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:
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
Continuing work or reverting to STEM OPT during H-1B Change of Status
Question details
Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?
Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?
Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?
FAQ Transcript
1. You can double check with your DSO about the technical issues involved.
2. You have to go back to your DSO and tell them you would like to continue on OPT STEM.
3. All the time.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
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