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 Raja R. Iyengar, United States
Name
Raja R. Iyengar
Country
United States
State
Virginia
H1B - Pakistan Visit Experience
My Year 2004's Pakistan Visit Experience:
Applied for my H1B stamp
================================================== ====
1. I came to Pakistan in June 15, 2004 with I-797 H1B approval notice
2. Applied for US visa stamp within a week or two
3. Got my passport back with interview req. after 2 weeks of application
4. Went the following day and showed them the following documents
a. I-797 H1B approval notice
b. Job Letter
c. Two recent paystubs
5. I was asked briefly about my job duties and was told that I'll get my passport back after security clearance
Nonimmigrant Visas
H-1 visa stamping at Islamabad
I would like to share my latest H1B visa stamping experience Islambad. My brief background: I came to US first in Aug 2004 on F1 visa with my wife and kid on F2 visas. We visited Pakistan in Jun 2006 while on F1. My H1B status started in Oct 2007. We came to Pakistan in last week of December 2008 and needed to obtain H1B visas to return back to USA. We got our appointment for Jan 9, 2009. VO asked few general questions related to job etc. and examined my original educational documents, letter from my employer, my tax returns and my salary slips.
Nonimmigrant Visas
Guestbook Entry for Venu Perla, United States
Name
Venu Perla
Country
United States
State
Colorado
Guestbook Entry for John C, United States
Name
John C
Country
United States
State
TX
Bonsai Nursery/Facility Manager H-1 Approved Following RFE
We filed an H-1 application for a Bonsai Nursery/Facility Manager. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor’s level education is required for this position. We filed a detailed response, with voluminous evidence the specialized nature of the job. We urged USCIS to consider the merits of the job description and what it would take to perform the job. We argued job titles alone are not dispositive of the nature of a job.
USCIS approved the application.
Nonimmigrant Visas
Immigration Law
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.
Please sign PETITION FOR REISSUANCE within the usa of H-1, F-1, and other NONIMMIGRANT VISAS
I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.