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How to prove Employer Employee Relationship in an H1B Petition?

Employers (Petitioners) are frequently faced with Request For Evidence (RFEs) issued by USCIS, requesting employers to prove the employer employee relationship in an H-1B Petition. The Answer is Right of Control. Right of Control An H-1B employer has to establish right of control over the employee’s work for the entire period of H-1B. This primarily …

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H1B Visa

H-1B Visa Overview H-1B is a work permit, also known as an employment based non-immigrant visa which would allow a person (beneficiary) with skills in a specialty occupation to work in the United States for a US employer (petitioner) temporarily. Only a US based employer (petitioner or employer) can petition for an H1B visa to …

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What documents should I carry for H1B visa stamping, when transferring my H1B from original employer to current client?

I am currently on Company A’s H1B, and am working client Company B. I am joining company B on 21st, and will be traveling to my home country on 24th. Company B has already applied for my H-1B transfer. My visa has expired and I will have to go for stamping while coming back. I will …

Read moreWhat documents should I carry for H1B visa stamping, when transferring my H1B from original employer to current client?

Will I be considered out of status if I have not received my I-20 on time when changing my status from H1B to F-1 visa?

Hi, My H-1B expires on Dec 11. I plan to change my status to F-1 and have applied to a university. I might not receive the I-20 before Dec 11 and I will not be able to send the change of status application to the USCIS before Dec 11. Please let me know if it is …

Read moreWill I be considered out of status if I have not received my I-20 on time when changing my status from H1B to F-1 visa?

Can I go for visa stamping on both employer petitions approved in the H1B cap?

I am currently in India. Employers A and B, both filed would be filing my H1-B in the coming year’s H-1B Cap quota, and the effective employment date will be October 1. Supposedly, if both H-1Bs get approved, can I go for stamping for both employers? An H-1B petition approval does not guarantee visa approval. …

Read moreCan I go for visa stamping on both employer petitions approved in the H1B cap?

Can I travel outside of the United States being on H1B, if my PERM (labor certification) has been approved and I-140 is pending?

I have an approved PERM labor certification for Greencard, and my employer has also filed for my I-140 petition (“Greencard”) which is still pending. I have been on H-1B for almost (5) five years, and my H-1B period expires in (1) one year. Can i go to my home country and come back? Do i …

Read moreCan I travel outside of the United States being on H1B, if my PERM (labor certification) has been approved and I-140 is pending?

Can I still travel outside the United States, if my H1B transfer is in process/pending?

I came to the US on an H-1B visa of Employer A, and then filed for an H-1B transfer with Employer B. My I-94 and visa are still valid. I have already begun working with Employer B. Can I travel outside the United States, while my H-1B Transfer is pending? Yes, you can travel, since …

Read moreCan I still travel outside the United States, if my H1B transfer is in process/pending?