roseball
03-08 01:00 PM
Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.
My 2 cents.
He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.
My 2 cents.
He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.
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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)
amaze
10-31 09:54 AM
what do u know about? :P
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ajaykk
02-20 11:46 PM
Hi Gurus,
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
more...
vendi
11-08 11:18 AM
Did U press render after draging a material?
I prefer raster to vector! In vector mode colours are different!
I prefer raster to vector! In vector mode colours are different!
http404
07-17 10:32 PM
I got myself in somewhat of a mess here and wondering if there is any solution?
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
more...
fiestagirl
05-28 06:00 AM
I have searched the internet on this and had no luck.. i'm 20 weeks pregnant and Canadian married to a USC. I went for my medical today and had all of my backup for vaccinations / immunity but the immigration doctor wants me to get a tetanus shot. All information on the web says this is "safe" during pregnancy, however I am completely opposed to having a vaccination while pregnant or breast-feeding due to potential issues vaccinations can cause (eg: autism in children). While this is not readily "accepted" by the medical community, it is how I feel. Some very high profile people have talked about vaccinations and the dangers they can cause but the medical community seems to reject their logic (not enough studies.. who knows).
I don't feel that I should be subjected to this when I'm so opposed to it - I know I can apply for a "moral objection" but I can't find any information as to whether USCIS actually acknowledges these objections.
Has anyone out there been in a similar situation or know of how I can get an exemption from this during my pregnancy / breast-feeding stage?
Thanks everyone!
I don't feel that I should be subjected to this when I'm so opposed to it - I know I can apply for a "moral objection" but I can't find any information as to whether USCIS actually acknowledges these objections.
Has anyone out there been in a similar situation or know of how I can get an exemption from this during my pregnancy / breast-feeding stage?
Thanks everyone!
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ramus
07-05 01:01 PM
Please guys.. Before creating new thread, please send 15 mins to find out if there is any thread you can use.. This is creating big confusion and members don't know which one they supposed to follow.
I am just asking to spend 15 mins and see if you find whatever you looking for.
No hard feeling please..
Thanks.
I am just asking to spend 15 mins and see if you find whatever you looking for.
No hard feeling please..
Thanks.
more...
sixburgh
08-13 10:06 AM
I was advised by my lawyer that entering on h1 does not affect a pending 485 AOS application.
So I entered on H1.
No issues encountered.
So I entered on H1.
No issues encountered.
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mambarg
09-10 06:59 PM
SF is open Tue-Sat.
more...
wonderlust
07-30 01:28 PM
I don't have a lawyer. I will do the correction myself when I get the receipt.
Good luck to you.
Good luck to you.
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tnite
09-24 10:11 PM
All TriState (NY/NJ/CT) members please join us on Sep 27th, 9 pm for the " No Obligation "Conference Call.
This discussion is about future social events, mobilization plans and other relevant issues from the tri state area.
When you sign in, please announce your name so that we know who's attending the tele conference.
Telephone:16054756006
bridge: ??????
For more information go to
http://groups.yahoo.com/group/immigrationvoiceny/
This discussion is about future social events, mobilization plans and other relevant issues from the tri state area.
When you sign in, please announce your name so that we know who's attending the tele conference.
Telephone:16054756006
bridge: ??????
For more information go to
http://groups.yahoo.com/group/immigrationvoiceny/
more...
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indianabacklog
01-09 08:21 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.
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.
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kirupa
03-15 04:29 PM
The more the merrier! Just be sure to create a new thread for your second entry :evil:
more...
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absaarkhan
01-14 03:53 PM
H1B Renewal Process is Very Simple.
But the Beneficiary cannot do it on his own.
It has to be done by your Employer since on I-129
he has to Provide lot of confidential Information about the company
like Turn Over and Income of the company.
Most Employers have a contract with the Attornies and Prefer to
go through them instead of doing the Paper work themselves.
BUT it is very easy.
But the Beneficiary cannot do it on his own.
It has to be done by your Employer since on I-129
he has to Provide lot of confidential Information about the company
like Turn Over and Income of the company.
Most Employers have a contract with the Attornies and Prefer to
go through them instead of doing the Paper work themselves.
BUT it is very easy.
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psychman
02-17 04:16 PM
Thanks for the help Kirupa. It works great now!
more...
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chanduv23
10-20 09:10 PM
Folks!
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.
Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.
Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge
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pmat
12-17 02:10 PM
You can transfer your status from H1 to F1 using a "change of status" form. The main issue is getting the F1 visa stamp. In the visa application form, there is a question which asks whether anybody has filed an immigrant petition on your behalf. As I-140 has been applied/approved, you will have to answer yes for that question. This will show immigrant-intent: but F1 visa is strictly non-immigrant intent - you have to show that you are not planning to stay in US. <--- You will have issues proving this.
I don't think that you will have any issues if you don't go for visa stamp and stay in US during the duration of your studies.
I don't think that you will have any issues if you don't go for visa stamp and stay in US during the duration of your studies.
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same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
pointlesswait
12-10 10:37 AM
you should be asking those questions to an attorney.. not amateurs like us..;-)
> If u have a court document showing that you changed ur citizenship..that could help you.(but i am sure u don't have one)
> and since u have stated ur place of birth is India on ur passport .. i think u are pretty much screwed.
> consequences are not very difficult to figure out... both the Indian and US govt can come after you tiny brown a@s for fraud..(to put it mildly)..;-)
> If u have a court document showing that you changed ur citizenship..that could help you.(but i am sure u don't have one)
> and since u have stated ur place of birth is India on ur passport .. i think u are pretty much screwed.
> consequences are not very difficult to figure out... both the Indian and US govt can come after you tiny brown a@s for fraud..(to put it mildly)..;-)
x1050us
06-25 09:33 PM
Shouldn't the whole decision be given in 15 calender days ? My 7th year H1 ext was filed 11 days ago. No clue of a receipt number yet.