Guestbook Entry for Krishna Sagar Rao, United States
Name
Krishna Sagar Rao
Country
United States
State
NJ
Search
New company filing H-1
Question details
We have started a company recently and wanted to sponsor H-1B for experienced employees and place them with our clients. What is the criteria and can a new company sponsor H-1B?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
H-1 employer not paying
Question details
My employer did not run my payroll. He told me that we are going to get the project money after 2 months from client. Can I do something for that? If they do not run payroll can it create any problem?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
Can H-1 Visa Workers Do Business in the USA
Can H-1 Visa Holders Do Business in the USA?
A community discussion
USCIS Issues Additional Information Regarding the Employ American Workers Act (EAWA) to Employers Filing H-1B Petitions
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.
Immigration Law in the Workplace
Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
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Profession/Occupation
Green Card
Immigration Law
Guestbook Entry for DVS Enterprises LLC, United States
Name
DVS Enterprises LLC
Country
United States
Comment
Our company has worked with the Law Offices of Mr Rajiv S Khanna for the past few years and he and his team has handled all our immigration needs. His team of Ms Baker and Ms Fisher have done another great job for one of our employees H1 extension case. It is seldom that you find companies with such remarkable bunch of people working in one team. Their work is very timely and efficient. They are always on top of things. We look forward with working with them in the future for all our immigration needs. Thanks team Rajiv. DVS Enterprises, LLC
H-1B Advisor
The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given.
Both employees and employers can benefit from elaws.
Guestbook Entry for Arun Lanka, United States
Name
Arun Lanka
Country
United States
State
Illinois
Comment
Rajiv Saab, I have used your firm a few times in the past 3-4 years mailnly for H1 queires and a couple of times to take general legal opinion on Immigration. All the times I interacted with your firm, I found you and your staff very polite, helpful and professional. Fortunately all the cases very successful with your help. Along with you I would like to thank Anna Baker and Leslie Hager for their support. Wish you all the best and hope many others will be benefited through your firm.
Guestbook Entry for Madhavi, United States
Name
Madhavi
Country
United States
State
Nj
Comment
Mr. Rajiv Khanna helped us alot with our company's green cards and H-1B extensions. It was great working with Anna & Rena in the H-1B department and also in the green card department Seema, Richa, Prerna & Matthew helped us with PERM and I-140. Last but not least I would like to thank Leslie for scheduling the calls.
New H-1 employee returning -- rights and issues
Question details
Our employee XYZ has arrived in the US. However, it appears that because of the job market in the US, he is going to return home to his old job. I know you said they are allowed to return back to USA at a later date if they choose to work for us down the road. But my question is how long may he stay without getting paid until he must return home? I know you sent me information about benching, stating:
Q. What is the law regarding the benching of H-1 holding employees?
A. The law does NOT permit benching without full salary payment by the employer. The only exception is that when an employer first hires an employee on H-1B they are allowed an initial period of 30 or 60 days during which the employee does not have to be paid while on bench.
i. If the employee is currently in USA and adjusts status or transfers from one employer to another within USA - the bench-without-pay period is 60 days from the date of approval of the petition by INS.
ii. If the employee is entering USA from abroad, the period is 30 days from the date of entry into USA.
If I'm interpreting this correctly, we must pay him no later than day 30 of his arrival here in the USA?
There are a couple of issues I want to clarify. The period of payment begins on the earlier of the two events: when the employee presents himself/herself for the job or 30/60 days. DOL considers it to be irrefutable evidence of having reported when a consulting company starts "marketing" the resume (Note also that to bring an employee in without a project has been elevated by this administration to be an indictable offense, which I think is unlikely to stand up in courts).
When does CIS investigate fraud?
The attached document explains the criteria.
H-1 Compliance: Wage Source; Exempt Employees; Posting; Starting Payroll; SSN; When to amend
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.
US Immigration Q&A for Employers, Webinar with ITSERVE
Subscribe to our YouTube channel for latest immigration updates in Biden Administration
The URL for the channel is:
Profession/Occupation
Immigration.com
Nonimmigrant Visas
Covid Coronavirus Question from Employers about Payroll for H-1B and others L-1, E, etc. employees
Question details
We are looking at various measures of safety and expense control. First and foremost everyone is working from home for their on safety and wellness. For expense control one idea that we were discussing was a potential pay rate reduction for a short period of time.
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
How to deal with H-1B Employers paying salary less than required?
Profession/Occupation
Nonimmigrant Visas
Immigration Law
Can an H-1B holder (or applicant) do business in the USA?
Profession/Occupation
Nonimmigrant Visas
Immigration Law
USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship
Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions
Introduction
I-140 Withdrawal vs NOIR in AC21 Context
Question details
A couple of questions I have in extension to the I-140 withdrawal by employer are below. If I have I-1485 pending for more than a year via company A and I join company B using my EAD/AC21:
a. what will be the impact if Company-A decides to withdraw/cancel/dissolve the I-140?
b. Is there a possibility for a NOIR to occur on the I140 which had been approved in 2011? If yes what is the impact in either cases?
What are the measures I need to take in either case?
a. No effect on your AC21 right, but you cannot extend future H-1 (if you need them).
b. Oh yes.
USCIS Updated Questions &Answers on the H-1B Employer-Employee Relationship
Question details
Does this memorandum change any of the requirements to establish eligibility for an H-1B petition?
No. This memorandum does not change any of the requirements for an H-1B petition.
Employers responsibility in H-1 process - Updated 2/22/2009
A new member of our community, Blueheron wanted to know -
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.
Guestbook Entry for Raja R. Iyengar, United States
Name
Raja R. Iyengar
Country
United States
State
Virginia
Comment
I have known Mr. Khanna and his team for over 15 years now, and have exclusively used their services any time there has been an immigration related need personally or for my organization. They just have a knack for getting things done and I will unequivocally recommend their services to anyone.
I strongly recommend Rajiv's services for any of your immigration needs as he is one of the best attorney in the immigration services. We utilize & retain his office services for all our coporate & immigration needs. Krishna Sagar Rao President & CEO Global Soft Systems,Inc.