new2gc
07-20 03:54 PM
Speaking of I-140, I have applied that along with I-485 during July 2007 and I got approval in mail (hard copy to my attorney) in Feb'09, but my online status still shows initial review.
Will this be of any issue later? Please advise if anyone had the same issue.
Will this be of any issue later? Please advise if anyone had the same issue.
wallpaper happy birthday greetings
somegchuh
04-04 05:24 PM
I think this thread is really good start. I think the inherent problem is not the fact that H1B is temporary and ppl want GC. Basic problem is ppl want the right to be able to work for who they want and they want the same for their spouses. This can be addressed by H1B reform also. But I think it will be an uphill battle because most businesses get captive employees by way of H1B visa and would be the real losers in case of a reform.
dealsnet
02-13 01:11 PM
Tourist visa is for tourism purpose only. You want advice to misuse the visa ?. 10 year multiple entry visa can be used number of times. But she stays more (like 6 month max) for each visit, after 2 such visit, within a small gap say 2-6 months, there is a chancce to blacklist her and may be allow for 1-2 months I-94, or deny her entry. They are smart to see the intension of people. They look for the pattern of visit.
2011 Happy Birthday Wishes Photos.
Iamthejuggler
03-29 01:24 PM
I am not the judggler!
more...
desi chala usa
08-26 12:35 PM
My PD is current since I filed the case, after waiting for almost 8 months I opened the S.R and got the letter back explaining...."We are actively working on your case, however your case under extended background check…blah..blah..blah…"
leveup
01-23 12:05 PM
I am glad to read it here.
more...
franklin
07-25 02:51 PM
http://immigrationvoice.org/forum/poll.php?do=showresults&pollid=115
This additional poll needs to have an option for "Just you" - someone needs to take my additional 1.5 GC applications!
This additional poll needs to have an option for "Just you" - someone needs to take my additional 1.5 GC applications!
2010 View picture Happy Birthday
hibworker
12-15 02:48 PM
Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
more...
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)
hair Happy Birthday Scraps
dano
05-05 10:37 AM
anobody? i really need your advice.
more...
ajm
04-13 09:08 PM
Friends,
I am in the 8th year of H1b and I have been juggling this idea of changing my job because of a sucking work environment. I have Eb3 labor(it was applied in eb3 even though my job required and i had the eb2 experience) approved and 140 approved so can I get 3 year extension by changing my job or do you suggest to first get 3 year extension and then change, in which case will I still get 3 year extension is the question.
Once you find a job, ask the new employer to apply for a 3 year extension based on the approved I-140 (the courtesy copy should be enough). You can retain the old priority date when you re-start the GC process with the new company (if the current employer maintains the LC/I-140: not sure what happens if either is revoked).
I am in the 8th year of H1b and I have been juggling this idea of changing my job because of a sucking work environment. I have Eb3 labor(it was applied in eb3 even though my job required and i had the eb2 experience) approved and 140 approved so can I get 3 year extension by changing my job or do you suggest to first get 3 year extension and then change, in which case will I still get 3 year extension is the question.
Once you find a job, ask the new employer to apply for a 3 year extension based on the approved I-140 (the courtesy copy should be enough). You can retain the old priority date when you re-start the GC process with the new company (if the current employer maintains the LC/I-140: not sure what happens if either is revoked).
hot hot Birthday Graphics And
sss9i
03-23 08:15 PM
Thank you
more...
house happy birthday wishes for
dbevis
February 14th, 2004, 05:51 PM
Photoshop - the Clone Stamp tool to the rescue...
...would you notice the editing if you didn't know about it?
It took me a while to even realise what you had done. There are three feathers that look alike on the lower neck, but I'd never known you did anything if you hadn't pointed it out.
Don
...would you notice the editing if you didn't know about it?
It took me a while to even realise what you had done. There are three feathers that look alike on the lower neck, but I'd never known you did anything if you hadn't pointed it out.
Don
tattoo happy birthday
gc_check
11-26 05:24 PM
Folks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
more...
pictures Birthday Graphics - Happy
sunny1000
09-13 02:23 AM
Great Work Lady and gentlemen!
Here is an inspirational song by Mavis Staples to go with it. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
Here is an inspirational song by Mavis Staples to go with it. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
dresses Birthday Greetings, scraps
san7887
06-29 05:31 PM
This is SAD, but what have to do with "Imigration Voice Issues and Congressional updates"? >
thats my exact question......???
thats my exact question......???
more...
makeup vector-greeting-card-happy-
like_watching_paint_dry
01-20 09:37 AM
If you're a lot of people and one fine Saturday eve, you get calls from more than one of 'm to go out than the hotter one is what's called a "pririty date".:D
Sorry. Couldn't help.
And since the immigration system here has got its act upside-down, the older the date is, the hotter it gets.. :D
Sorry. Couldn't help.
And since the immigration system here has got its act upside-down, the older the date is, the hotter it gets.. :D
girlfriend Figure lovely irthday
flipflop
08-28 01:39 PM
I believe filing CPT and working on CPT till EAD (if filed with 485) arrives in hand should not affect pending I-485 at all.
Can somebody else in this situation confirm this?
This should be quite a common issue.
Can somebody else in this situation confirm this?
This should be quite a common issue.
hairstyles Happy 50th irthday greetings
Circus123
10-26 07:16 PM
Thanks!!!
ivgclive
12-14 01:32 PM
Will the retrogression in Family Based have any consequences for the Employment based immigration?
Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.
Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.
pappu
01-15 09:57 PM
bumping
Thanks Anurakt. I will try to join in.
Thanks Anurakt. I will try to join in.
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