We got an approval for a L1 to H1 with an I-94 effective Oct 1, 2008. But the candidate got an admission for a one year full time MBA program which he wants to pursue and join us in August 2009. His MBA program is starting in September 2008. So, he will be applying for his F1 status soon.
Qo1. What choices do we have to keep the H1 approval valid so that he can join us in August 2009 ?
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.
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.
My friend is working for NASDAQ listed company in US. We were in a discussion about the compensation details available for H1B employee if the company does a lay-off and he is affected due to it. He is on end of his 6th year and just got his 7th year extension.
If something like that happen(not that it should happen) but if that happen what are the compensation he is entitled to get from the company, apart from 2 weeks pay.
There is no special protection of compensation under H-1 laws once employment is terminated. Under immigration laws, the employer is required only pay for a one-way ticket back to your home country. The protection, if any, comes from employment contracts.
U.S. Citizenship and Immigration Services (USCIS) announced today the manner in which petitioners for religious workers must notify USCIS regarding their employment of nonimmigrant religious workers in R-1 status. The procedures are necessary to enable petitioners to comply with the notification requirements established by USCIS regulations governing the R-1 nonimmigrant classification.
1. I had filed for H1B visa last year but the VISA consulate in Delhi denied it as they wanted Tax returns of the Client company and other details which my H1B sponsor company was not willing to share. I was really frustrated with VO at embassy. I then applied to embassy to withdrawn my H1B visa application. I got a confirmation that it has been withdrawn.
Now today after so many days when I checked my H1B status on USCIS, it said " This case has been received from the State Department with a request we review it."
Please let me know what does it mean and does it mean something serious to take care of.
2. Updated FAQ - What are the implications of H1B Visa revocation for future H1b application
1. This means that the consulate sent the case back to USCIS for review, revocation (and may be investigation of the employer). Usually, you should not have any issue with it. But from what I recall, if the case is revoked, you will be subject to the H-1 quota in future.
2. I do not see any implications for the individual unless the revocation was based upon some problem with the individual's qualifications.
[Federal Register: August 19, 2009 (Volume 74, Number 159)]
[Proposed Rules]
[Page 41801-41805]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Proposed Rules
Federal Register
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Please find attached Details of USCIS National Stakeholder Meeting which was held on July 27, 2009.
U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009.
Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.
Here is a document USDOL (Wage and Hour Division) is using to send to employees. This outlines the factors USDOL is most interested in when investigating an employer.
U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective Sept. 8, 2009, they will be required to use the E-Verify system to verify their employees’ eligibility to work in the United States. In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.
U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective today, they may be required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause.
USCIS published a Supplemental Guide providing guidance for Federal contractors on the E-Verify rule. The E-Verify language in the regulation took effect on September 8, 2009.
E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees.
E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.
For E-verify User's Manual Please see attachment.
We have recently won a case following a Request for Evidence for a professor - Ph.D. in Mass Media and Communication. USCIS requested additional “documentary evidence” to support our claim that the applicant qualified under the EB1 Outstanding Researcher and Professor category based on applicant’s publications, acting as a judge of her peers as well as her original contributions.
[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Rules and Regulations]
[Page 51447-51452]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions
Introduction
In a continued effort to assist H-2A employers with preparing their agricultural job orders and applications, the Department has revised the H-2A Filing Tips to alert employers to common filing mistakes which can delay the processing of an H-2A application. The H-2A Filing Tips may be found on the H-2A program page under Factsheets and Filing Tips.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision (§ 274B) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.
This federal law prohibits:
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.
We have used the services of the law offices of Rajiv Khanna for the past 4 years in the processing of our Green Card application (EB 2). I found the team very approachable and knowledgable. Whenever I contacted them with questions regarding my case, they were prompt in their respnse. Recently, I had an opportunity to consult with Mr. Khanna, and that has given me the confidence that our case is in good hands.