Immigration questions and answers by Chaudhary Immigration Attorneys, licensed immigration attorney.
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H1B Lottery Done
USCIS completed its lottery.
Well, they done did it. USCIS completed a lottery to select which H1B visa petitions will be considered this year. This year there was no prior indication that a lottery would be conducted, as there had in previous years. We simply received the announcement this afternoon that it was done. Hopefully our office’s petitions will be selected. Here's the announcement if you'd like to read it. USCIS Completes H1B Cap Random Selection Process for FY19.
More later, but in honor of the lottery announcement, here's a song:
The government has started the squeeze on OPT. It looks like 3rd party staffing as well as remote work situations for OPT trainees are either completely out, or, restricted enough to eliminate practical benefit to IT staffing "companies" using foreign IT students. Now, this may not be too much of a disruption for entities following the spirit of OPT as a training program. After all, it is called OP-T, not OP-W, because it is for training experience and not intended to serve as a back-door work program. But some entities will see a major roadblock in the way they've been doing business, and it seems USCIS is concerned most with these companies in its January 24, 2018 Update. The IT staffing "consultancies," especially the one guy LLC who collects billable hours by passing Java and Sharepoint resumes, through his apartment computer in Piscataway, to 2nd and 3rd tier subvendors (or his own dummy LLCs), must now abide by restrictions not previously in place. Yo…
It seems the immigration scammers become bolder every day. Today I came across this little gem posting for indentured servitude amongst the foreign student population. And why not? As I said before in previous posts about IT consultant abuse, there are no prevailing wage requirements for foreign student trainees like there is for H1B visa workers. However, this erstwhile recruiter forgot the U.S. has another area of law that governs fair labor for everyone. For fun, how many violations in this post can you guess?
So, in the spirit of Jeopardy and honoring Alex Trebeck, here are the "questions":
1) What is a maximum age requirement? 2) What is hiring someone from a specific immigration category? 3) What is inducement into prohibited work arrangements? 4) What is the requirement of work authorization before a job offer?
Recent I was asked the following question: I work full-time as a software developer in H1b status. Now a local college has asked me if I can join as an adjunct teacher and teach a computer science class for only 4 hours a week. It is a government college and is willing to apply H1B. Can I work/teach part-time in that college? Is premium processing available?ANSWER: Yes, this should work. You can have what is called a concurrent H1B visa, i.e. more than H-1B at the same time. You just need to make sure that the second H1B application clearly indicates that it is a concurrent H1B petition and not a change of employer or replacing your current employment in any way. Also, you must continue to abide by all the terms of your original H1B. Premium processing for the teaching job is indeed possible, but prevailing wage determination's and LCA's take time. As such, you may consider using a private service for your prevailing wage determination, or just use Online Wage Librar…