Tag: Lawyer

When an H1B Visa Holder Might Need an Immigration Lawyer in San Jose

When an H1B Visa Holder Might Need an Immigration Lawyer in San Jose

Globalization is not an unfamiliar term anymore. The world understands it and in fact, benefits from the interconnectivity and interdependencies among countries. Every year, hundreds of thousands of people enter the US in search of opportunities to transform their lives and support their families.

However, the complexity of immigration laws and the current situation between the state of California and the federal government makes it imperative for any immigrant to understand the laws thoroughly before setting foot here. Those who are already working in the US under H1B visas need to get in touch with immigration lawyers to know and defend their rights.

The H1B Visa

Visa is a passport endorsement, and a permission from a country to the individual to cross its borders. Visas can have many different statuses e.g. some allow individuals to work in a country while others only let them stay for a few months. The H1B visa in the US allows foreigners to work professionally in the US. It is a non-immigrant visa status under which the individual can work in the US for only a specified term. However, they can apply for extension of their stay. The visa is for three years and the individual can get an extension of three additional years allowing him/her to stay in the US for six years.

What Can Go Wrong?

While employers and employees both need to benefit from an immigration lawyer, employees need it more. Sometimes, individuals who come to the US in hopes to change their lives can come across their worst nightmares. The company that applies for their visa and employs them refuses to pay their salaries or asks them to perform duties that might not be in their job description. A person who comes to the US for the first time and faces this situation would not know how to handle it.

On most occasions, employees choose to remain quiet and change employers—they consider it the easy way out. However, changing employers often gets them in even deeper trouble. The unsuspecting employee ends up breaching a contract and facing a lawsuit from the company to pay thousands of dollars.

The company might sue the employee for not working for the number of months that were on the signed contract. While California, and as result companies in San Jose, can write such agreements where employees can be penalized for breaching the contracts, they can’t always justify their own actions too.

An Immigration Lawyer to the Rescue

In situation where the employee was not given his salary and made to do tasks that were not in his/her job description, it seems funny and shocking at the same time to be getting sued by the same employer. If the employee with the H1B visa does not take action immediately, they can get in a huge trouble. It only makes sense at that point to hire an immigration lawyer. Not only will the lawyer save the employee from an undeserved lawsuit, but also have the company penalized for their dishonest conduct.

If you live in San Jose and someone you know is in such a situation, call Earl Jiang at 866-263-7866 immediately. Keep in mind that your timely action matters crucially because your H1B visa is only limited to three years.

An Oakland Lawyer Is Indispensable When Opening a Cannabis Business

An Oakland Lawyer Is Indispensable When Opening a Cannabis Business

The days of struggle are gone and interested individuals can now start their own cannabis business in Oakland, California. While the Adult Use of Marijuana Act (AUMA) already allowed people to use marijuana personally, people who were interested in starting their marijuana businesses had to wait until January 1, 2018 before they could sell it legally. Medical and Adult Use of Cannabis Regulation and Safety Act, abbreviated to MAUCRSA, contains the regulations that govern the licensing process of cannabis businesses. Those who want to start theirs in Oakland should consider hiring an Oakland marijuana lawyer to complete the process smoothly.

The Important Considerations When Starting a Cannabis Business in Oakland

It is highly recommendable for anyone interested in starting such a businesses to know the many terms and conditions that apply to them.

The Business Location

The first law you have to know entails your business’ location. Your cannabis business must not be within 600 feet of a K-12 school. In addition to that, you have to main the same 600-ft distance from other dispensaries in the area and youth centers. It is imperative that you realize how Oakland will measure that distance. In this particular case, the city will calculate the distance based on the path of travel. You will also have to have official documents to prove your occupation of the space before you open the business.

