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Importance of having continuity of employment/pay stubs

15 years ago By Chief Editor

Question details

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.

Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.

In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.

For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.

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USCIS Issues Additional Information Regarding the Employ American Workers Act (EAWA) to Employers Filing H-1B Petitions

15 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions.

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Must we withdraw a PERM application if the employee is laid off?

15 years ago By Chief Editor

Question details

I am Mr. Jones, the employer. The employee, Mr. Smith, is no longer employed with us because of company's budget issue. However, we may hire him in the near future if circumstance changes.
My question:
Q1. Do we need to withdraw PERM LC for him that was submitted 2009?

Q2. Question from the employee, Mr. Smith:
If Mr. Smith filed an immigration benefit (e.g. visa, petition, change of status), does he need to answer YES / NO to the following question: "Has an immigrant petition ever been filed for you?" Basically: does submitting PERM/LC mean filing an immigrant petition? This question is often asked in application.

A1. I do not know of any law that requires an employer to withdraw a PERM application if an employee leaves or gets laid off, but the employer still retains a good faith intention to hire them back. When we first filed the PERM application, we filed it in good faith, asserting to the USDOL under penalty of perjury that:
You have enough funds available to pay the wage or salary offered the alien and you will be able to place the alien on the payroll on or before the date of the alien’s proposed entrance into the United States.

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H1B Status

15 years ago By Chief Editor

Question details

My wife is on H1B and now she is 7th month pregnant. If she takes leave on non-payment, will she be in H1B status or out of status?

As long as the leave of absence is reasonable and customary (or required by medical necessity), she should be considered in status.

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Out of Status

15 years ago By Chief Editor

Question details

How many months gap is permisible for H-1 and also in GC process if person is on H-1 ?

I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock )

(Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )

A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'

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USCIS to Offer Free E-Verify Informational Seminars for Federal Contractors

15 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) invites federal contractors and subcontractors affected by the Federal Acquisition Regulation (FAR) E-Verify clause to attend a free E-Verify informational seminar on Feb. 23 or 24 at 2451 Crystal Drive, Arlington, Va.

Each two-hour seminar will include a demonstration of the E-Verify system, presentations concerning issues related to the employment verification process, and question and answer segments with government representatives.

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Guestbook Entry for SL, United States

10 years ago By Anonymous (not verified)

Name

Country

United States

State

Comment

Our organization has worked with Mr. Khanna for almost 10 years, and retained their services for our immigration needs related to H1 and Green Card filings. Mr. Khanna’s advice has helped us as well as our employees in the most critical immigration related issues. I have worked very closely with Anna Baker, Rena Waddell and Vijay Durgam. I would say that Mr. Khanna has an excellent team in place, extremely approachable, efficient, having an eye for detail, helpful and professional. Inspite of the large volume of cases handled by their office; they manage to review minute details of each case, bring forth concerns if any in a timely manner, along with solutions to handle the concerns. We have secured a 100% success rate in all our filings till date through their office. Reason – efficient and trained staff, and above all Mr. Khanna who has always made himself available for any guidance which may be required. The community conference calls hosted by Mr. Khanna have been highly appreciated by employers as well as employees. This is a free service to the community and is commendable. Mr. Khanna has always provided the right guidance, at the same time keeps his clients updated with latest regulations / amendments. We look forward to work with him for many more years to come. Would highly recommend Mr. Khanna’s office for any immigration related matters and guidance. Good Luck to you and your team Mr. Khanna; keep up the good work! Appreciate it!