Changes to the H1B Program


Attorney_22
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This week, Murthy Law Firm attorneys will answer questions regarding the forth coming changes to the H1B program.   

Rules for Topic of the Week Threads:

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4. Please do not provide information which would identify any specific company, university or individual.

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7 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding the forth coming changes to the H1B program.   

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

When will these changes - especially education degree requirement become applicable? And will these changes get challenged in federal court ?

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I read that one of the rules is to issue H1B to third party contractors for only an year. Unlike big tech giants like google or Amazon, Many client companies have stopped doing H1 on their own years ago and instead use an vendor company or an implementation partner company like TCS or Infosys etc..

 

Case A - A person works under the payroll of the vendor company like TCS at a client site. There is no third organization involved. 
 

Case B - A person works under the payroll of a company named X. He/she is on a contract basis to a vendor company like TCS which inturn is working for another client. A total of three companies in the mix here. 
 

Given that the employee has a valid degree that is related to the job and the wage level is also matched. Would the one year rule apply? And would it apply to both cases? 
 

Thanks in advance. 

Edited by aravind9989
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Hello All,

I have following question in regards to new h1b rule.

Thank you for your time in advance.

I am employed full time with Employer "A" in Moutain View California as Firmware Developer with 110k per annum. I have a Bachelors's and Masters's degree in Electronics, Embedded Systems, Communications, control systems. Due to the pandemic, Situations are not so good at Employer "A"(possible layoffs in near time).

I got a new offer from Employer "B" with 140k per annum in Oakland, CA. but the Title of the position is Senior Software Engineer. I will be working on firmware development here too.

Technically I will be doing the job of L3 level at Employer "B" and also I won't be managing any team yet. when asked about it we have been told all the levels were removed by the new rule and the new prevailing wage 95 percentile is 208k.

My new employer and I are flexible with the Tile given (maybe Firmware Engineer or Developer) and also The place I work( maybe Permanently Remote ).

Due to the new H1B rule my employer lawyers are concerned and say that the prevailing wage is 208k in the county(Oakland, CA).

Here is the question I have now.

1. can my new employer transfer my h1b with 140k per annum with the title as Firmware Engineer or Firmware Developer.

2. If the above is not possible, can I move to a new place outside California where the prevailing wage is appropriate with 140k, and then can my employer transfer my h1b then.

 

Please correct me if I have stated any obviously wrong statements or mistakes.

And also it would be great if anyone can give me a possible alternate solution to my problem.

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On 10/11/2020 at 11:10 AM, Noah Lott said:

federal courts have no jurisdiction for rule changes to immigration law - USCIS can make almost any change in the rules they wish. Besides, who is going to challenge degree requirements successfully? you? same for wage requirements....the objective of these proposed changes is to reduce the amount of fraud or funny business in the H1B program and move it back towards its original concepts....namely, hiring the best and the brightest, not the desperate and cheapest.

This is completely wrong.

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On 10/12/2020 at 2:34 PM, aravind9989 said:

I read that one of the rules is to issue H1B to third party contractors for only an year. Unlike big tech giants like google or Amazon, Many client companies have stopped doing H1 on their own years ago and instead use an vendor company or an implementation partner company like TCS or Infosys etc..

 

Case A - A person works under the payroll of the vendor company like TCS at a client site. There is no third organization involved. 
 

Case B - A person works under the payroll of a company named X. He/she is on a contract basis to a vendor company like TCS which inturn is working for another client. A total of three companies in the mix here. 
 

Given that the employee has a valid degree that is related to the job and the wage level is also matched. Would the one year rule apply? And would it apply to both cases? 
 

Thanks in advance. 

The one year rule appears to apply if the person will be working at a third-party client location.

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On 10/12/2020 at 11:51 PM, ADISHESHU said:

Hi All,

I have an offer with a new employer. However only pending step is Visa Transfer of H1 B. Wanted to check what are the options that I have to move to new employer as the new employer is mentioning they are reviewing the new H1 B wage rule by DOL before going ahead with the visa transfer.

The DOL wage rule is currently in effect. If the employer wishes to sponsor you, the LCA would fall under the new rule.

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On 10/13/2020 at 2:29 PM, ab8388 said:

Hello All,

I have following question in regards to new h1b rule.

Thank you for your time in advance.

I am employed full time with Employer "A" in Moutain View California as Firmware Developer with 110k per annum. I have a Bachelors's and Masters's degree in Electronics, Embedded Systems, Communications, control systems. Due to the pandemic, Situations are not so good at Employer "A"(possible layoffs in near time).

I got a new offer from Employer "B" with 140k per annum in Oakland, CA. but the Title of the position is Senior Software Engineer. I will be working on firmware development here too.

Technically I will be doing the job of L3 level at Employer "B" and also I won't be managing any team yet. when asked about it we have been told all the levels were removed by the new rule and the new prevailing wage 95 percentile is 208k.

My new employer and I are flexible with the Tile given (maybe Firmware Engineer or Developer) and also The place I work( maybe Permanently Remote ).

Due to the new H1B rule my employer lawyers are concerned and say that the prevailing wage is 208k in the county(Oakland, CA).

Here is the question I have now.

1. can my new employer transfer my h1b with 140k per annum with the title as Firmware Engineer or Firmware Developer.

2. If the above is not possible, can I move to a new place outside California where the prevailing wage is appropriate with 140k, and then can my employer transfer my h1b then.

 

Please correct me if I have stated any obviously wrong statements or mistakes.

And also it would be great if anyone can give me a possible alternate solution to my problem.

1. I cannot tell you what the job requirements or title should be.

2. If the employer wishes to sponsor you for a position where you will work from home, wherever that home is, they may do so.

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