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imh1b

05-19 09:37 AM

The design is good. Has the cost of Greencard also gone up for new applicants?

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venepally_v

11-01 11:42 AM

I would like to attend this meeting. Could you please let me know the location.

Thanks,

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Anders �stberg

April 8th, 2004, 04:12 AM

Thanks for the suggestions Fred! I applied a bit more sharpening to the head, I think it's not so OOF looking now. I'll have a go at cloning out the twigs later, it looks a bit difficult but it could be fun trying.

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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)

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kamand

01-04 11:41 PM

Hi,

I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.

Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?

Please share your experience on this. Any advice will be greatly appreciated.

Thanks.

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sd1020

02-26 02:11 PM

I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

Thank you very much.

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LONGGCQUE

02-03 08:34 AM

^^^ BUMP^^^

I have same situation. Gurus please reply.

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eilsoe

04-18 04:08 AM

nice.. psychedelic :crazy:

you forgot the price though ;)

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plakshmi

08-30 10:07 AM

My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?

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tabletpc

07-30 01:23 PM

Get the DOL report before u take up the job. DOL will give the estimation for salary....!!!Use it and ask u r company attorney to file for the H1b now its self mentioning the start date as future date (when u r opt expires). Since u work for local government ...governments jobs don't come under H1b quota...so u can apply NOW.
if the DOL report comes out favorable...start the job and can look out for a better opportunity. Trust me u will find one when u have a back up job.
Good luck

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vhd999

10-07 05:18 PM

Thanks Raj.

Why do I need to be on H1B? I am currently on EAD.

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loti_GC

12-02 10:58 PM

I also had the LUD on my Oct. 2004 H1b case. Seems like they were doing something with 2004 h1b cases.

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waitingnwaiting

12-03 02:03 PM

I got laid off recently.

Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?

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thesparky007

04-24 05:36 PM

i like all them
good job butters

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mali03

05-09 11:39 AM

As long as we get heard......And we might be in the final edited version (very good chance) for a few minutes

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roseball

02-09 08:44 PM

My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.

You can go to this website and get all the needed info....

http://www.indiacgny.org/

Also, there were atleast 2 threads discussing PP renewals..You can do a search for those threads for renewal timelines...I think it takes them 2-3 weeks in NY Consulate to mail the new passport....You can go for tatkal service and get it issued the same day if you pay $90 extra....

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sri2007

05-05 10:14 PM

Gurus,

Pls advice

1. Does Employer still have any ways to revoke the I140 even after 180days crossed from the filling of I485, if Iam transfering my H1 to other company.

2. Also for new job if I were to get title such as Senior Software Engineer, or Data engineer wherein my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though responsibilities match in both the jobs.

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Munna Bhai

04-18 11:21 AM

Hi everyone,

I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?

Thanks and regards

45 day rule is not implemented yet.

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ras

04-12 07:27 PM

I don't remember the amount of fees submitted while filing I 485. However the filing was done after the July fiasco (Aug 2007). so whatever rates were applicable after Jul 2007 that must have been the fees that has been sent.

So in that scenario, is it just okay to send the AP application with out Fees?

How are you July Filers applying for AP? Are you sending in the check for the AP fees too?

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sreekanth

09-18 01:04 PM

Thanks for the clarification. I will gladly pay you $5.(If and after I get my Greencard):D

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uscisc

09-10 05:56 PM

You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.

But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.

In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.

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