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.
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.
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
AC21, Adjustment of Status laid off related questions, including the following and more:
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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?
Answer: You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B.
Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Discussion Topics - March 23, 2023
FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||
Release Date
03/27/2023
H-1B Initial Electronic Registration Selection Process Completed
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
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.
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.
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.