FredG
April 8th, 2004, 08:53 AM
good idea!
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Thursday, June 30, 2011
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let007live4ever
06-22 10:01 AM
Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?
Thanks
Thanks
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)
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eb2_mumbai
10-26 09:36 AM
Never seen any one asked for EVL for derivative at POE. Especially on AP. So you should be fine on that front. But You need to realize that you need to find a same / similar employment ASAP.
more...
mbartosik
04-08 04:40 PM
If we were able to get the 3 year visa rather than 1 year extensions, then the main problem that the BEC give us in a practical sense is that if we change jobs we loss our priority dates.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
ns521
12-22 09:32 AM
If the gap between arriving on B2 and converting to H1B was less than 3 months, there could be a problem with "intent" as H1 is considered a dual intent (temporary non-immigrant worker who may have the intention of applying for a permanent immigrant visa i.e., GC) visa while B2 is not. While filling up the B2 application, there is a question which we need to answer NO asking this very question. I assume your wife answered NO during the B2 process. So, with H1 in less than 3 months (if this is the case) or arrival, she has "lied" in her B2 application as per the immigration laws.
I may be wrong.Please consult an attorney if needed.
Where did you bring that number(3 months),is it listed on any USCIS websites?I've read somewhere 2 months,not 3 months...anybody knows?
Thanks
I may be wrong.Please consult an attorney if needed.
Where did you bring that number(3 months),is it listed on any USCIS websites?I've read somewhere 2 months,not 3 months...anybody knows?
Thanks
more...
asiulek
09-12 07:33 PM
I did work on J1 part time 19 hours a week on campus while I was a student but I did not mention it.
It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...
It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...
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JunRN
09-26 02:38 PM
That remains to be seen. Congress cannot act in a mere speculation that there will be spierce competition between EU and US on skilled labor. US still attracts a lot of foreign skills. Increasing the number is not always seen as a solution but streamlining is or efficiency in adjudication is.
Anothe problem is that US thought it is adding more into the work force everyyear by giving out immigrant visas (EB). This is wrong because most of the applicants are already in the workforce under H1B and their dependents. What EB visas do was to retain these foreign skills by giving them permanent residence status. Therefore, EB visas are there not to add into the workforce but to maintain the current workforce.
The real visas for adding into the workforce is the H1B, which is temporary and only 65,000 per year which in a week time was used up.
Anothe problem is that US thought it is adding more into the work force everyyear by giving out immigrant visas (EB). This is wrong because most of the applicants are already in the workforce under H1B and their dependents. What EB visas do was to retain these foreign skills by giving them permanent residence status. Therefore, EB visas are there not to add into the workforce but to maintain the current workforce.
The real visas for adding into the workforce is the H1B, which is temporary and only 65,000 per year which in a week time was used up.
more...
chinnailu
04-19 11:18 AM
What Ann said is correct. You can get stuck in Canada. Check this recent experience :H1B Visa stamping Experience 2010 in Canada. 19 days wait in Canada. (http://redbus2us.com/h1b-visa-stamping-experience-2010-in-canada-19-days-wait-in-canada/)
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whattodo21
04-20 01:31 PM
John McCain: Illegal Immigrants 'Intentionally Causing Accidents On The Freeway' (http://www.huffingtonpost.com/2010/04/20/john-mccains-strange-clai_n_544559.html)
more...
adcking
07-23 02:12 PM
Hi,
My wife filed her LC under EB3 with June 2003 priority date and I filed my LC under EB2 with Feb 2005 Prority date. Later, I had a job change, in the same company and had to re-do my LC/I-140 -- this time the LC was filed in Nov 2006. My lawyer requested retaining of my original Feb 2005 priority date.
Later when the floodgates opened in 2007, I filed for my I-485 (and my wife's) and a month later she filed her I-485 (based on her independent application and also added me as a spouse to that application).
So now we have the following situation.
1. We both have two A- numbers (Because I filed for her I-485 on my application and she filed for mine on her application)
2. We now have three different priority dates
Feb 14th 2005 � my original EB2 application
Nov 2006 � my EB2 re-application
June 2003 � my wife�s original EB3 application
Most people with Feb 2005 Priority dates have already received their Green Card approvals. I have not and we got concerned.
We contacted USCIS and they have told us that the file is "under review". We asked what Priority date are they using and the immigration officer said he cannot tell us that because the file is under review.
My questions are
1. How do I find out what priority date are they using?
2. What should I ask my lawyer to do to ensure that USCIS uses the right priority date?
3. I have an info-pass appointment on August 3 (my wife's appointment) -- what should I ask them? I went to them last week and got very little to no information. They did say my name check is complete and fingerprinting is complete, and that the case is sitting with an officer for review.
ADCKING
My wife filed her LC under EB3 with June 2003 priority date and I filed my LC under EB2 with Feb 2005 Prority date. Later, I had a job change, in the same company and had to re-do my LC/I-140 -- this time the LC was filed in Nov 2006. My lawyer requested retaining of my original Feb 2005 priority date.
Later when the floodgates opened in 2007, I filed for my I-485 (and my wife's) and a month later she filed her I-485 (based on her independent application and also added me as a spouse to that application).
So now we have the following situation.
1. We both have two A- numbers (Because I filed for her I-485 on my application and she filed for mine on her application)
2. We now have three different priority dates
Feb 14th 2005 � my original EB2 application
Nov 2006 � my EB2 re-application
June 2003 � my wife�s original EB3 application
Most people with Feb 2005 Priority dates have already received their Green Card approvals. I have not and we got concerned.
