents from being destroyed. Further, because there is a great chance that the breaching partner(s) may further damage the business or create liabilities for all partners, a Court Apppointed Receiver may be requested to safeguard against further damages to your business. Contact the Houston Business Litigation Attorneys and the Southwest Houston Breach of Partnership Contract Lawyers Law Offices of Steven Tuan Pham today by calling 713-517-6645.




DISCLAIMER



Each breach of partnership agreement suit (breach of contract cause of action) 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 Breach of Partnership Agreement Attorneys and the West Houston Partnership Litigation 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 West Houston Partnership Dispute Attorneys and our Southwest Houston Partnership Agreement Litigation 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.