srikondoji
04-11 09:37 PM
Why are they in trouble?
They should be happy instead. Let me know...
if that is true. then some ppl i know are in trouble. Where did you find this information....
They should be happy instead. Let me know...
if that is true. then some ppl i know are in trouble. Where did you find this information....
wallpaper Now, there were a few hard
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)
eb2_mumbai
10-26 09:36 AM
Never seen any one asked for EVL for derivative at POE. Especially on AP. So you should be fine on that front. But You need to realize that you need to find a same / similar employment ASAP.
2011 Glenn annual calendar (prior
mik
06-13 05:16 PM
Hi,
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
more...
ash0210
03-28 02:34 PM
Also, if at all we are supposed to call, at what time? CST/EST?
Core Team please advice.
Core Team please advice.
sumansk
11-29 12:25 PM
Thank you guys..I will let him know not to worry too much about and rather take the steps to correct it.
Thanks
Thanks
more...
raj2007
02-17 11:23 PM
But what about extension based on appeal
You can file extension based on labor. are you in eb2 0r eb3?
You can file extension based on labor. are you in eb2 0r eb3?
2010 (8) YouTube - Tanya Tucker
gcpool
04-19 05:27 AM
I dont think we are doing any wrong here. I think it helps people. People can search who are the H1B and GC sponsoring companies. You can search about lawyers who have filed H1B and Green Cards.
more...
perm2gc
05-27 10:33 PM
I am stuck in PBEC. Please let me know if you need any information.
please contact pdakwala at the number he mentioned in the thread.
please contact pdakwala at the number he mentioned in the thread.
hair quot;\\\\GOD BLESS GLENN BECK amp; THE
Ann Ruben
05-14 04:27 PM
The most important issue is to insure that any USCIS notices come directly to you. If the RFE was sent to your address, that is a good sign. Technically, the G-28 is only for your legal representative, though sending one in as advised above would do no harm. You might also, or instead, send a letter signed by you and your wife advising that you are no longer represented and asking that all future correspondence be addressed to your home. I would then follow up with the National Customer Service Center to make sure they have correct information.
more...
ajobha
08-02 11:43 AM
hi guyz,
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
hot I just noticed Tania Zygar on
rtroy
10-09 04:49 PM
Hello,
In case if your attorney send you a copy I-485 application, you should have
your I-140 approval or receipt number with your I-485 application copy.
Thx
In case if your attorney send you a copy I-485 application, you should have
your I-140 approval or receipt number with your I-485 application copy.
Thx
more...
house more.
patricia
01-21 03:43 AM
You have answered your own question. This immunization protects you from most forms of TB and causes you to have a positive skin test since you have antibodies in your system to attack the PPD test ingredients when they are put under your skin.
Not sure why you are worried about it? This is no different from the other vaccinations you were given as a child that you had no choice on.
I am from the UK and every child was given the BCG vaccine for decades, normal course of growing up.Thanks for your reply.
Not sure why you are worried about it? This is no different from the other vaccinations you were given as a child that you had no choice on.
I am from the UK and every child was given the BCG vaccine for decades, normal course of growing up.Thanks for your reply.
tattoo Tanya Roberts
missourian
06-25 05:00 PM
bump
more...
pictures Glenn Beck holding Elizabeth
adnan_vijay
12-02 04:53 PM
my US green card holder mom partitioned for my green card in 2000
my priority date became current in june this year
my consular processing application has been lodge for almost 2 months now to USCIS.
can I please ask when is the FBI name check done?
how do I know if I pass the FBI name check?
:confused:
my priority date became current in june this year
my consular processing application has been lodge for almost 2 months now to USCIS.
can I please ask when is the FBI name check done?
how do I know if I pass the FBI name check?
:confused:
dresses my Head Nurse, Tanya Song…
cooldudesfo
12-25 05:11 PM
Thanks Anil.
more...
makeup is model Tanya Tankiang as
Anders �stberg
February 2nd, 2005, 03:51 PM
Nice textures but I don't quite like the left side... I think those yellow lines would maybe make a nice diagonal, starting from the upper left and then splitting either side of the lower right corner.
EDIT: Hope you don't mind, had to make a quick test, a little like this, but I'd like more of the yellow line at the upper left...
EDIT: Hope you don't mind, had to make a quick test, a little like this, but I'd like more of the yellow line at the upper left...
girlfriend SO DON#39;T YOU DARE TELL ME THAT
eager_immi
07-18 04:05 PM
No when ur PD is current; Yes it has effect when not current.It does not.
hairstyles Glenn Beck will blow your mind
abc
06-07 05:53 PM
Can anyone tell when will EB3 India crossover to May 2001 from April 2001 without any new law.
la6470
09-14 12:30 AM
bumping it up
^ ^ ^
^ ^ ^
gcformeornot
06-16 03:07 PM
___________
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