panky72
06-24 04:51 PM
A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.
I can't find the document, but he swears that he read it..
Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.
I can't find the document, but he swears that he read it..
Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.
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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)
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)
rajuseattle
06-04 12:46 PM
shruthi07,
Which state you are working in? If USCIS thinks Nebraska Service centre has the jurisdication for your I-485 based on Job location then their is nothing to worry.
Maybe your PD is current and USCIS wants to complete processing of your I-485.
I am in the same situation, my I-140 was approved from TSC about 3 months back in March 2008, and I-485 pending at NSC since august 2007. I work out of WA state.
Which state you are working in? If USCIS thinks Nebraska Service centre has the jurisdication for your I-485 based on Job location then their is nothing to worry.
Maybe your PD is current and USCIS wants to complete processing of your I-485.
I am in the same situation, my I-140 was approved from TSC about 3 months back in March 2008, and I-485 pending at NSC since august 2007. I work out of WA state.
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zwswim
01-26 12:55 PM
I am in H1b and my wife is a F1 student. Both of us are chinese.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
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/)
cr52401
03-02 09:29 PM
It really help if you are close to end of the time. I got it in 2 weeks.
more...
nozerd
05-02 09:38 AM
Check out this website. It has all the details you need
http://www.cic.gc.ca/english/newcomer/res-oblig.html
if you click on the appropriate link it defines what a Canadian business should be.
Hope this helps.
http://www.cic.gc.ca/english/newcomer/res-oblig.html
if you click on the appropriate link it defines what a Canadian business should be.
Hope this helps.
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AmericanDreamZ
10-02 04:26 PM
Hi Friends,
If Forom G-28 is signed while applying for EAD and AP,
who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...
Regards,
Alex
Hi Alex
There is another thread with the same question. You may have not found that because of the incomplete title thread. Here is the thread
http://immigrationvoice.org/forum/showthread.php?t=14022
-AD
If Forom G-28 is signed while applying for EAD and AP,
who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...
Regards,
Alex
Hi Alex
There is another thread with the same question. You may have not found that because of the incomplete title thread. Here is the thread
http://immigrationvoice.org/forum/showthread.php?t=14022
-AD
more...
FinalGC
02-24 09:08 AM
My wife is studying for Nursing and hence I know the anser. Either General Nursing or BSN will allow you to give the RN exam. However, before that have your crendtials evaluated by www.wes.org, so that an US equivalency is established. Based on that you can apply for the RN exam.
General Nursing is equivalent to an Associate in Nursing. For future promitions, BSN is better.
General Nursing is equivalent to an Associate in Nursing. For future promitions, BSN is better.
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rs_nyuser
12-14 08:13 PM
Gurus
Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.
She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.
Please help.
Thanks in advance.
Can someone please guide me in right direction. We have received a RFE on my wife's 485 petition. Officer has directed to submit all the stamped pages of passports. All approved visas and all I-94 copies ever since she has been here (about 8 years). My wife went to India earlier 2-3 times and got the visa stamped there based on my H1B. We never applied for H4 until last(recent) 3 years and hence have no copies of I-94 with us. Will it be a big problem. Has someone faced the same RFE any help will be appreciated.
She has always been on H4. When she first came to us we got it stamped in india based on my H1B and similarly when she went back to india 1 yr. down the line, we had it stamped based my renewed H1B again. but i do not happen to have copy of her I-94 from her those two entries to us. since we never file a H4 petition for her in us i do not have any visa copy either.
Please help.
Thanks in advance.
more...
kumarc123
08-26 10:11 AM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
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mheggade
07-25 01:47 PM
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gc??
04-22 01:39 PM
I went for my AOS interview, everything seemed ok, officer said everything looks ok and he doesnt see any reason why i should not be approved, he however said that he needs to get the FBI clearance background check and that i should get my conditional PR card in the mail, he then stamped on my entrance visa " Cancelled without Prejudice" stamp, I am worried, what does this mean? The word cancel and everything ok does not seem right. Can someone help me please?
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ssdtm
11-06 02:14 PM
If you are lucky, your 485 case may continue without issues for next 1 year. (this is a high possibility). After 1 yr, once you come back, there may not be any issues if there is no RFE / Interview.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
Problem with 485 may arise later if there is RFE / Interview and you are asked for paystubs/W2 for this period.
There is certainly some risk involved to your 485. Given that RFE / Interview comes for only a small percentage, this risk is not very high. Also, RFE / Interview doesn't necessarily collapses your case, but this will be a sticky wicket in that case.
more...
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nshabana
10-02 04:25 PM
Good luck
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imconfused
09-19 04:25 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
more...
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Dipika
03-26 05:06 PM
i'm in same situation. Lawyer said filing I-130 is not considered as another GC application. it's just petition and doesn't affect EB processing. even we don't need to mention it in EB I-485. both are seperate things.
EB3 is very slow so batter you file I-130.
i filed I-130 in May 2006 and EB2 i-485 in Dec 2004. still waiting :(
EB3 is very slow so batter you file I-130.
i filed I-130 in May 2006 and EB2 i-485 in Dec 2004. still waiting :(
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clifford
02-02 06:06 PM
Thank you for replying. My Apr 2008 EB3 PD is so deep in the pit that I better take chances to apply again in EB2 .
Regards,
Clifford
Regards,
Clifford
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belmontboy
07-23 06:05 PM
Hello belmontboy,
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
corrected. Thanks for pointing out.
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
corrected. Thanks for pointing out.
spicy_guy
10-29 05:37 PM
What is I148?:confused:
LOL! Does he mean I-485?
LOL! Does he mean I-485?
battineni
06-09 10:46 AM
Really good work by IV team
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