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H-1B Transfer Issues
1 Sep 2011

A perennial question that we are confronted with: After an H1B transfer, should the beneficiary leave the US and obtain the H1B stamp to work for the new employer?

Out of Status Issues/Benching of H1Bs
27 Aug 2011

Benching usually refers to situations where the H1B beneficiary is not working for the H1B employer.

Should an employer withdraw an LCA?
20 Aug 2011

In these times of layoffs and uncertainty of employment, we are asked this question quite often: As an employer, should we withdraw a Labor Condition Application (LCA) when we lay off an H1B Employee, in order to avoid wage obligations?

Consequences of being “out of status”
10 Aug 2011

The issue of “status” becomes critical when another employer files an H1B transfer petition (or change of status) on behalf of the H1B employee. He/she is to produce proof that the H1B status is being maintained, i.e., the latest pay stubs. If such documentation is not produced, USCIS is generally not convinced that the alien has maintained lawful status. Also, an out-of-status alien is deportable.

Economic Downturn and Layoffs: Part-time H-1B a Viable Option
3 Aug 2011

Prompted by the current economic downturn, we get a number of queries about the advisability and procedure to change full-time H-1Bs to part-time employment

Three year degrees good for H-1Bs, why not for Immigrant Visas?
27 Jul 2011

We are often asked this question by our clients who had no problems in getting H-1B approvals with their three year degrees (mostly from South Asian countries), but face degree equivalency issues when it comes to the processing of their employment-based immigrant visas.

How long can an alien work after his/her H-1B validity expires?
20 Jul 2011

H-1B validity is granted for a period of three years. After that, an extension can be granted for a further period of three years. At the end of the six year period, extensions can be granted at one year increments if ...

Salary Obligations of H-1B Employers
11 Jul 2011

Employers should pay their H-1B employees wages equal to or higher than the “prevailing wage.” The employer should also preserve documentary evidence supporting the wages/salary offered.

Indian H-1B Workers Deported: Interpretation of Employer-Employee Relationship
23 Jan 2010

The recent deportation of a number of Indian H1B IT workers from Newark and JFK airports has sent shockwaves through the H-1B community. H-1B employers, employees and their attorneys alike are flabbergasted by this brazen act of official highhandedness where individuals arriving on H-1B visas were singled out even before their primary immigration inspection, put through a sham questioning, forced into making coercive statements, issued expedited removal orders, and sent back! Their crime? They landed in the U.S. with legitimate H-1B visas to work for genuine U.S. employers, but at a location other than the employer’s office, i.e., at a client site or third party site!

H-1B Count: The Suspense Continues
17 Dec 2009

As of December 11, 2009, USCIS has received 62,900 H-1B cap-subject petitions.

Only 1,300 H-1B Slots Left!
27 Nov 2009

The latest numbers released by USCIS indicate that the H-1B filings this fiscal year are close to getting capped.

H-1B Quota: When Will It Get Capped?
7 Oct 2009

ust take a look at the slow movement of numbers after the initial filing "window" of five business days in April 2009. On April 9, USCIS announced that 42,000 petitions were filed against the general quota.

Denial of H1B Petitions
27 Aug 2009

We are flabbergasted by the high number of denials this year. At our office, the number denials received this year so far equals the total number we received in the past twelve years!

RFEs And Anxious Clients
21 Jul 2009

This year, immigration practitioners have seen a multi-fold increase in the number of Requests for Evidence (RFEs) issued by the USCIS on H-1B petitions.

LCAs Under the New iCert System: More Stress for Practitioners!
11 Jun 2009

The recently introduced iCert system for LCAs is anything but an improvement over the old system!

Unprecedented Number of RFEs on H-1B Petitions
25 May 2009

Something unprecedented has been happening lately. USCIS has been sending out an unusually large number of Requests for Evidences (RFEs) for H1B petitions.

Newly Introduced H1B/L1 Legislation Poses Serious Challenges
29 Apr 2009

The new H-1B and L-1 program reform legislation recently introduced in the U.S. Senate poses serious challenges to both professionals who are the potential recipients of these visa categories as well as U.S. corporations who are their employers. If this legislation eventually gets passed and becomes law, it would just have the opposite of the effect intended by its proponents.

H-1B Update – Regular Quota Nowhere Near Cap!
8 Apr 2009

During the first five business days (i.e., until April 7), USCIS has received nearly enough H1B Petitions to meet the US advanced degree quota, but just half the number of petitions needed to meet the regular quota cap.

Stimulus-Related Restrictions And FY 2010 Quota H-1B Filing
25 Mar 2009

The Employ American Workers Act (EAWA), signed recently by President Barack Obama, puts severe restrictions on potential H-1B employers who have received the Troubled Assets Relief Program (TARP) funds. The Act makes such employers “H-1B dependent employers”, forcing them to make attestations including efforts to recruit US workers, offering non-discriminating wages to H-1B non-immigrants and US workers, and not causing displacement of US workers.

How soon to intiate cap-subject H-1B Petitions?
2 Mar 2009

How soon should we get to you the information and documents to prepare the 2010 quota-subject H-1B petitions?

L-1 Employees Facing Prospect of Losing Job/Status
19 Jan 2009

In view of a few leading IT companies from India coming under a cloud of uncertainty, we have been getting calls from anxious employees who are on L1 status exploring options for change of status to H-1B...

Pro-H-1B Secretary of Homeland Security?
23 Dec 2008

It is widely expected that the H-1B debate (more precisely, talk about increasing the H-1B numbers) will gather momentum with the appointment of the pro-H1B Gov. Janet Napolitano as Secretary of the Department of Homeland Security.

H-1Bs in 2010 - What to Expect
1 Dec 2008

We have been receiving anxious queries from our H-1B employer-clients about the likely H-1B scenario in the coming year.

Global market meltdown: What does it mean for 2010 H1B quota?
27 Oct 2008

How would the fresh H1B filings against the 2010 quota (to start on April 1, 2009) would get affected by the current turmoil in global financial markets? This is a question in the minds of several of our corporate clients.

Changes to H-1B application process?
18 Oct 2008

It has been mentioned in the media that the government is considering changes to H-1B application process in the wake of the recent USCIS report of finding technical violations.

Major Violations by Employers in H1B Compliance
11 Oct 2008

A recent USCIS Benefit Fraud and Compliance Assessment has found widespread fraud and technical violations in H-1B petitions, ranging from fake documents to fraudulent degrees to non-existent (or shell) companies acting as Petitioners.