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)
wallpaper weeds Weeds: Season 6 Episode
nvsrkriss
04-12 12:14 AM
1)on Feb 19 th 2008 came to US with H1B Visa stamp of Comp A having
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
krish420
08-14 10:05 AM
For my marriage, I applied for her appointment at the consulate on L2. The date was set such that we would have our marriage certificate by then. When she went for the interview, she showed them the marriage certificate, and got the L2 approved.
If she is planning to change her name, then it gets complicated as she can only fix an appointment at the consulate after updating her name, passport, marriage certificate etc etc etc
If she is planning to change her name, then it gets complicated as she can only fix an appointment at the consulate after updating her name, passport, marriage certificate etc etc etc
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immigration_confused
07-26 07:35 PM
Hi,
My brother is in Toronto, Canada for a conference. He has an H1B extension which is not stamped. At the US airport before boarding the toronto flight they took his old expired I-94 (from previous H1B). He currently has his I-797 (H1B) petition that has the I-94 at the end.
1) Can he use that I-94 to enter the US (his new H1B extension is not stamped). His stay is only for 4 days in Toronto.
2) If not then what are his other options (except for H1B stamping as there are no dates in toronto)
Would appreciate any advice as soon as possible.
Thanks.
My brother is in Toronto, Canada for a conference. He has an H1B extension which is not stamped. At the US airport before boarding the toronto flight they took his old expired I-94 (from previous H1B). He currently has his I-797 (H1B) petition that has the I-94 at the end.
1) Can he use that I-94 to enter the US (his new H1B extension is not stamped). His stay is only for 4 days in Toronto.
2) If not then what are his other options (except for H1B stamping as there are no dates in toronto)
Would appreciate any advice as soon as possible.
Thanks.
more...
gc28262
03-15 11:26 PM
Please see the link.
http://immigrationvoice.org/forum/blog.php?b=39
The new job has to be same or similar irrespective of whether you transfer on EAD or H1.
http://immigrationvoice.org/forum/blog.php?b=39
The new job has to be same or similar irrespective of whether you transfer on EAD or H1.
flash.stoffer
08-06 05:37 PM
Thanks... ;)
I just used 10 mins or soo... :P
I just used 10 mins or soo... :P
more...
ravageguy1
05-13 09:53 PM
Thanks for your reply. I am waiting on the RFE to be received to see the content of it. I am hoping they will provide new deadline. Any ideas avoiding out of status is appreciated.
Thanks again,
Raj
Thanks again,
Raj
2010 2010 weeds season 6 episode 1.
TheCanadian
11-01 12:09 AM
You've met him? Did he design these logos? And who can't bite through someone's jugular? All of these questions must be answered before development of the Corn-on-the-Cob Book Pro and iPineapple can continue.
more...
aworker
02-09 04:11 PM
Please help...
hair Weeds Season Six Credit:
truthinspector
01-03 11:45 AM
http://timesofindia.indiatimes.com/Good_or_bad_Britain_tears_itself_to_pieces_on_immi gration_issue/articleshow/1040632.cms
does not seem to be very friendly now !!
http://tinyurl.com/ylnubu
does not seem to be very friendly now !!
http://tinyurl.com/ylnubu
more...
GCisLottery
10-04 12:19 PM
A key figure (http://news.google.com/news?hl=en&ned=us&q=hastert&btnG=Search+News) in the latest political drama was a key figure in immigration debate (http://news.google.com/archivesearch?q=hastert+immigration&ie=UTF-8&oe=UTF-8&btnG=Search+Archives). I wish he makes way and hopefully some moderate does something for the immigrant community.
hot weeds season 6 dvd cover.
reddymjm
02-26 07:29 PM
Hi-
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
I think it is Aug 17th or afterwards and in new fee structure you do not have to pay for the renewal.
I am applying for my EAD/AP renewal. The received date on my I-485 notice is Aug 2007. According to USCIS, if you filed after July 30 2007, you are not required to include a Fee.
I am looking at my receipt notices and I feel like I payed under the old fee structure and should include the fee. Here are the amounts
I-485 : $395.00
I-765 : $180.00
I-131: $170.00
Can someone please advice if I need to include the fee for AP and EAD renewal.
Thanks
I think it is Aug 17th or afterwards and in new fee structure you do not have to pay for the renewal.
more...
house Season 6, Episode 5
sukhyani
10-04 03:40 PM
My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
So that means they are just going to pre-adjudicate his application and issue him his GC once the Visa numbers become current?
I was in this impression that they would start processing an application only when the PD of that application becomes current and hence the six months or more lead time.
tattoo weeds season 6 episode
ascetic
05-03 05:53 AM
What about the Spidy ?
Peter Parker is American, lived in NY with his aunt and uncle. He can still look around for greener pastures. There must be better jobs than being a photographer at Daily Bugle with no promotions and a yelling boss. :)
Peter Parker is American, lived in NY with his aunt and uncle. He can still look around for greener pastures. There must be better jobs than being a photographer at Daily Bugle with no promotions and a yelling boss. :)
more...
pictures hot Weeds Season 6 Episode 2
pressman
January 5th, 2005, 05:22 AM
I have cropped a little and added toning and contrast. I think it adds a different slant to the image - though not necessarily better.
Pete
Pete
dresses weeds season 6 silas.
mbartosik
06-14 12:33 AM
If you are on speaking terms, and she is in USA, then consider extending an olive branch to her. You can always extend the olive branch after you get a receipt notice for your I485.
I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.
I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.
more...
makeup Weeds: Season 6 Episode 8:
purgan
04-05 05:26 AM
I hope so but I don't tink H4 can get financial aid. If perhaps you can get your child as a parolee, there is a possibility...but there are technicalities there as well
girlfriend Weeds showtime
peer123
04-04 05:30 PM
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
hairstyles Weeds Season 6, Ep. 9 quot;To
sympa21
05-16 05:49 PM
Hi I'm a Moroccan citizen I was placed in removal proceedings (NY Buffalo) and took voluntary departure. once my wife's divorce was finalized we got married while on voluntary departure. we filed motion to reopen the case and it was reopened and transferred to Los Angeles, CA then the judge closed my case based on marriage with an I130 receipt without prejudice. The I130 was filed on june 2009 and was transferred to Los Angeles on November 12, 2009. I made an appointment with Info Pass but they just said you have to wait untill we call you. My lawyer said I can't file for the I485 untill the I130 is approved. My question is: How long will it take before we will be called for an interview?
An estimation will be much appreciated thank you very much.
An estimation will be much appreciated thank you very much.
bhatt
04-02 02:21 PM
I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC
For TSC paper filing is faster than eletronic filing;).
For TSC paper filing is faster than eletronic filing;).
Ann Ruben
06-18 07:17 PM
If your wife wants to transfer to a cap-subject employer, she will only be able to do so if the H-1 quota for the fiscal year has not been used up. If the H-1 cap has not been reached then transferring from a cap-exempt employer is no more difficult than transferring from a cap-subject employer. (though the new start date would have to be Oct. 1 or later)
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