District Court Grants DOL an Extension for H-2B Program

On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S. Department of Labor (DOL) to continue issuing temporary labor certifications under the H-2B visa program through May 15, 2015. As a result, DOL will continue to process temporary labor certification applications under its 2008 H-2B regulations through May 15, 2015.

Recording of Community Conference (Every Other Thursday) 2015, April 16

Immigration Law

Substantial transcription for video

Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And  Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.

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H-1 Receiving Payments for Past Work/Bonus (1099)

Question details

I worked for ABC Company for last 3 years. They extended my H-1B at the end of 3rd year. But during my 4th year (this year) I changed my employer and updated my H-1B too. At the same year, ABC Company was sold to another company. ABC Company decided to give bonus to its current and formal employees. I got a bonus

check from ABC Company. Since, I was not on their payroll they issued me a 1099

misc form for tax purposes for this tax year. My understanding is H-1B employee

can file only W-2 form with current employee. If I file my tax with this 1099 misc

form from ABC Company? Am I violating the H-1B rules?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously

Question details

My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions:
1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied?
2. Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) in such cases Processing time is also much less. If my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/R4-_pic6TzY?t=103

FAQ Transcript