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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