jsb
01-09 03:40 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
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sbabunle
01-11 12:07 PM
I think you should be okay. I have like 5 H1Bs ( with all the extensions). My first name has 2 words and my last name is two words. On each h1b its different. I never had any problems in stamping so far. One I stamped from India, once mexico, couple times from DC ( this service is closed now).
Good luck.
Good luck.
meridiani.planum
07-07 11:43 PM
I'm from Bangldesh
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
renew it. However there is no need to file H1 renewal right now, you can wait and file it even a few days before its expiry, and continue working while the renewal is pending. So plan on renewing, but dont file till Sept 2008 in case you get an approval before that.
EB3
My PD is may 2006
I already received my EAD, AP
even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....
Please advice me gurus....
renew it. However there is no need to file H1 renewal right now, you can wait and file it even a few days before its expiry, and continue working while the renewal is pending. So plan on renewing, but dont file till Sept 2008 in case you get an approval before that.
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virtual55
03-04 01:19 PM
Hi All,
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
more...
hebbar77
03-15 11:38 PM
gc28262 : Thanks million times. I cant describe in words how much that info helps!
No wonder your green dots overflow the line!
No wonder your green dots overflow the line!
seeking_GC
05-15 08:01 PM
This is great news- has it already been introduced in the house? What are the next steps?
more...
aaren253
02-19 02:52 AM
Johnny, you must have a passport. I also suggest that you carry a notarized letter signed by both of your parents that you have their permission to make this journey.
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newh1user
01-22 05:27 PM
thanks for your response, I think i have given all the information which lawyer required and hopefully everything will be through but just having fear with us rules
more...
lostinbeta
10-22 12:09 PM
I get it :)
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milind70
10-08 12:35 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
more...
Tigran78
03-11 03:12 PM
Thanks for replying i am really appreciated I know about GC but it will take about 8 month.
I will start process soon.
But I want this happen earlier.
I need some advice what i can do to convince US embassy to approve her visa for now.
I will start process soon.
But I want this happen earlier.
I need some advice what i can do to convince US embassy to approve her visa for now.
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Dalai Lama
01-17 01:04 PM
Thank you all for your answers.
NOW, when can we file I-485, may be in Febraury 07.
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NOW, when can we file I-485, may be in Febraury 07.
I miss Tibbet
Dalai Lama from Tibbet.
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sanjay02
06-01 01:26 AM
Bumping it.....
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PHANI_TAVVALA
08-20 04:17 PM
Your wife can start school pending H4 to F1 COS but you cannot change to F2 until her F1 is approved. It is much easier for you to apply F1-COS and simultaneously apply F2 for your wife but the caveat with this is your F1 might not be approved as USCIS expects you to maintain status until you get their decision which in this case you won't.
more...
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amslonewolf
11-01 03:59 PM
I think you should send a copy of the 485 Receipt notice.. This is a classic, Right hand not knowing what the left hand does situation with USCIS..
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
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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)
more...
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patricia
01-28 02:47 AM
Informative response sparked a few new questions : Why would one have to start Isonazid if the chest x-ray is negative? Is latent TB akin to being a carrier of HIV waiting to see if AIDS develops? What happens if I am ever exposed to TB again? Did the infected person have an active TB infection?
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hari-patti
10-11 09:41 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
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nomad
09-13 01:44 AM
Great work Chandu and team!
Thanks to Puneet and Tanya for providing fodder for this final video presentation
http://www.youtube.com/watch?v=B-MtK_rQ1zk
B-MtK_rQ1zk
Thanks to Puneet and Tanya for providing fodder for this final video presentation
http://www.youtube.com/watch?v=B-MtK_rQ1zk
B-MtK_rQ1zk
rameshvaid
04-23 12:24 PM
Go to the web site http://www.cic.gc.ca/english/index.asp and review your different options.
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
Just go on their website down load form and send it to them. Do not need any attorney. Point sytem should be the best option for you. Filling up the forms are pretty simple.
Ramesh
You can immigrate base dupon family sponsorship, employment or just the point system without employment.
I qualified by point system without employment offer. You can take the test on line for free to see if you qualify by the point system.
Best of Luck
Just go on their website down load form and send it to them. Do not need any attorney. Point sytem should be the best option for you. Filling up the forms are pretty simple.
Ramesh
satishku_2000
06-18 01:31 AM
my company lawyer did not ask for any tax returns or w2 forms .. Should they be submitted as part of "initial evidence"
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