When does CIS investigate fraud?
The attached document explains the criteria.
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H-1 Compliance: Wage Source; Exempt Employees; Posting; Starting Payroll; SSN; When to amend
1. Is it advisable or compulsory to get the prevailing wage determination from the states or Online Wage Library is enough at the time of taking LCA? Because most of the time we are taking the LCAs for the job titles like: Software Engineer, Programmer Analyst and System Analyst for which the wage determination available in the online wage library.
Ans. OES wages can be used as long as the correct job category and job level are used. Applying for prevailing wages from the govt. is time consuming, but does have the benefit of being almost beyond question in case of an audit.
H-1 Quota - what is acceptable evidence for degree
When filing for H-1, it often becomes an issue as to what is acceptable evidence that a foreign employee has completed their degree requirements.
USCIS has stated:
Rajiv's Article - President Biden hands another win to H-1B holders and Indian students in the US
Published by: The Economic Times - Date: February 02, 2021
FY 2022 H-1B Cap Initial Registration Period Opens on March 9
USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations.
Feb 4, 2021 Recording of Free Community Conference Call (Every Other Thursday)
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Immigration Law
Green Card
Substantial transcription for video
FAQs: Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485 Age Out/CSPA for children immigrating to the US
OTHERS: Completed I-765 form with a mistake, will the application get rejected || I-140 is withdrawn before 180 days of pending I-485 and EAD application || WD 7A1 stamp and future vacation travel to US || B-2 visa duration and extension || Getting a US Passport under Section 320 for a Minor || Wait for H-4 EAD or convert visa from H-4 to F-1 (finishing graduate degree online) by traveling to India for visa stamping || On F-1 visa stamped for 5 years for 1-year graduate course and unclear when required to leave || Applying for a re-entry permit after receiving green card || USCIS Receipt Notice Delays for I-140/EB-1C || H-1, H-4, EAD expiring: H-1 extension already filed || B-2 extension and RFE responses for parents during covid || Applying for H-4 after marriage with an approved I-140 || Moving to H-1B from Adjustment of Status if currently working on EAD || L-1A Stamping in Canada instead of India - Advantage || Maintaining H-1B status while waiting for green card || AOS filing and processing questions with H-1 and H-4 parents and child on F-1 now over 21 || Downgrading and processing time issues.
F-1 Students Travel During OPT or H-1B Process
Update 1- Feb 8, 2021
Can students on OPT CPT work remotely during the COVID times. ICE says yes. See from page 12 on of this FAQ released by the govt.
https://www.ice.gov/doclib/coronavirus/covid19faq.pdf
Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485
Question details
I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.<br>
1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?
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2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?
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3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?
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4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?
FAQ Transcript
Rajiv's Article - Can an H-1B employee work from India? - The Economic Times
Published by: The Economic Times - Date: February 12, 2021
Rajiv's Article - Will the petition against H-1B visas harm you this year? - The Economic Times
Published by: The Economic Times - Date: February 15, 2021
USCIS Reaches Fiscal Year 2021 H-1B Cap
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2021.
US Immigration Q&A for Employers, Webinar with ITSERVE
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Profession/Occupation
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Nonimmigrant Visas
US Immigration Q&A with Yudi (on behalf of students & young professionals)
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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
Rajiv's Comments in the News - US to continue existing H-1B visa selection process in FY22
Published by: The Economic Times - Date: February 06, 2021
Hi
I am really thankful to Mr. Rajiv Khanna and Ms. Judy Dumas who applied for my H1B Visa and I got my visa approved pretty soon without any query....
I really appreciate Your services...
Kind Regards
Harpal