cnag
10-04 04:13 PM
How soon before the passport expiry can we go for the renewal?
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rabbitboy33
03-07 08:27 AM
My employer received my labor certification packet last week. However, other than a letter which states that my case has been certified, there was no other certificate/form.
The letter states that "Form 9089 ETA has been certified and is enclosed." However, there are NO other enclosures. Is this how it is usually? OR have they just forgotten to include the certificate/form.
Please help.
The letter states that "Form 9089 ETA has been certified and is enclosed." However, there are NO other enclosures. Is this how it is usually? OR have they just forgotten to include the certificate/form.
Please help.
eb3retro
11-05 05:18 PM
if you have applied in NSC, if you are not pushing it to move (through expedite SR or through local congressman etc), prepare to wait for close 120+ days. I am not kidding.
How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.
How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.
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CSPAmom
08-15 04:36 AM
Thank you, Krishnam70. I will get an attorney's assistance. If anyone knows a successful case, please let me know. Thanks!
more...
lazycis
01-18 08:21 AM
It's normal, the priority date is on I-140 approval for EB-AOS.
coopheal
07-09 08:03 AM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
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)
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kishdam
02-22 10:17 AM
Hi,
I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
(i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
(ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.
Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.
Any opinions?
Thanks.
I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
(i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
(ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.
Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.
Any opinions?
Thanks.
more...
tabletpc
11-12 10:48 AM
I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...??
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...??
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paskal
10-02 05:39 PM
Hi Guys,
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
more...
sixburgh
08-04 09:31 PM
I am also in a similar boat, see my thread at http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599399-sharing-experience-h1-stamping-in-india-while-485-pending.html
Can a lawyer please comment on this?
Does using an H1 stamp to re-enter USA create any issues with my pending 485?
I do have an AP in hand too.
I too am working for the same employer who are helping me keep my H1 while 485 is pending.
Can a lawyer please comment on this?
Does using an H1 stamp to re-enter USA create any issues with my pending 485?
I do have an AP in hand too.
I too am working for the same employer who are helping me keep my H1 while 485 is pending.
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masterfender
04-28 03:19 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
more...
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niklshah
09-16 02:52 PM
no u can not work on receipt, try to call USCIs and expedite the process, go to senators office they will help u in this matter also...
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lskreddy
07-01 10:48 AM
Yes & Yes
more...
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loudobbs
08-28 05:54 PM
My occupation code on the labor notice is 189167030 which is for 'program manager' but the description on the labor notice is Consultant which is for a different code 189167010.
Now I am confused.. which one is valid?????:confused::confused::confused::confused:
Now I am confused.. which one is valid?????:confused::confused::confused::confused:
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485Mbe4001
03-04 12:46 AM
Lets email and decide if we can meet someplace, hopefully we can jumpstart the chapter again.
Socal members,
Can we do that on some weekend..
Socal members,
Can we do that on some weekend..
more...
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am4gc
01-17 12:56 PM
WAC numbers means they are in california center. you can check the status typing this WAC number in
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=ciau4ahASQxb
https://egov.immigration.gov/cris/caseStatusSearchDisplay.do;jsessionid=ciau4ahASQxb
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milmuk
08-24 06:47 PM
Hello experts,
I work for a small company,which is holding my H1.Through this employer,
I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.
They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?
My details are as follows:
My details :
H1 - six year completion in Oct 2010.No H1 stamping on passport
EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
AP - valid till Dec 2010
Even though I had EAD, I never used it for employment.
I returned to US last month.I used AP at poe since I didn't have project.
Please advice.
Thanks
I work for a small company,which is holding my H1.Through this employer,
I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.
They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?
My details are as follows:
My details :
H1 - six year completion in Oct 2010.No H1 stamping on passport
EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
AP - valid till Dec 2010
Even though I had EAD, I never used it for employment.
I returned to US last month.I used AP at poe since I didn't have project.
Please advice.
Thanks
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rc123
11-04 09:17 AM
Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
gctoget
08-10 06:31 PM
bump
lostinbeta
10-06 01:10 AM
It's cool, did they help?