ras
10-26 10:46 AM
am in the same boat
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alex99
09-15 01:42 PM
please .....
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)
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starscream
06-06 10:29 AM
Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
more...
s416504
11-17 08:48 AM
Please Update your profile.
pthoko
07-16 01:08 PM
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
Yes, it resets out of status clock. --- Even if NO VISA stamping is done in CANADA???
Yes, it resets out of status clock.
___________________________
Not a legal advice.
Yes, it resets out of status clock. --- Even if NO VISA stamping is done in CANADA???
more...
desi_doc
09-25 09:46 PM
How did you apply for I485 with PD of Nov 07 ? I dont think Nov 07 was ever current.
I have similar PD Nov 07 EB2
I have similar PD Nov 07 EB2
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goldkey266
03-28 09:49 PM
Friends,
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
more...
superdude
07-20 12:23 AM
Just curious.
Who played what role in the reversal of USCIS/DOS decision?
Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?
May be all of the above had its unique impact on USCIS's decision to accept I-485?
Below article is just one example. There are many like this which mention about IV. IV hired a lobbying firm and work with different people for lobbying efforts. But the whole effort was lead by IV.
http://www.thedenverchannel.com/money/13712066/detail.html
Who played what role in the reversal of USCIS/DOS decision?
Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?
May be all of the above had its unique impact on USCIS's decision to accept I-485?
Below article is just one example. There are many like this which mention about IV. IV hired a lobbying firm and work with different people for lobbying efforts. But the whole effort was lead by IV.
http://www.thedenverchannel.com/money/13712066/detail.html
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golgappas
06-23 09:46 AM
Try Naresh Gehi - 7182635999
He is based in Queens - easily accessible from Manhattan too
He is based in Queens - easily accessible from Manhattan too
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zfgreencard
03-31 10:03 PM
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Blog Feeds
05-25 08:30 AM
As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
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la_guy
06-27 08:06 PM
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gcdreamer05
09-22 04:05 PM
I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.
But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.
All the best.
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.
But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.
All the best.
more...
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praveenuppaluri
03-11 11:49 AM
unless you have the new cut-off dates for April - they don't want to look at your thread (waste of their precious minute after waiting for many many years ofcourse)
eliminating dependents count for GC is wishful thinking and many pundits talked this issue over and over and yes, it will greatly help elimate backlog but just blogging wont get us anywhere.. people are so anxiously waiting for the April VB that any thread that doesn't give them the new dates are venting their frustations in giving reds.. may be they are the ones who are closer to their finish lines and waiting for the final push to get them greeeen
anyway, with yours in EB3-I mid 2004 and mine in EB2-I just started after 10 yrs in USA, this should help us stay little optimistic. I gave you a green for sharing some hope (however looooong shot it may be). Thanks
Folks,
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
eliminating dependents count for GC is wishful thinking and many pundits talked this issue over and over and yes, it will greatly help elimate backlog but just blogging wont get us anywhere.. people are so anxiously waiting for the April VB that any thread that doesn't give them the new dates are venting their frustations in giving reds.. may be they are the ones who are closer to their finish lines and waiting for the final push to get them greeeen
anyway, with yours in EB3-I mid 2004 and mine in EB2-I just started after 10 yrs in USA, this should help us stay little optimistic. I gave you a green for sharing some hope (however looooong shot it may be). Thanks
Folks,
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
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Blog Feeds
07-13 12:48 PM
DHS Leadership Journal Has Just Posted the Following:
I am extremely pleased to congratulate the crew of the cutter Bertholf for their first drug interdiction on one of our new national security cutters. This success demonstrates the capability of this important national security asset and directly supports the department's strategy for protecting and securing the southwest border.
The national security cutter program (http://www.uscg.mil/acquisition/NSC/) is a vital component of the Department's effort to rebuild the Coast Guard (http://www.uscg.mil/)'s fleet so that it can continue its proud history of executing important missions to support the nation's maritime security and safety while protecting our economic prosperity.
http://www.dhs.gov/journal/theblog/uploaded_images/TrainingOnBertholf-777201.jpg (http://www.dhs.gov/journal/theblog/uploaded_images/TrainingOnBertholf-777228.jpg)
Last week I visited the cutter Dallas in a shipyard in Charleston. The Dallas, and her sister ship Gallatin, are undergoing extensive work to repair major structural and machinery problems that are the result of their age and overuse. The national security cutter program will replace these 40-year old, Vietnam era vessels with modern, capable ships to secure America.
