I am a nanny and my boss asked me to fly out with them in June to help take care of the kids. But my visa and I94 has expired and my Passport is still valid. We are flying domestic and wanted to know if I can still fly using my passport or will I get flagged at TSA for using my passport. I am in... Read more »
When did you file for a T-visa? If you filed before your other visa expired, you should be "in status" while your application is being considered. Which visa was it, by the way? It would be helpful to know how you were admitted to the US, since you claim that you are a victim of...Read more »
While you were married for a short period of time, I do not believe that annulment is an option. File for an absolute divorce. I do not think this will be an issue in light of the circumstances. You do need to speak to a SC family law attorney, since serving your former spose could be an issue. Was...Read more »
This is not a workers' comp question, but employment law instead. The answer will depend on the arrangement you had with your employer in regard to the use of the company vehicle. Were you given a company vehicle to drive? Did you also get a gas card? Were you allowed to take the vehicle to...Read more »
Is it required/allowed to file i539(on b2 visa) if wife and i will be filing AOS(adjustment of status) through marriage based green card. Exipiration of i94(b2) is a about month away. What if there is a delay in reciept of notice, should we file for i539 just in case, before her expiration/before... Read more »
I agree with my colleagues. I also recommend hiring an attorney. USCIS sometimes takes a position that an applicant misrepresented their intent, if they enter on a B2, which could lead to a denial of your I-130 petition based on misrepresentation. Schedule a consultation! Immigration law is very...Read more »
terminated. She was hospitalized for a severe infection, missed a 6 days. They are now asking her to resign so she is rehirable in 60 days when a new job MAY be open. We are afraid she would be denied unemployment, if she resigns. They said they could also terminate with cause. Not sure the best... Read more »
Yes, if your wife resigns voluntarily, she will likely be denied unemployment benefits. Was her infection in any way connected to her employment? Is she able to work now? She could be entitled to workers' comp benefits. I am not clear why her employer is asking her to resign. This could give...Read more »
However, I was never read my Miranda rights when first arrested and never was until I was in front of the judge for my very first ever court date... a day later. I’m not sure what to do as this is my first ever run in with the law.
Absolutely. You do need an attorney to guide you through this process as you might have to adjust your status as a "battered spouse." Physical abuse is not a requirement - it can be purely psychological in nature. Abandonment would fall under the category of "extreme cruelty."...Read more »
We want to marry here in the USA. He will need to return to Mexico because of his job. I plan to go back with him after the wedding, and we will start the 1-130 Spouse visa petition from Mexico. Can we get married here with his tourist visa?
As long as your fiance is not out of status (his visa hasn't expired), you can certainly get married here in the US. The best part is that he does not need to leave the country to adjust his status. In addition, while it may not impact your case, the Biden administration is working on changing...Read more »
I am a bit confused. From a business prospective, you are free to choose any name you want. On the other hand, you may be violating (infringing) some intellectual property laws, if your brand name is too similar to another brand. Talk to an intellectual property attorney.
I work remote and moved from Las Vegas, NV to Cary/Apex, NC to try to live a more green and active lifestyle while keeping *some* costs slightly down, however, cost of living is not that much different in both these areas, yet my employer cut my salary 10%. When I asked if they could provide more... Read more »
Do you have your employment contract handy? I would need to examine what was promised to you at the time you accepted employment. NC Wage and Hour Act may have been implicated, here if your employer failed to pay wages as promised.
I am being constantly harrassed by my employer due to the fact that I have kids, and the current school schedule has caused me to be late. I have also requested the same schedule that has been allowed for another employee, but was denied the same curtesy.
Are you a member of a protected class? Based on race, color, national origin, gender, age, or disability? If you are a female and your coworker is a male individual, you could have a potential claim for discrimination. Similarly, if you are an African American and your coworker is white, you may...Read more »
I have worked there for 7 months. I have been a top employee since day 1. Last month they doubled my commission and gave it to me in writing. It was my top month for sales also. My commission ended up almost 10,000 dollars. Yesterday the owner came in with new paperwork saying they were taking away... Read more »
You need to talk to an attorney. Employer cannot change the policy to eliminate earned/accrued benefits such as your commission. Moreover, any policy changes affecting wages require advanced notice. Generally speaking, employer may change things going forward but not backwards. What your employer...Read more »
We are subs on a job in NC. The GC, from out of state, needed extra work done, which we did on good faith basis without making them sign a change order before we did the work. Now they are saying since the change order wasn't turned in by a certain timeline, they don't want to pay it... Read more »
There are a number of options to secure a payment for work already performed. In certain circumstances you may be able to bypass GC and go directly to the owner of the project. I don't typically handle construction law matters but I would take a look at it for you, as there is enough at stake...Read more »
Unfortunately, dating is not a protected activity, so yes, your employer can terminate you based on that. In NC and many other states, employer may terminate employee for any reason or no reason at all as long as it does not violate any public policy. Dating does not implicate any public policy.
I had Bi knee replacement and my STD ended 12/22. LTD is still pending. My Dr. Released me back to work with restrictions, the company will not accomodate them. If I quit will I be liable to pay back benefits that the company paid while I was on company leave?
I practice employment law in NC, however, I would not quit my job voluntarily, if I were you. Voluntary resignation will likely preclude you from asserting potential employment and workers' compensation claims you may have. Moreover, you would probably be giving up your potential right to...Read more »
Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of...Read more »
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