martinvisalaw
10-06 05:48 PM
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.
No. There is still the 6-year limit, unless the H-1B holder has reached a certain stage of the permanent residence process.
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cbpds
08-07 03:31 AM
Nothing to worry, you have made no mistake, thats the way it appears
all the best
Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
all the best
Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
imm_check
08-22 01:18 PM
It is a case to sign in native language...
Your question is not clear.
did you forget to sign the G-325A form where it says "Sign here"
OR
did you forget to write your name in native alphabet?
In first case, it will be considered improperly filed and chances are it will be rejected.
In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.
I hope it is the second case .
Your question is not clear.
did you forget to sign the G-325A form where it says "Sign here"
OR
did you forget to write your name in native alphabet?
In first case, it will be considered improperly filed and chances are it will be rejected.
In second case, even if your native language is other than English, the person who does initial review will not know that and it will be accepted and processed.
I hope it is the second case .
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spicy_guy
07-12 04:12 PM
Congrats, EB I guys.
We poor EB I guys need to shutter!!
We poor EB I guys need to shutter!!
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)
gc4vk
12-13 02:48 PM
Hello,
My wife is currently working on H1B, she was offer permanent position at the client she is working, she has to get on to EAD to take permanent position.
both my wife and myself got EAD's in Oct 07, my question is does she has to invoke AC21 to get on to EAD.
I am the primary candidate for our GC Process.
Thanks in Advance
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
My wife is currently working on H1B, she was offer permanent position at the client she is working, she has to get on to EAD to take permanent position.
both my wife and myself got EAD's in Oct 07, my question is does she has to invoke AC21 to get on to EAD.
I am the primary candidate for our GC Process.
Thanks in Advance
Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07
more...
amitjoey
04-05 04:11 PM
I did not notice this thread, I am from Sacramento, CA
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ski_dude12
07-13 01:14 PM
Another substitute case...
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
more...
skd
11-13 02:04 PM
I have same question
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gcgonewild
02-13 05:38 PM
My colleague's spouse was detained and questioned for 2 hours at EWR.
If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.
This is getting way too far..
If they have a beef with H1s, they should take it with H1s.
If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.
This is getting way too far..
If they have a beef with H1s, they should take it with H1s.
more...
uppaji
04-05 04:17 PM
And provided their offices information about retrogression and IV. They aeemed to be very familiar with this issue.
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hsingh82
07-14 04:05 PM
Can she open a business on H4 and won't need B1/B2 (I read somewhere that Canadian citizens generally come on B1/B2 to establish a business and then apply for E2)? Let's take an example, we invest 50K into a business and which employs 5-6 US citizens and also buys raw material/products from US suppliers with profit generated is 3K per month, will that be OK? Also, since she is on H4 and I am on H1 and none of us can work for the business how do we set it up?
more...
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bigboy007
11-17 06:22 PM
I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
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neeidd
08-05 12:20 PM
We will not see any approvals unless we act togther and campaign for our cause. Please join us. More details at
http://immigrationvoice.org/forum/showthread.php?t=20657
The thread you linked for I-140 delays. I am asking about I-485 approvals :)
http://immigrationvoice.org/forum/showthread.php?t=20657
The thread you linked for I-140 delays. I am asking about I-485 approvals :)
more...
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gconmymind
04-21 10:52 AM
You should be getting paid >= the salary mentioned on your H1B labor. GC is for future employment and the GC labor salary could be different from your H1B labor salary.
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same_old_guy
07-09 06:00 PM
AILA update :
AILF's Legal Action Center Seeks Plaintiffs on EB Visa Number Availability
Issue (Updated 7/9/07)
What's cooking ?
AILF's Legal Action Center Seeks Plaintiffs on EB Visa Number Availability
Issue (Updated 7/9/07)
What's cooking ?
more...
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krishgreen
01-11 10:48 PM
I don't have answer to your first question. But, I went to Matamoros, Mexico in May 2010 for visa stamping. I wouldn't suggest going to Mexico if you don't have a letter from Client specifying your role on the project with project duration. I was grilled for about 20mins even though I had client letter, w2's for last 5 years. I had to stay overnight in Mexico as they have problems with their printers and could notget the visa printing done the same day. Be prepared to stay in Mexico a day or two incase if you face the same situation.
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milind70
09-27 08:01 AM
Hi,
I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
My major concerns are:
1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
Is it advisable.
OR
2. Do I have an option of getting my FingerPrint done at any consulate in India.
Any help would be appreciated.
Thanks
Option 1
I am not sure that you would be allowed to do finger printing at American consulate in India.
I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
My major concerns are:
1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
Is it advisable.
OR
2. Do I have an option of getting my FingerPrint done at any consulate in India.
Any help would be appreciated.
Thanks
Option 1
I am not sure that you would be allowed to do finger printing at American consulate in India.
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ajju
10-12 03:50 PM
So that means it starts prior to Dec'9th for my case..????
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
humsuplou
07-02 05:40 PM
Tnks for the quick response. a couple more questions :D
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
solaris27
06-05 04:41 PM
Just want to know that is there any law
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
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