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  • tdasara
    03-20 12:04 AM
    Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.

    My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.

    (No I am not talking about a body shop and this is a small financial firm)





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  • pmamp
    12-22 09:59 AM
    My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated

    Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?

    Thanks

    I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.





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  • raghav235
    06-30 04:23 PM
    I guess, you need to enter the "Received Date" that is on your last I-765 receipt Notice.

    Hello,
    I have been looking an answer on this forum for the date that we enter for the Question # 11 on the I765 form:

    Question: Have you ever before applied for the employment autherization from USCIS?

    My question is on the date that we have to enter here:

    Should I enter the CARD VALID FROM DATE on my EAD card?
    Should I enter the RECEIVED DATE on the I485 receipt?
    Should I enter the NOTICE DATE on the I485 receipt?

    I looked on this forum, and there is seem to be confusion around this date..can someone please clarify...

    Thank you.





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  • qualified_trash
    01-02 07:42 PM
    does not seem to be very friendly now !!

    http://tinyurl.com/ylnubu



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  • Blog Feeds
    09-28 12:50 PM
    U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:

    The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.

    Another key feature to the Web site is that there is a “where to start” link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the “where to start link” will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the “where to start” link. It states “I Am,” and one can select from the various choices available and get specific information relating to any issue.

    Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)





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  • clockwork
    09-19 07:19 PM
    is it for Sub-Labour ?
    No.
    Category ?
    EB3

    and NO-RFE direct denial.



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  • mallikonnet
    07-07 09:22 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.


    yes you can extend h1b with out any problems





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  • jcrajput
    07-20 01:58 PM
    Thank you.
    Is there any risk or limitation?



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  • dohko
    04-07 01:57 PM
    Well I have a BS and MBA with 1 year of experience in my current company. And they're not willing to do MBA+0. So I guess Eb3 is the only option.
    Both degrees are from a US university.





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  • krish2006
    04-19 11:51 AM
    Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.

    I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
    It seems to discuss reg. using AP to enter the country and maintaining H status.

    Not sure if anyone here has done the extension of H4 after using EAD.


    Cronin memo:

    Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)

    Appreciate any comments reg. this,



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  • hcard
    09-16 03:15 PM
    We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(

    I applied on Jun6th and got my EAD 2 weeks back. I took infopass to expedite the process. The IO wrote an email to someone in TSC. I got approved next week. Give a try taking Infopass.

    Good luck





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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)



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  • bfadlia
    05-15 03:48 PM
    Hi Guys,
    I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?

    Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums http://www.cic.gc.ca/english/immigrate/index.asp

    The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
    If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..





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  • vivek_ut
    09-12 09:51 PM
    Rajiv Khanna from immigration.com held two conference calls on going back to school with a pending green card application. Not sure if your particular situation is covered but you can listen to the conference call recordings on his website. I believe these were in the April/Mat time frame.



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  • thankgod
    05-13 09:39 AM
    I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?



    Green card application sis always for future employment.

    Happily you can use your 140 and Priority date. No problem.Everything is under control.





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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.



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  • nousername
    11-12 01:17 PM
    Group,

    This morning I saw a commercial (California Group Blames Immigrants for Climate Change) (http://www.triplepundit.com/2009/11/california-group-blames-immigrants-for-climate-change/)on the local Bay Area channel and was simply surprised, I mean out of words surprised.

    I cannot believe how low these anti-immigrant groups can and will go to push their point, which obviously is nothing but full of BS, but it certainly adds fuel to the fire.





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  • chanduv23
    11-09 07:04 AM
    Folks,

    I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.

    COngrats - these things do work. Urs is not a difficult situation so it was handled easily. Basically visas were available and there was no reason to not give you a GC.

    I read in other threads that people who make service enquiries are getting cryptic responses like "we cannot deny you but waiting for DHS ...." etc..
    Such letters must be sent to Ombudsman and Secretary Napolitano so that they understand what goes on at a level below them





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  • satishku_2000
    08-17 03:57 PM
    Don't tell me you got one for this!

    http://immigrationvoice.org/forum/showthread.php?t=4478&page=19

    There is a possibility in cases of where job requires minimum GPA . 140 adjudicator can always ask petitioner that the benificiary meets all the requirements for the position offered. In substitution cases there is always a possibility of things getting verified in a microscope.





    parablergh
    09-09 02:38 PM
    As your H-1B has been withdrawn prior to your filing for the H-1B change of employer, you are now out of status. An H-1B withdrawal is technically effective immediately upon receipt by USCIS.

    The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached.

    You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.





    ujayra01
    07-18 09:44 PM
    Thank you very much. This makes it very clear.

    Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN