rjgleason
February 1st, 2005, 08:36 AM
Juan Valdez drinks Costa Rican coffee.......:D
The best coffee in the world comes from CR......correct???
The best coffee in the world comes from CR......correct???
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rsayed
02-21 03:38 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
srh1
08-18 02:14 PM
Thanks abhisam for your reply..
The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.
I dont know what this means????
Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????
The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.
I dont know what this means????
Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????
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paskal
08-16 01:36 PM
/\/\/\/\
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kaisersose
08-08 09:44 AM
My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
askreddy
06-19 12:45 AM
Thanks CoopHeal.
Others Any suggestions?
Thanks
askreddy
Others Any suggestions?
Thanks
askreddy
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life99f
03-24 04:17 PM
Yes, I know that.
what I am not sure is whether I should wait till Oct 1 to start work in that company.
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
what I am not sure is whether I should wait till Oct 1 to start work in that company.
University H1B(non profit/govt org ) is quota exempt...
Others are within cap.
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justice4all
02-02 05:15 PM
Hello,
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!
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enigma
10-22 05:00 PM
I am in Austin, I got my FP done on 10/11 in San Antonio. It was a pleasant experience if you go early. My applicatoin was reached NSC on 2nd July. Got EAD, but no AP yet.
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Blog Feeds
08-12 09:50 AM
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)
more...
nk2006
04-14 08:38 AM
Yes that�s a good suggestion. We need more people than whose GC is stuck. One issue is motivating them. I was almost shocked to see the indifference of many immigrants � some of them who went through the same process very recently. I came here almost 10 years ago as a student and many of my friends got GC�s/citizenship (they had their own hassles but now its over). When I talk to them what is going on now � they simply express surprise over how/why I didn�t get it even now and forget it. But I don�t feel bad to remind them again to visit this site or something else and do something (sending faxes /talking to their employers / contributing money/ whatever they can). My point is � don�t expect an immediate action from any, even friends � especially if this does not affect them; but don�t let this discourage you. Engage them in a discussion � most of them already know the terminology like retrogession/140/485/labor etc � remind them their own process and how difficult it was and how finally there is a systematic effort to do something about it. I am sure at least some people will respond favorably.
There is so much momentum right now; if we miss this � we know the consequences.
There is so much momentum right now; if we miss this � we know the consequences.
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snathan
08-26 02:36 PM
Change the I140 to premium processing. If you are at your end of 6th year and if you have less than six month in your visa, you can apply for premium processing.
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pointlesswait
01-06 10:23 AM
just ask your attorney ..if its possible to move from EB to FB category.. you should get ur answer..
better to go get a paid consultaion with murthy..or someone else..
better to go get a paid consultaion with murthy..or someone else..
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miguy
08-27 11:29 AM
Friends,
Does anyone know if people who've filed for I-485 can claim unemployment insurance?......The client where I was working cancelled my project due to budget cuts :(....I was wondering if I can claim unemployment till I find a new job. Does any one know any non-desi companies hiring in the Michigan, Ohio, Illinois or Midwest in general?.....I am PMI certified Project Manager with J2EE background. Any prompt help would be highly appreciated.
Does anyone know if people who've filed for I-485 can claim unemployment insurance?......The client where I was working cancelled my project due to budget cuts :(....I was wondering if I can claim unemployment till I find a new job. Does any one know any non-desi companies hiring in the Michigan, Ohio, Illinois or Midwest in general?.....I am PMI certified Project Manager with J2EE background. Any prompt help would be highly appreciated.
more...
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perm2gc
11-30 10:09 PM
Hi,
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
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BumbleBee
03-30 03:28 AM
sorry to hear about your job loss. AP are supposed to be used during emergencies and it seems you are only planning for a week visit, seems perfect for AP use.
I have used AP many times, never had any problem, most recent visit being in Jan 2009.
H1B is having lot of problems in getting stamped and at POE, but I haven't heard anything like that for AP travelers. Just remember that if I485 is denied for whatever reason, AP also gets invalidated(Meaning out-of-country AP holders won't be able to return!!!!).
I would say go ahead travel on AP. How long can one put life on hold for GC. Its ridiculous.
File AC21 at the soonest to avoid getting denial.
Also check this thread for 'AOS pending and AP while out of country'. http://immigrationvoice.org/forum/showthread.php?p=330716#post330716 (http://immigrationvoice.org/forum/showthread.php?p=330716)
I have used AP many times, never had any problem, most recent visit being in Jan 2009.
H1B is having lot of problems in getting stamped and at POE, but I haven't heard anything like that for AP travelers. Just remember that if I485 is denied for whatever reason, AP also gets invalidated(Meaning out-of-country AP holders won't be able to return!!!!).
I would say go ahead travel on AP. How long can one put life on hold for GC. Its ridiculous.
File AC21 at the soonest to avoid getting denial.
Also check this thread for 'AOS pending and AP while out of country'. http://immigrationvoice.org/forum/showthread.php?p=330716#post330716 (http://immigrationvoice.org/forum/showthread.php?p=330716)
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Ann Ruben
04-23 06:54 PM
That could be viewed as remuneration for services thus meeting the USCIS definition of employment. At least theorhetically, this would violate your H-1 status.
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immi_enthu
08-10 06:38 PM
why the delay even in saying to wait for 90 days ?
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bayarea07
07-21 09:30 PM
A quick question for all you experts out there
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Can anyone please reply.
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Can anyone please reply.
tcsonly
10-02 06:06 PM
If you have a copy of filled-up I-131, look at question 5 in part 3 in the 2nd page. That will tell you where the AP document will be sent.
Admins:
Please close this thread also.
Admins:
Please close this thread also.
itsmesabby
10-14 09:58 AM
Can you please share which counslate did you go for your first H1-B stamping ? & what questions were asked.
I would really appreciate it.
Thanks
I would really appreciate it.
Thanks
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