GCBy3000
07-27 10:50 AM
People who are in US just for conversion rate can now think of this move. I USD = 39.4 INR, 1 Canadian $ = 37.xx. Not a big difference.
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Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
hoolahoous
08-24 02:06 AM
sfo counsulate charges a fee for endorsement. I recently travelled to India and carried old passport + new passport and PIO card without endoresement. no issues.
endoresment is needed only if you don't carry your old passport, but I guess you already know that carrying old passport is more beneficial than not carrying it.
endoresment is needed only if you don't carry your old passport, but I guess you already know that carrying old passport is more beneficial than not carrying it.
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austingc
04-30 03:05 PM
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
thank you wandmaker.
thank you wandmaker.
more...
godbless
01-17 10:28 AM
I think the ability to get an emergency 90 day EAD at the local field offices if they delayed more than 90 days is still there as it is there on the USCIS web page. No???
adhantari
06-16 04:22 PM
After all the L1 bashing that happenned in one of the other threads, I doubt if any L1 is going to divulge his/her status.
be a problem..... this is anonymous poll buddy..... :D
be a problem..... this is anonymous poll buddy..... :D
more...
softman
07-21 11:08 AM
Hi Softman,
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
Inthehole, can you be little bit elaborate, what job code you filled in AC21, how did you know that if you don’t have your Labor copy.
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
Inthehole, can you be little bit elaborate, what job code you filled in AC21, how did you know that if you don’t have your Labor copy.
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krishmunn
03-03 09:03 PM
For tax purposes you are resident of state where you reside. For best opinion you can check with the international students center at your school. It is not illegal to attend classes online if your school allows you the option. .
It is illegal to have all online classes on F1. On F1, you can take upto 3 credit online per semester, rest need to be in class.
If you are on H1/H4 etc., you can take all online class.
It is illegal to have all online classes on F1. On F1, you can take upto 3 credit online per semester, rest need to be in class.
If you are on H1/H4 etc., you can take all online class.
more...
Lukus
04-08 05:22 PM
dont forget Heavenly Ectheo ;)
and Kirupa, we're not using the stamps for anything profitable, I can't see how the bands would be offended at all :) No different to making my Avatar a Tool logo :)
And, shouldn't that apply to the Apple stamps too? :)
and Kirupa, we're not using the stamps for anything profitable, I can't see how the bands would be offended at all :) No different to making my Avatar a Tool logo :)
And, shouldn't that apply to the Apple stamps too? :)
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infofana
11-12 07:16 AM
I've received an answer in the WPF forum :
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/70e5bace-be65-422d-b4d7-7a4e7a866837
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/70e5bace-be65-422d-b4d7-7a4e7a866837
more...
Sakthisagar
04-16 11:11 AM
Good Read
http://www.nfap.com/pdf/1003h1b.pdf
http://www.nfap.com/pdf/1003h1b.pdf
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JazzByTheBay
09-11 10:39 PM
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
more...
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lacrossegc
12-11 08:17 PM
Cool Mr engineer !!
I'm in La crosse, WI...
Already signed up for recurring and $150 one time for Omni bus
Fellow WI-IV folks, please contribute ....
I'm in La crosse, WI...
Already signed up for recurring and $150 one time for Omni bus
Fellow WI-IV folks, please contribute ....
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I_need_GC
10-27 01:25 PM
We had filed AC21 for one our consultants it was $1000 atty fee, no filing fee
more...
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dealsnet
08-05 12:50 PM
Why you take lawyer's help for this simple thing. ?
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.
My lawyer sent my wife EAD renewal papers to VSC.
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????
Almost everybody renewed EAD/AP by themselves.
EAD/AP filings must go to your I-485 processing center.
I think, if the lawyer send to wrong center, it will redirect to the correct center, there will be a time delay for this.
My lawyer sent my wife EAD renewal papers to VSC.
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????
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MCQ
04-22 02:24 PM
Here is my interpertation,
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
more...
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immigration_confused
11-17 05:30 PM
Hi,
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
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Giles08
04-01 08:15 AM
zCool, Thanks a lot!
