Guestbook Entry for Rishab Chawla, United States
Name
Rishab Chawla
Country
United States
State
Illinois
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USCIS Memo on Establishing the "Employee-Employer Relationship" in H-1B Petitions
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
Guestbook Entry for DVS Enterprises LLC, United States
Name
DVS Enterprises LLC
Country
United States
Guestbook Entry for Vanessa Trinidad, United States
Name
Vanessa Trinidad
Country
United States
State
CT
Another H-1 approval without end-client letter
We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry.
Nonimmigrant Visas
Guestbook Entry for Harpal Singh , United States
Name
Harpal Singh
Country
United States
State
Tennessee
H-1B - Specialty Occupation
We were recently retained to address a strange problem. An H-1 petition was approved, but the parties did not receive the approval notice for two years. The notice was apparently lost in the mail. They submitted an application for a duplicate approval notice, which also was issued and also lost in the mail. The employer then filed an application for an extension of status, which was granted without an I-94 attached to it.
Status
The case was approved by USCIS with the I-94 attached.
Nonimmigrant Visas
H-1B - Specialty Occupation
Our client, an electronic document management company was issued Intent to Revoke from the Texas Service <span style="font-size: 1
Status
The Beneficiary’s I-129 petition was approved shortly after we filed the Response.
Nonimmigrant Visas
H-1B - Specialty Occupation
The consulate revoked an H-1B in 1999. The client received notification of the revocation from USCIS in 2004. In the mean time he was still working in USA. We argued against these inconsistent and unconstitutional procedures and submitted an application for extension of his status in 2004.
Status
H-1B extension approved.
Nonimmigrant Visas
H-1B - Specialty Occupation
We have filed no less than 200 cases where USCIS had denied the application or objected to an application based on the fact that the title and position did not require professional level employees. So far, we have won almost all the cases we have filed on motions to reopen or as new filings.
Status
H-1B extension approved.
Nonimmigrant Visas
Entering USA, what to expect?
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Importance of having continuity of employment/pay stubs
Here is a question from our clients-only extranet.
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
H-1B Employer Employee Memo of 8 January - Practice Hints
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.