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
Recording for July 11, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQs: Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023 || Assessing eligibility and strengthening profile for EB2-NIW application without a research background
Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023
Question details
My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?
OR do I need to travel back to my Country and apply for an extension after 1st November 2024?
FAQ Transcript
H-1B extensions beyond 6 years are possible through an approved I-140 or a PERM labor certification pending for 1 year. For PERM-based extensions, you can apply before the 1-year mark, but the extension only becomes effective after a full year. For example, if your PERM was filed on November 1, 2023, and your current H-1B expires in October 2024, you could apply for an extension in July 2024. However, the extension would only be effective from November 1, 2024. You may need to leave the country temporarily if there's a gap between your current H-1B expiration and the extension's effective date.
Recording for July 25, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues
H-1B Grace Period Related Issues
Question details
I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?
1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?
2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?
FAQ Transcript
1. Sure. If you're not in the US, you can go anywhere. Please review my post on the immigration.com blog and my article in the Economic Times.
2. If you think it will be difficult to find a job for a long time and are okay with returning to school and earning another degree, you should consider CPT an option. If you do not think you'll get a job relatively quickly, you should try the B-1/B-2 option. People have been getting extensions to B-1/B-2.
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.