americandesi
04-11 04:20 PM
Guys
So, why is it no organization has tried this? or has this been tried before and failed..
This has been tried before by Rajiv Khanna and it was unsuccessful
http://immigrationvoice.org/forum/showpost.php?p=223206&postcount=111
So, why is it no organization has tried this? or has this been tried before and failed..
This has been tried before by Rajiv Khanna and it was unsuccessful
http://immigrationvoice.org/forum/showpost.php?p=223206&postcount=111
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bank_king2003
04-23 06:49 PM
Thanks aruben for your reply.
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
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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cardamon
08-30 10:35 PM
Thanks, gentlemen,
I'll e-mail my attoney and see how it goes.
I'll e-mail my attoney and see how it goes.
more...
grinch
06-24 06:18 PM
Thanks gh0st, appreciate that.
grimdeath
04-17 09:35 AM
Means you two have and 86% chance of makin' bacon.
In his dreams :lol:
In his dreams :lol:
more...
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tcdsarun
10-02 02:45 PM
My suggestion is consult with good lawyer without any delays. Lawyer knows better how to handle the case.
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Ann Ruben
02-01 09:25 PM
As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
more...
smrryl
01-07 09:19 AM
Hi,
I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.
1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
2. Had to visit india and need to go for stamping, how is mexico in my case?
3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?
Thanks in Advance.
smrryl
I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.
1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
2. Had to visit india and need to go for stamping, how is mexico in my case?
3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?
Thanks in Advance.
smrryl
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ujjvalkoul
10-04 12:18 PM
It will be better for u to renew ur H1 while here is US....and before ur current H1 expires...unless u want to go to india for some specific reason for 6 months..
Get it renewed via preium processing..should be done in 15-20 days...then book apptt for VISA in India and go get it stamped.
Get it renewed via preium processing..should be done in 15-20 days...then book apptt for VISA in India and go get it stamped.
more...
asdfred
06-08 11:18 PM
I do not think today is the day and tomorrow does not look any better..for Comprehensive Reform or Employment based reform..All we can do today here is just show some support to each other at IV
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rrajendra
08-10 03:44 PM
Should not be a problem, I have applied for H1B in Mumbai and got it stamped. I am orginally from Kerala...
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nixstor
09-15 09:43 PM
Rajiv Khanna www.immigration.com
Sheela Murthy www.murthy.com
Mathew Oh www.immigration-law.com
Sheela Murthy www.murthy.com
Mathew Oh www.immigration-law.com
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10dulkar
08-08 09:53 AM
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
That's our company policy(1 year bond of course)
BTW they did file after July17th.:o
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
That's our company policy(1 year bond of course)
BTW they did file after July17th.:o
more...
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gcformeornot
02-19 06:10 PM
__
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rajeevkaza
01-17 04:17 PM
Every attorney handles a case in different way. But sure your Bank statement reflecting a direct deposit will be a substitute for your paystub.
good luck.
RK
good luck.
RK
more...
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dan19
10-05 10:20 AM
I did it in Ottawa. At that time we could get the visa stamped the same day in Ottawa. Now I think we need to wait for one more day (2 days in all). But make sure you read the Consulate website before proceeding. Different consulates have slightly different procedures.
You have to book the dates for the interview online. Once the date is booked, the Consulate will send you a confirmation letter. You can apply for a Canadian Visitor visa showing this letter.
The Consulate has given a list of required documents. Carry all of them. Also try to get all documents listed on the Chennai consulate too (they have listed more documents), that way you are safe.
Since Canada is almost like the United States, you wont feel that you have reached a strange land. You just feel like you are in another US city!
Thanks for that information! How long did it take you to get it stamped? Did you have to book a date with the consulate there? Can you give me a little walk through?
Thanks again
Roshni
You have to book the dates for the interview online. Once the date is booked, the Consulate will send you a confirmation letter. You can apply for a Canadian Visitor visa showing this letter.
The Consulate has given a list of required documents. Carry all of them. Also try to get all documents listed on the Chennai consulate too (they have listed more documents), that way you are safe.
Since Canada is almost like the United States, you wont feel that you have reached a strange land. You just feel like you are in another US city!
Thanks for that information! How long did it take you to get it stamped? Did you have to book a date with the consulate there? Can you give me a little walk through?
Thanks again
Roshni
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tinku01
07-10 10:53 AM
Hi, I am trying for visitor visa for my mother and she can not attend interview in English. I have been trying to get interview date in Hindi but for the last 7 weeks,it has been showing no availabilty of visa date in Hindi although English dates are available.
Anybody can help us in this regard. We are trying at New Delhi consulate. :o
Anybody can help us in this regard. We are trying at New Delhi consulate. :o
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GC_SUCK
08-07 04:35 PM
On there are ppl who filed 485 (RD) in 2007 and got approved. I have no idea how they got approved.
chris82
05-28 12:45 PM
Hello,
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
clif
07-19 03:40 PM
The applications are traditionally processed in the order in which they are received and not by Priority Date.
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