Note to H1Bs Traveling to U.S. and Working for Consulting Companies Posted 14.Jan.2010; updated 22.Jan.2010
©MurthyDotCom
[We also recommend that those interested in this article, read our January 22, 2010 article, H1B Memo on Employer-Employee Relationships and 3rd-Party Placements.]
©MurthyDotCom
The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India or other home countries, and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of “employer” and “employee” particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
MurthyDotCom : NewsFlash Note to H1Bs Traveling to U.S., Working for Consulting Companies.