k2006
08-22 12:44 PM
It is not clear to me why there is inconsistency on whatever they reply for the processing of NSC-->CSC-->NSC cases. Sometime I hear NSC mentions that these transfer cases would be processed based on CSC processing date (which doen't make sense because CSC stopped processing of I-485 caes, so how CSC processing date would move and the transferred case is waiting in NSC not in CSC) and sometime I hear NSC mentions those cases would be processed based on NSC processing date. Which one is actually true ?
I am wondering so far have we seen any approval from NSC for NSC-->CSC-->NSC transferred cases whose processing date RD/ND falls in 2007 (after the 2006 processing date of CSC).
I am wondering so far have we seen any approval from NSC for NSC-->CSC-->NSC transferred cases whose processing date RD/ND falls in 2007 (after the 2006 processing date of CSC).
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theshiningsun
06-30 11:12 AM
i live in Dublin OH.
i am planning to meet the senators after 4th of july w.r.t the IV action item at http://immigrationvoice.org/forum/news-articles-reports/97274-grim-future-awaits-legal-immigrants-pull-up-your-socks.html
i want to try and get ppl around to this.
does the OH state chapter hv any plans to take this up?
thx in advance,
i am planning to meet the senators after 4th of july w.r.t the IV action item at http://immigrationvoice.org/forum/news-articles-reports/97274-grim-future-awaits-legal-immigrants-pull-up-your-socks.html
i want to try and get ppl around to this.
does the OH state chapter hv any plans to take this up?
thx in advance,
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)
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snathan
01-11 02:34 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
more...
apb
10-01 02:39 PM
My friend had applied for GC through B (never worked, PD-2004/EB2, 140 approved and 485 more than 6 months) and he was continuing with company A on H1B.
Company A was laying him off. He tried to go to company B. But Company B was getting folded.
He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.
Now the best part. HE GOT GC last month.
Company A was laying him off. He tried to go to company B. But Company B was getting folded.
He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.
Now the best part. HE GOT GC last month.
cjain
09-12 02:56 PM
http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560
more...
MerciesOfInjustices
03-21 05:23 PM
Wow, this is very compelling information! Thanks for making it available. Wish everyone reads it and finds out what we are fighting!
No wonder the IV Core group has to keep strategies closely guarded secrets!
No wonder the IV Core group has to keep strategies closely guarded secrets!
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Blog Feeds
07-29 05:30 PM
It has become quite a hassle to obtain a California state driver's license or state identification card ("ID") when you are a non-immigrant such as in F, M, or J status (students, students in vocational schools, cultural exchange students). Recently Immigration Customs and Enforcement issued a fact sheet on applying for a driver's license or ID card for non immigrants in F, M or J status. (http://www.californiaimmigrationlawyerblog.com/Applying%20for%20a%20Driver%27s%20License.pdf). The fact sheet is helpful as it provides basic information on how to apply for a driver's license or ID card. It is not state specific but it does list all of the websites for all of the Department of Motor Vehicle offices in the United States.
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
The steps in applying for a driver's license or ID card in California are listed on the California Department of Motor Vehicles website (http://www.dmv.ca.gov/dl/checklists/id.htm). You must do the following in this order:
Obtain a Social Security number
Complete a Driver License or Identification Card Application
Present an acceptable birth date/legal presence document
Pay the application fee
In order to obtain a Social Security number, you must go to a local Social Security office. You may find out more about the process on the Social Security Administration's website (http://www.ssa.gov/ssnumber/). For those in F, M, and J status, you will find additional guidance by reviewing Social Security's electronic fact sheet, "Social Security numbers for non-citizens. (http://www.ssa.gov/pubs/10096.html#3)"
The fact sheet issued by ICE is useful because it provides an email address to use in case the DMV does not issue the driver's license or identification card. It has been difficult in the past to get the immigration authorities to communicate with the DMV about a person's immigration status. In the fact sheet, ICE promises a one-to-two day turn around once they receive a request for information as to why a student's ID or driver's license was not issued. This is great news as students have suffered a great deal of frustration in the past waiting for the agencies to communicate with one another.
