When does CIS investigate fraud?
The attached document explains the criteria.
The attached document explains the criteria.
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.
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:
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.
Our client, an electronic document management company was issued Intent to Revoke from the Texas Service <span style="font-size: 1
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.
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.
The Biden Administration's Executive order regulating AI (and STEM immigration). Rajiv in conversation with Yudi. #immigration #AI #executiveorder
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQ’s:
Other:
I am working on an H-1B visa, and I want to leave my job and join full-time school for a couple of years. I want to start working again using my same H-1B visa when my studies are completed. So, how can I do that by staying within the U.S.?
If you have been through the lottery once, you're exempt for the next 6 years. You can go back and resume H-1B without worrying about the lottery. H-1B eligibility is based on your qualifications and job requirements, irrespective of your specific job role.
Is there any legal limit on how many days a H-1B employee can work outside the United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.
My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.
If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.
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