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  • singam
    04-08 06:27 PM
    This is at the least that the DOL and DOS should allow.
    BECs are a joke.




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  • dwl800
    06-13 09:15 AM
    I wont be able to file for GC under STEM coz my I-140 was filed in EB-3 after 2 years of my Graduation but less than 3 years.




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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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  • gcnirvana
    06-27 06:51 PM
    From Immi-Law:
    06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?

    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.



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  • Bostongal
    07-10 10:22 PM
    Hello

    I have received so many different responses regarding the shots required for over 65s. Our local health department, the INS Doctor and the INS all seem to be providing different information, I'm hoping someone can clarify.

    The civil surgeon provided us with a list of shots, basically it contained all the shots including those that I thought were just for children. We went to a public health nurse today who gave us TDP and Varicella shots. Are the MMR, flu and pneumococcal shots required by the INS?

    The INS approved Doctor wanted $600 per person for all of the shots. The exam and blood test were $120. We've decided to go to a private Doctor and the local health department for the shots instead of paying the $600. I'm hoping someone can clarify what is needed so that we avoid paying for shots that are not needed.

    Thanks!




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  • pthoko
    07-13 12:04 AM
    Would going to Canada and re-entering without going for visa stamping count as lawful entry??

    Or one has to go and get the visa stamped to qualify as lawful entry??

    Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??

    Thanks.



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  • redgreen
    05-06 07:40 PM
    all exchanges are canceling trades with more than/or less than 60% of the price at 2:40, occured between 2:40 and 3:00 the time period when this record drop happened.




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  • dixie
    12-18 10:43 AM
    Neither can I. By the way, it is notable that the Princeton event came bang in the middle of our big push in Washington during the fag end of the LD session. Wonder if any of the core members could make it to the event given how critical that particular week end was to us.



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  • willigetagc
    08-27 12:08 AM
    Hi All ,

    I am currently on L1B visa valid till Mar 09.

    I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).

    Will my return on the old petition cancel my L1 renewal petetion ?

    I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.

    Any views would be greatly appreciated.

    Thanks

    Not advisable to apply for L1 extension now. You should do it after you are back from India. That is because, they will also extend your I-94 when you apply for extension (i.e the L1 extension approval notice will list your current I-94 number).

    You would'nt want to end up in a state where you leave the country and return your current I-94 at the airport and CIS approves an extension on that I-94 (which you no longer have).

    When you return, you will have a different I-94 that will be valid till Mar 09 and you have to file for extension again with that I-94. Alternately, you may go out of the country to get a new visa stamp before Mar 09 and re-enter with that visa stamp and get a new I-94...

    convoluted, isnt it? Better to make that trip, come back, get a new I-94 and use that to extend your status.




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  • vidyas_m
    05-12 10:41 AM
    Hi vvenkat007,

    My wife has done BDS from India and is currently here in the US with me trying to get into a dental school.

    http://nbdeforum.com is a good website to begin with for useful info.

    First to come from India, he probably needs to apply for a Masters in Public Health or some degree like that to come to the US. Then, he has to take the National Board of Dental Examinations (NBDE Part I and/or Part II depending on school requirement) and ace them. Also, TOEFL exam ofcourse.

    Then, he can apply to the 25 or so schools in the US that actually allow foriegn-trained dentists to get admitted into their 2nd or 3rd year (again depending on school) of DDS classes.

    PM me if you have any questions. All the best to your brother!


    Hi Friends,

    My brother is finishing his BDS in India this year. I am planning to bring him to US for the studies in USA. Could you please help me on what he needs to do to enter here and are there any hurdles. I am new to USA too so don't know much about the ways so trying to find out. All I heard is unlike engineering its difficult to come for medical studies to USA.

    Thank you for your help and support.



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  • asanghi
    06-22 02:18 PM
    If both I-94s belong to the same person then I think it is normal.

    I entered country last time in 2005. After that I have my H1 renewed twice both times I-94 number stayed the same. Same also goes for my wife. The renewed I-94 always carries the same number as the one you got while entering the country.




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  • Jaime
    09-15 12:18 PM
    你好 - 华盛顿!



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  • jcrajput
    07-20 01:52 PM
    Can I change my job after 6 months of applying I485 with valid EAD?

    I have EB2 I140 approved.
    I-485 applied this July.

    Thank you.




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  • mzk
    04-07 11:34 AM
    EB2 ROW is usually current - if you qualify for it, it would be faster as compared to EB3 ROW.



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  • raidohri
    04-07 12:46 PM
    http://www.uschamber.com/webcasts/2007/070323_immigration_reform.htm




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  • Dhundhun
    02-19 11:25 PM
    F1 means International Student and so you are not California Resident for tuition purpose (UCs, CSUs and any state funded institution e.g. community colleges follow this practice).

    Private institutions don't care, usually fee is same.

    For taxation purpose, you are resident of CA and will be paying taxes on earnings.



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  • bhartigorkar
    07-25 01:32 PM
    Hi Halfdog

    I think the intent of the original work (http://vector.tutsplus.com/articles/theory/six-things-i-think-about-when-im-mutating-a-rabbit/) is to educate\inspire others. It is a tutorial. I followed the process the author explains and came up with the idea. I felt is could be better used for T-shirt.

    It is a new expression of the underlying idea of the original work, rather than a copying of the work itself.
    This is by no means plagiarism as you are accusing.
    If the moderators feel that it is the case then it is ok to remove my entry from the competition.
    My own illustration
    http://a.imageshack.us/img411/1563/charactersr.jpg

    Thanks
    bharti




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  • moonrah
    09-23 03:39 PM
    Another question on the form:

    In G-639 form, Should port of entry and date of entry be the latest one or when we entered first time in the US?




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  • ramaonline
    07-08 05:55 PM
    i am not - these are standard codes you can find on the net - I submitted the same to the ins company.




    us_employee
    08-26 10:52 PM
    Thanks




    virald
    08-21 05:43 PM
    Today TSC processed only 863 cases:
    src0725250000 - src0725250863
    :confused:

    How do you find this?



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