In Wednesday's seizure off the coast of Guatemala, the crew of the Bertholf disrupted four drug smuggling speedboats at the same time with their multiple pursuit boats and helicopter. The crew successfully captured two vessels and four suspects while disrupting the other two boats.
The continued renewal of the Coast Guard fleet and use of modern technology across the department is an indispensable part of our strategy to improve the ability of DHS to secure our nation and protect its citizens.
Janet NapolitanoPublished by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-3818099099399185818?l=www.dhs.gov%2Fjournal%2Flead ership
http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=GUt8s3_EEbk:o9WyoQJD7xA:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=GUt8s3_EEbk:o9WyoQJD7xA:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:F7 zBnMyn0Lo)
http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/GUt8s3_EEbk
More... (http://feedproxy.google.com/~r/DHS_LeadershipJournal/~3/GUt8s3_EEbk/national-security-cutter-program.html)
I am extremely pleased to congratulate the crew of the cutter Bertholf for their first drug interdiction on one of our new national security cutters. This success demonstrates the capability of this important national security asset and directly supports the department's strategy for protecting and securing the southwest border.
The national security cutter program (http://www.uscg.mil/acquisition/NSC/) is a vital component of the Department's effort to rebuild the Coast Guard (http://www.uscg.mil/)'s fleet so that it can continue its proud history of executing important missions to support the nation's maritime security and safety while protecting our economic prosperity.
http://www.dhs.gov/journal/theblog/uploaded_images/TrainingOnBertholf-777201.jpg (http://www.dhs.gov/journal/theblog/uploaded_images/TrainingOnBertholf-777228.jpg)
Last week I visited the cutter Dallas in a shipyard in Charleston. The Dallas, and her sister ship Gallatin, are undergoing extensive work to repair major structural and machinery problems that are the result of their age and overuse. The national security cutter program will replace these 40-year old, Vietnam era vessels with modern, capable ships to secure America.
In Wednesday's seizure off the coast of Guatemala, the crew of the Bertholf disrupted four drug smuggling speedboats at the same time with their multiple pursuit boats and helicopter. The crew successfully captured two vessels and four suspects while disrupting the other two boats.
The continued renewal of the Coast Guard fleet and use of modern technology across the department is an indispensable part of our strategy to improve the ability of DHS to secure our nation and protect its citizens.
Janet NapolitanoPublished by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-3818099099399185818?l=www.dhs.gov%2Fjournal%2Flead ership
http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=GUt8s3_EEbk:o9WyoQJD7xA:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=GUt8s3_EEbk:o9WyoQJD7xA:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:F7 zBnMyn0Lo)
http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/GUt8s3_EEbk
More... (http://feedproxy.google.com/~r/DHS_LeadershipJournal/~3/GUt8s3_EEbk/national-security-cutter-program.html)
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Blog Feeds
08-03 12:50 PM
Government officials as well as immigration lawyers have been implicated in several recent corruption cases. Here are some of the cases that have made news in the last few days: USDOJ announced a ICE official was sentenced in a kickback scheme involving a confidential informant in an alien smuggling investigation. A former official at the US Consulate in Toronto was sentenced to a year in prison for a scheme where visas were expedited in exchange for gifts and trips with exotic dancers. A Utah lawyer stands accused of massive fraud in securing H-2B visas for ineligible workers. A Beverly Hills...
More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)
More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)
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little_willy
07-22 05:21 AM
Yes. This can be done when applying for I-485. I don't know why, but couple of lawyers I spoke with, recommended this route.
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aaren253
02-19 02:50 AM
I am 15 years old travelling alone on American Airlines from Toronto YYZ, Canada to Delhi, India via Chicago ORD. Will there be any problems for a 15 year old travelling alone.
toosunneo
02-02 11:01 AM
You are right. The attorney thought that my sixth year ended in August 2010. Glad I don't have to travel outside of US. Thanks for the response.
amolraj
09-20 12:19 AM
Hi,
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
Appreciate your replies. Thanks so much.
AmolRaj
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
Appreciate your replies. Thanks so much.
AmolRaj
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