More... (http://www.californiaimmigrationlawyerblog.com/2009/07/how_to_apply_for_a_california_1.html)
more...
Charleh
01-16 09:34 AM
Fixed it - found that I had set something to be slightly bigger than the parent control visible area and the animation wouldn't play. As long as the control doesn't overlap the parent area I'm OK!
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vikki76
04-17 09:30 PM
I have made lot of one-time donations in past. Wouldn't mind to upgrade to donor status- what are the steps ?
more...
sideeque
05-24 01:51 AM
I have already posted there.
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kramac01
09-25 12:42 PM
Hi all,
I have a Question?
Anybody whose LUD is not updated but received the EAD card directly in mail?
Please respond.
Thanks.
I have a Question?
Anybody whose LUD is not updated but received the EAD card directly in mail?
Please respond.
Thanks.
more...
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qualified_trash
01-02 07:42 PM
does not seem to be very friendly now !!
http://tinyurl.com/ylnubu
http://tinyurl.com/ylnubu
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golgappa
08-19 02:03 PM
Thanks for your reply..
You mean the FedEx delivery receipt, or the USCIS Receipt..
You mean the FedEx delivery receipt, or the USCIS Receipt..
more...
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battineni
06-09 10:46 AM
Really good work by IV team
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cnag
10-04 04:13 PM
How soon before the passport expiry can we go for the renewal?
more...
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puddonhead
02-28 02:25 PM
It is irrelevant whether you are in L1b/H1/F1/"Visitor Visa" or even outside the US.
If you have worked for the sponsoring employer outside the USA for 1 year within the last 3 years in an executive capacity - you can apply in EB1.
If you are not sure if your job qualified for "executive capacity" - then it probably didn't. But maybe you should still speak with your lawyer and double check.
If you have worked for the sponsoring employer outside the USA for 1 year within the last 3 years in an executive capacity - you can apply in EB1.
If you are not sure if your job qualified for "executive capacity" - then it probably didn't. But maybe you should still speak with your lawyer and double check.
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gc_in_30_yrs
07-27 04:20 PM
Hi, I know this question is being asked by many people. I am sorry, but still confused. My situation is:
EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied
EB2 - Labor filed - Nov, 2005, Approved, I-140 filed - Mar 2006 - Approved.
Can I continue using EB3, once Labor Approved anbd I-140 Approved, can I use that PD to my EB2? The job description is definately different on EB3 and EB2. Still can I use the EB3 PD on to EB2?
Gurus, Please advise.
Thanks.
EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied
EB2 - Labor filed - Nov, 2005, Approved, I-140 filed - Mar 2006 - Approved.
Can I continue using EB3, once Labor Approved anbd I-140 Approved, can I use that PD to my EB2? The job description is definately different on EB3 and EB2. Still can I use the EB3 PD on to EB2?
Gurus, Please advise.
Thanks.
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seahawks
07-07 09:45 PM
My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.
well if it is current you wont get it for 3 years, however I know AOS is unavailable, you if you apply before OCT you should be fine. once visa bulletin for OCT come out if you become current then if you file for 3 year, you will only get for 1 year
well if it is current you wont get it for 3 years, however I know AOS is unavailable, you if you apply before OCT you should be fine. once visa bulletin for OCT come out if you become current then if you file for 3 year, you will only get for 1 year
gcseeker2002
02-07 05:52 PM
Thanks for the information
Please boycott these countries that ask for transit visa, they need to be taught a lesson the hard way, fly nonstop or through friendly countries.
Please boycott these countries that ask for transit visa, they need to be taught a lesson the hard way, fly nonstop or through friendly countries.
desi3933
05-14 10:12 AM
Hi,
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
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