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.
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ya3
04-17 02:18 AM
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nixstor
09-02 05:45 PM
Great! Thanks for updating every one.
2011 KING Magazine : Amber Rose
wait4ever
11-12 12:01 PM
Hi California members,
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/showthread.php?t=22182
It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
CAn you tell me the logic of posting multiple threads with this subject - wont just bumping the thread give you the same effect - this is really irritating
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/showthread.php?t=22182
It�s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
CAn you tell me the logic of posting multiple threads with this subject - wont just bumping the thread give you the same effect - this is really irritating
more...
meridiani.planum
05-30 11:33 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
aioros
05-16 08:30 AM
cool! like the gradients much ;)
more...
vgopal375
06-18 03:43 PM
Hi,
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
2010 amber rose and wiz khalifa
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)
more...
dilber
07-29 02:51 PM
Just sent you an email. I will pray for your cousin.
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neeidd
07-14 06:28 PM
bumping again :(
more...
BMS1
11-03 03:47 PM
Going to Home country may be the best option. COS may take quite long and block applying for H1-B.
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Asian
10-03 10:00 AM
Kapoor made many good points very clearly! A very good job indeed.
I hope many more newspapers and magazines will deal with this story as well.
I hope many more newspapers and magazines will deal with this story as well.
more...
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rbashir
02-16 10:54 AM
If the labor cert has been filed, approved and the I-140 has been filed, I think you can file for an extension of the H1-b. I was advised the same by my attorney, but by the time we filed for the extention, my I-140 was also approved (rather quickly).
You should contact your immigration attorney right away.
But what about extension based on appeal
You should contact your immigration attorney right away.
But what about extension based on appeal
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copsmart
11-24 05:35 PM
Folks,
I am really worried.
Do you think an infopass appointment would help?
Please throw some ideas.
I am really worried.
Do you think an infopass appointment would help?
Please throw some ideas.
more...
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Anders �stberg
April 2nd, 2004, 11:44 PM
So-so pictures... ;) The telephone lines are kind of interesting, I think it may have been better to see the ground as well.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
Are you using "Save for web"? That removes the EXIF, use "Save as..." instead.
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imconfused
05-25 11:02 AM
SRC.... so is it TSC ? considering its starts with SRC?
more...
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GCSOON-Ihope
09-06 04:52 PM
You can work 2 jobs as long as you have...2 H1 visas, one for each job!!
That could be 2 part-time or 1 full time and 1 part-time.
I believe there could be a problem if you have 2 full-time H1 jobs at the same time...
That could be 2 part-time or 1 full time and 1 part-time.
I believe there could be a problem if you have 2 full-time H1 jobs at the same time...
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imconfused
05-24 04:26 PM
I filed for my EAD last year along with 485 and the lawyer sent the application to Nebraska Service Center, however, the receipt notice I received was from Texas Service Center.
Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?
thanks,
Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?
thanks,
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sagittariusarm
02-12 11:10 AM
My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.
Thanks buehler!!
Do you know what was the classification of your wife's case? In my wife's case it was a criminal violation. Since the insurance took care of the other party, I am sure our premium will increase but that is not the worry, just want to make sure she is cleared and her immigration process is not affected. My immigration attorney just confirmed that it should not be a issue because even if judge sentences the max sentence is 60 days jail or $500 fine, I would prefer the later, but I am sure the case will not go that far because I am hiring a attorney.
The green card process will be a issue only if the sentence is more than a year, as per my attorney.
Thanks buehler!!
Do you know what was the classification of your wife's case? In my wife's case it was a criminal violation. Since the insurance took care of the other party, I am sure our premium will increase but that is not the worry, just want to make sure she is cleared and her immigration process is not affected. My immigration attorney just confirmed that it should not be a issue because even if judge sentences the max sentence is 60 days jail or $500 fine, I would prefer the later, but I am sure the case will not go that far because I am hiring a attorney.
The green card process will be a issue only if the sentence is more than a year, as per my attorney.
kshitijnt
04-11 02:55 AM
Its a better idea to file in EB2 anyway.
raysaikat
05-15 07:39 PM
Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
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