We contacted USCIS and they have told us that the file is "under review". We asked what Priority date are they using and the immigration officer said he cannot tell us that because the file is under review.
My questions are
1. How do I find out what priority date are they using?
2. What should I ask my lawyer to do to ensure that USCIS uses the right priority date?
3. I have an info-pass appointment on August 3 (my wife's appointment) -- what should I ask them? I went to them last week and got very little to no information. They did say my name check is complete and fingerprinting is complete, and that the case is sitting with an officer for review.
ADCKING
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Beta_mle
11-30 08:20 AM
Is there a link to the original source data, ie the government website referenced?
more...
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stnkycheezman
11-24 11:02 AM
Need a web designer
I'm looking for a web designer that could possibly help me redsign my website. I need him/her to be pretty familiar with Flash and animation.
Website will contain:
-photo gallery (photos provided)
-video clips (videos provided)
-community member profiles
-membership "join" form
-graphic effects
-guest book
-music/sound effects
-a lot of animation and graphic motion
The site will be formatted a little differently from normal sites, so be ready for a long explanation when you contact me. It's going to be a personal website and I have a fairly low budget. I need it to be $800 US or less. I'm fairly loose as far as a deadline is concerned. If you're interested, email me at stnkycheezman@hotmail.com. Hotmail has a tendency to block incoming email so you can also message me on AIM: stnkycheezman. If you'd like to take a look, my current website is OCFederation.com. Before I decide to hire you, you need to contact me so i can relay my ideas. You then need to make me a sample of the ideas that I give you, if I approve, you're hired. Before you continue, I should say that the task of fabricating my ideas will probably be a challenging one. This won't be an easy project, but if you can pull it off...it will be a good project to have in your portfolio.
Thanks,
Calvin
I'm looking for a web designer that could possibly help me redsign my website. I need him/her to be pretty familiar with Flash and animation.
Website will contain:
-photo gallery (photos provided)
-video clips (videos provided)
-community member profiles
-membership "join" form
-graphic effects
-guest book
-music/sound effects
-a lot of animation and graphic motion
The site will be formatted a little differently from normal sites, so be ready for a long explanation when you contact me. It's going to be a personal website and I have a fairly low budget. I need it to be $800 US or less. I'm fairly loose as far as a deadline is concerned. If you're interested, email me at stnkycheezman@hotmail.com. Hotmail has a tendency to block incoming email so you can also message me on AIM: stnkycheezman. If you'd like to take a look, my current website is OCFederation.com. Before I decide to hire you, you need to contact me so i can relay my ideas. You then need to make me a sample of the ideas that I give you, if I approve, you're hired. Before you continue, I should say that the task of fabricating my ideas will probably be a challenging one. This won't be an easy project, but if you can pull it off...it will be a good project to have in your portfolio.
Thanks,
Calvin
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nshantha
08-31 06:35 AM
Hi,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
My new EB2 I - 140 got approved with my old NIW-I-140 priority Date March 29th 2006 which is current for India now.
My I-485 (EB3) is pending throgh my spouse and I am the secondary applicant
Can I file another I-485 with my new I-140 (EB2) ?
Is there any way we can link my existing I-485 with my new I-140 (EB2)
Appreciate your suggestions.
My attorny is consfused with this situation and trying get mor information.
Thanks,
more...
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MTsoul
04-22 06:59 PM
That looks great! It looks like spongebob..
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JazzByTheBay
08-01 08:48 PM
You can call USCIS if you don't hear from them within 90 days of filing EAD. Many of you probably know this already, but I thought that was interesting... and may benefit those who didn't know this already.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
more...
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sideeque
02-05 09:58 PM
I tried it. They might wont ask new approval notice. You should show that and get the expiry date in I-94 as same as your latest I-797 Approval notice.
You don't need to stamp visa as its not expired.....
Have a nice trip to India.
You don't need to stamp visa as its not expired.....
Have a nice trip to India.
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cox
June 12th, 2005, 11:52 AM
From these shots, it looks like you made a good investment :)
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nortam1
07-17 10:48 PM
Alright all,
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
Celebrating the good news here.
Question: Did anybody receive confirmation about their AOS applications being returned after filling in early July (Say on the 2nd or 3rd)? I know there have been rumors about a few returned applications but I haven't actually found anyone in such situation + my attorneys confirmed today that USCIS specifically instructed not to return/reject them.
ImmigrationAnswerMan
06-29 10:04 PM
Tharu:
You can reply to the RFE exactly as you stated. That your wife and child are abroad and will be applying for visas at the U.S. post to accompany you, therefore they do not have A numbers or receipt numbers.
You must file I-824s for them if you have not already done so.
You can reply to the RFE exactly as you stated. That your wife and child are abroad and will be applying for visas at the U.S. post to accompany you, therefore they do not have A numbers or receipt numbers.
You must file I-824s for them if you have not already done so.
Queen_of_Sheeba
05-07 01:05 AM
help me with this guys: My employer applied for an H-1B under the Master's cap, but I've been RFE'd. I think this is cause the job is classified as only requiring a Bachelor's degree. If that is the case, would it be possible to withdraw my application and reapply under the regular cap? Is this a good idea? And am I right that there are tougher requirements for being accepted in the Master's cap than the regular cap?
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
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