The Fee and the Permit

Next, you will complete the permit application form and submit it to the city of Oakland. Other important submissions include the following:

  • A complete security plan
  • A secure floor plan
  • Information on Energy Star
  • Business registration documents
  • Occupation documents
  • Plan for mitigation of odor
  • Plan for beautifying the community
  • $2,474 application fee

The Ten Sign-offs

That’s where things can get a bit difficult for you. At this point, you will receive a permit inspection card from the City Manager’s Office that requires you to visit ten different departments and get signatures. Depending on the type of cannabis business you do e.g. cultivation, extraction, etc. you might or might not have to get all the signatures. Here are the names of the offices from where you will get the signatures.

  1. Revenue management bureau
  2. Alameda County Agriculture
  3. Alameda County Environmental Health
  4. Oakland Building Services (Building)
  5. Oakland Building Services (Electrical)
  6. Oakland Building Services (Plumbing)
  7. Oakland Planning/Zoning
  8. Easy Bay Municipal Utility District
  9. Fire Prevention Bureau
  10. Port of Oakland

Be sure to check the details of which sign-offs your business will require.

The Equity Permit Program

The equity program can be quite confusing for most people looking to start their cannabis businesses in Oakland. Only a handful of the businesses can obtain the permit as equity-eligible whereas others have to find different routes. Businesses will have to choose to be equity incubator or equity eligible. The third and last option for businesses is to be patient until these restrictions go away. There is no timeframe on when the restrictions will be removed.

If you have read all the information carefully, you realize at this point that it is still not a smooth ride for anyone who wants to start a marijuana business in Oakland today. With so many controversial regulations and processes to complete, it only makes sense for you to have a marijuana lawyer in Oakland on your side throughout the process. Contact Earl Jiang at 866-263-7866 before you initiate the licensing process for your marijuana business.

Why Will I Need a Hayward Marijuana Crime Lawyer When I Can Smoke legally?

Why Will I Need a Hayward Marijuana Crime Lawyer When I Can Smoke legally?

Adults in Hayward are allowed to smoke marijuana thanks to the after the legalization of the drug in California. The industry is growing rapidly and facilitating customers since then. However, as per different marijuana laws, consumers did not get complete freedom yet as a set of rules has applied on purchasing, smoking, and cultivation of the drug. The law allows you to retain one ounce of marijuana and cultivate six plants without making the knowledge public.

When it comes to medicinal purposes, a qualified patient can possess around eight ounces of the drug. These patients can grow six mature and 12 immature plants. There is no doubt that the state is tolerant to recreational or medical marijuana but a slight violation of rules can land a consumer into hot waters. This is why you are advised to consult with a Marijuana Crime Lawyer in Hayward if caught in following cases:

Smoking Marijuana In Public

Smoking a joint in public is considered a felony even after the legalization of the cannabis. It is suggested to consume the drug only on private property. The law bans smoking a joint in public places where tobacco is illegal as well. You might land in serious trouble if found smoking the drug around restaurants, school campuses, hospitals, and public parks.

Consuming Marijuana While Driving

Driving while smoking or even consuming edibles made from the drug is strictly prohibited. You may come in contact with serious consequences if caught in the influence of the drug when driving. The rule also regulates how you store marijuana in the car. You will face a fine of $70 if an unsealed marijuana container is found in your possession.

The Stance Of Federal Government On Marijuana

Federal law still outlaws the possession of the drug. Pot dispensaries are instructed to keep an eye on the consumers via gathering information which federal prosecutors and agents can seize. The adults who purchase or consume a legalized amount will less likely be affected by any federal action. However, to avoid any inconvenience, you should not cultivate, buy, or consume the drug for medical or recreational purposes without measuring all the legal formalities.

Provide All Required Information

You are expected to provide a valid ID when buying marijuana – or a valid and legitimate medical prescription. You can provide your driving license, passport, or military ID as well. Trying to buy marijuana on a fake ID is a felony can land you in a very serious predicament with the law.

Termination On Possessing Marijuana

Proposition 64 empowers an employer to alter their drug policy. It is quite complex to deal with circumstances like these when the state has legalized the drug but employer takes action against you for using marijuana. This is one of the matters that should be met legally to prevent further damage.

Bottom Line

Drug charges can stay with you for a long time if not dealt appropriately. Contact Earl Jiang at 866-263-7866 and get your case solved legally.