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Articles By morley j. nair

H-1b: Watch Out While Changing Employers   By: morley j. nair
What happens if the beneficiary was unemployed for a period of time before a new employer files an H-1B transfer petition?(read entire article)
View : 181 Times
Category : Legal

Start-up Companies And H-1b Petitions: How To Get Approvals   By: morley j. nair
Start-up companies usually have a lot of apprehensions about being successful in obtaining USCIS approvals for their H-1B Petitions. A little bit of planning and preparation coupled with expert guidance make the process much easier for them. This article looks at various elements of the H-1B Petition process by startup companies.(read entire article)
View : 70 Times
Category : Business

Options For L-1 Employees Facing Prospect Of Losing Job/status   By: morley j. nair
In view of a few leading IT companies 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. This article discusses various options available to such individuals.(read entire article)
View : 65 Times
Category : Business

Likelihood Of 2010 H-1b Visa Quota Getting Capped Early: Act Now!   By: morley j. nair
H-1B petitions can be filed up to six months ahead of the employment starting date, i.e., to start the employment on October 1, the petition can be filed on April 1. In 2007, the USCIS received 123,480 petitions during the first two days of filing. In 2008, the filing period was kept open for the first five business days in April, and more than 163,000 petitions were filed.(read entire article)
View : 62 Times
Category : Business

H-1b Employers Must Pay Prevailing Wage Or Higher   By: morley j. nair
Employers should pay their H-1B employees wages equal to or higher than the prevailing wage. The Department of Labor regulations require that the employer maintain documentation specifying the basis used to establish the actual wage, and the employer must apply the same methodology to determine the wage offered to all U.S. and H1B employees in similar classification when determining the actual wage.(read entire article)
View : 68 Times
Category : Business

Layoffs Of H-1b Employees: Part-time H-1b A Viable Option   By: morley j. nair
For a person employed on H-1B status in the US, a layoff means he/she has to find another employer to transfer the H-1B right away, or be ready to leave the US. Since most US employers intending to layoff H-1B employees have the intention to hire them back when the economy turns around eventually, changing the H-1B position to a part-time one in the interim makes sense.(read entire article)
View : 70 Times
Category : Business

Stimulus-related Restrictions And Fy 2010 Quota H-1b Filing   By: morley j. nair
The recently-signed Employ American Workers Act (EAWA) puts severe restrictions on potential H-1B employers who have received the Troubled Assets Relief Program (TARP) funds, making them “H-1B dependent employers”. But the impact would be minimal for the reason that H-1B workers account for less than one-tenth of one percent of the U.S. workforce including those employed in the banking and financial sectors who are the major beneficiaries of the stimulus package.(read entire article)
View : 72 Times
Category : Business

Three Year Bachelor's Degrees: Good For H-1b, But Not For Green Card?   By: morley j. nair
Until recently, a person with a three year bachelor’s degree (obtained after a total of 15 years of schooling) could be evaluated as having the equivalent of a U.S. bachelor’s degree if he/she had three years of work experience in a related field, using the 3-for-1 formula. But recent decisions by the USCIS show a totally different trend in adjudicating employment-based immigrant visa petitions. But, as far as processing of H-1B petitions go, the above formula is still adopted.(read entire article)
View : 104 Times
Category : Legal

Indian H-1b Workers Deported: Interpretation Of Employer-employee Relationship   By: morley j. nair
The recent deportation of a number of Indian H1B IT workers from Newark and JFK airports has sent shockwaves through the H-1B community. These workers had 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, which made the employer-employee relationship questionable. This situation can be addressed with a little foresight, logical planning, and preparation and maintenance of appropriate documentation.(read entire article)
View : 104 Times
Category : Legal