New H1B Memo – Valid/Invalid Employer Employee Relationship

If you are planning to work for an IT consulting company, you have to look at many things, or else you are looking for trouble.

So, what kind of job is considered acceptable and unacceptable (problematic) to prove an employer – employee relationship?

Valid  Employer – Employee Relationship

  1. Traditional Employment [Full time / Direct Employment]
  2. Temporary / Occasional Off-Site Employment
  3. Long-Term / Permanent Off-Site Employment
  4. Long Term Placement at a Third-Party Work Site

Invalid Employer – Employee Relationship

  1. Independent Contractors
  2. Self Employed Beneficiaries [H-1B Sponsored by self]
  3. Third-Party Placement – “Job-Shop” [Many H-1B workers will belong to this category]

15 Comments

  1. Rohan on April 24, 2010 at 10:21 PM

    My visa status is – Document production or Oath Ceremony
    But my current consultant is not ready for stamping as his company are undergoing some changes. Can I transfer my current visa petition to any other employer?

  2. NewB on April 15, 2010 at 4:29 PM

    Hi All, Any legal help can be appreciated here.

    [CASE]

    1. Employee working for a end Client 'C1' through the Level-1 preferred vendor 'A'

    2. Employee transfers the H1B from preferred vendor 'A' to Level-2 vendor 'B' for a different end Client 'C2'.

    3. Is it going to be a valid Employee-Employer relationship? Considering the fact that employee get salary more than the needed salary for H1B. USCIS approves this kind of H1B transfer?

    Thanks in Advance.

  3. kris on February 12, 2010 at 7:12 AM

    What will happen if employer pays the h1b employee less (less than $49K) than agreed annual compensation(pay).

    What will be the consequences while filling the tax return?

    What happens if not monthly payed?

    Please reply as soon as possible.

    Thanks,

    kris

    • kris on February 15, 2010 at 6:11 PM

      Any ppl in this situation please reply ASAP, I am deadly need suggestion in this regard?

      thanks,

      kris

      • kris on February 17, 2010 at 5:59 AM

        So sad that no one has yet replied to this request. ppl please do share if anyone is in this situation.

        I warmly welcome any suggestion and my sincere appreciation to any help.

        just keeping my fingers across and waiting for the solutions.

        Thanks,

        kris

  4. HEERA on February 8, 2010 at 4:06 AM

    Hey frnds..

    Please help…I am wrking past 4 yrs in a Very large engineering firm in india , which has decent presence in US…

    Well, they have applied for my Visa & then i got my petition approved & in the interview scheduled recently….

    i got a pink slip in Chennai consulate, & they took my passport & didnt ask for any other additional documents …they have asked me 2 wait for 4 to 8 weeks…

    I got a case number & asked 2 track daily.

    wat do u guys suggest ..is it still viable case or else i shud give up ..

    please suggest ..i am really not able 2 decide…

  5. mayur on February 4, 2010 at 6:00 PM

    Hi,
    My employer is willing to sponsor me for H1B But i am not getting 55k per year i make less than that but its a full time job and i am a web developer. and i have a master degree in computer science. and i am on F1 right now. will be eligible to apply for H1.

  6. Mohan on February 3, 2010 at 3:24 PM

    Hi,
    I got H1B Petition approved.. but I didn't get proper documents from the Sponsor.. Is it possible to withdrawn the H1B and Apply again with new Sponsor in next year cycle..

    What is the impact ?

    • HSB on February 4, 2010 at 6:44 AM

      It's not required to transfer apply for new H1, you can transfer your H1 to new employer.

  7. sanjay on February 3, 2010 at 6:29 AM

    Has anyone heard of DB Healthcare staffing?

  8. cli on February 1, 2010 at 2:07 PM

    My employer file the application for my H1-B extension. I finally got the receipt number from the employer. The status online said that the case was approved on Nov 25, 2009. But my employer hasn't received anything, being it email or paper.

    My employer already request another email notice. Does anyone know how long it takes to get an email notice?

    My employer mentioned something like they called the USCIS and was told that the case has been transfered to case resolution center. Does anyone know what that mean?

    Thanks

    • cli on February 1, 2010 at 2:09 PM

      BTW, my employer was using the premium service.

  9. tej on January 29, 2010 at 1:55 PM

    If I work with consultancy with 1 layer in between, is it valid Employer – Employee Relationship?

  10. Naiya on January 28, 2010 at 6:06 PM

    What is self employed beneficiaries [H1B sponsored byself]?

    I thought only employer can filed my h1b.

    • HSB on January 28, 2010 at 7:25 PM

      From the Memo itself – For example, the H-1B employer is a fashion merchandising company that is owned by the H-1B employee. The H-1B employee is a fashion analyst. The H-1B employee is the sole operator, manager, and employee of the petitioning company/H-1B employer. The H-1B employee cannot be fired by the H-1B employer/company. There is no outside entity which can exercise control over the H-1B employee. The H-1B company has not provided evidence that the corporation, and not the H-1B employee herself, will be controlling her work.

      Refer to Page5 and 6 of the actual memo.

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