Last Status counts situation DOES NOT apply here.
That rule applies to situations where you've gone from h1b to h4 or ead etc..
In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
BUT you can ONLY work for 1 employer at a time..
Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..
Last Status counts situation DOES NOT apply here.
That rule applies to situations where you've gone from h1b to h4 or ead etc..
In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
BUT you can ONLY work for 1 employer at a time..
Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..
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sganny
03-01 12:46 AM
Hi,
I am on H1 visa and my wife is on H4. Our son was born here last summer with multiple complications, a few of them were life threatening as well. He is recovering well from multiple surgeries but still has issues that require constant medical attention. It is possible that I might be laid off soon and while I am searching hard to find a new job, it is possible that I might have to leave the country to avoid being out of status. With my son's current health condition, my preference is to stay here for some more years till he is completely out of the woods. I wanted to get expert advice from lawyers/members of IV as to what my options are? Will writing to my local senator and asking for a visa that will allow me to stay here even if I lose my job, an option? If so what visa would that be? I have another daughter who is on H4 as well. If we have to convert to b1/b2, is it straightforward and once on b1/b2, can I convert to H1 if I get another job? Are there provisions for parents to get green card based on a sick US citizen child?
Any help in this regard is highly appreciated.
I am on H1 visa and my wife is on H4. Our son was born here last summer with multiple complications, a few of them were life threatening as well. He is recovering well from multiple surgeries but still has issues that require constant medical attention. It is possible that I might be laid off soon and while I am searching hard to find a new job, it is possible that I might have to leave the country to avoid being out of status. With my son's current health condition, my preference is to stay here for some more years till he is completely out of the woods. I wanted to get expert advice from lawyers/members of IV as to what my options are? Will writing to my local senator and asking for a visa that will allow me to stay here even if I lose my job, an option? If so what visa would that be? I have another daughter who is on H4 as well. If we have to convert to b1/b2, is it straightforward and once on b1/b2, can I convert to H1 if I get another job? Are there provisions for parents to get green card based on a sick US citizen child?
Any help in this regard is highly appreciated.
krishna_brc
12-07 01:55 AM
yes you can use AP, when you transfer your H1B to new company.
Thankyou
Thankyou
ashwaghoshk
01-19 09:48 AM
1. Yes it is true that nurses and physical therapists dont need to undergo any labour certification process. They can file the I140 directly. The only thing that they need to do before filing an I140 is that the hospital in which they are working will have to post an internal ad for 10 days. The ad will display the nurse wage and other details. Once you are done with displaying it for 10 days they can file the I140 directly.
2. Nurse dont fall under H1B category. There is a specail category called T1 visa under which they fall. Since nurse degree is not at par with other graduation degrees like physical therapists they will not fall under H1. Irrespective of that, if the GC is filed for a nurse it will automatically go under the EB3 category.
PTs and nurses had a special provision in 2005 and 2006 where they were getting green card on arrival. It is called a Schedule A category which gave 50k visas to these medical professionals few years back. At that time the requirement for nurse and PT was quite high and that's what caused the Bush administration to introduce those 50k visas. These visa exhausted soon and since Oct 2006 this category is also retrogressed.
We dont know when the nurses and PTs will see the relief again; till then they continue to fall under the long EB3 queue.
Hope that helps
2. Nurse dont fall under H1B category. There is a specail category called T1 visa under which they fall. Since nurse degree is not at par with other graduation degrees like physical therapists they will not fall under H1. Irrespective of that, if the GC is filed for a nurse it will automatically go under the EB3 category.
PTs and nurses had a special provision in 2005 and 2006 where they were getting green card on arrival. It is called a Schedule A category which gave 50k visas to these medical professionals few years back. At that time the requirement for nurse and PT was quite high and that's what caused the Bush administration to introduce those 50k visas. These visa exhausted soon and since Oct 2006 this category is also retrogressed.
We dont know when the nurses and PTs will see the relief again; till then they continue to fall under the long EB3 queue.
Hope that helps
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