what_now
02-27 04:39 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
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Thank you very much.
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Didiusthegreat
09-25 01:29 PM
I've made your logo allright??
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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Blog Feeds
08-12 09:50 AM
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...
smuggymba
01-16 11:12 PM
The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.
cheg
08-05 12:36 AM
Sorry to hear that your wife's 485 application will be denied. I know that once she uses her EAD then she loses her H4 eventhough her passport still has a stamp expiring Feb 08. Since she will definitely be losing her EAD because of AOS denial it will be better for you to apply for her H4 asap. To be on the safe side, always consult a lawyer. Good luck! :)
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smuggymba
09-20 02:14 PM
I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?
Please provide your valuable opinion.
Thanks
increase collision deductible and keep comprehensive in case of break ins etc
Please provide your valuable opinion.
Thanks
increase collision deductible and keep comprehensive in case of break ins etc
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Chiwere
12-19 04:25 PM
I am actually looking to sell mine - prospects of a layoff and not even 140 in sight.
if not sell foreclosure++;
if not sell foreclosure++;
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wandmaker
01-01 07:07 PM
H1B LUDs may be due to PIMS data collection, I heard most of the H1Bs approved after Jan 2004 had LUDs and the status did not change; and 140 could be a regular system touch.
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lecter
May 20th, 2004, 09:39 AM
FM and Co choose what they like. And they are consistently inconsistent.....
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