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jludwic, Lawyer
Category: Employment Law
Satisfied Customers: 28074
Experience:  30 years experience as a business/employment immigration attorney
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Researching law/policy on h1b's working as contractors for

Customer Question

researching law/policy on h1b's working as contractors for State Governments
JA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?
Customer: that are ready to lay off a US Citizen to keep the H1B
JA: Please give me a bit more information, so we can help you best.
Customer: the contractor is employed by an external vendor
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: and placed with the State of New Jersey
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Employment Law
Expert:  jludwic replied 5 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.Unfortunately, companies get around the lay-off provision by using contractors!In fact, 2 years ago Disney terminated 100s of employees and then proceeded to fill those same positions through a contractor who used H1B workers.Are you asking if there is any way you can be recompensed for your loss because of this tactic?Judith
Customer: replied 5 months ago.
I read about the Disney story. Thanks for your response. I am blnot sure of my next steps. I am not asking about being compensated. I just wanted to know if it was legal to do that.
Expert:  jludwic replied 5 months ago.
It is not a violation of the Immigration laws nor is it a violation of the LCA because they are using "contractors: The direct employer cannot lay off and then re-hire foreign workers but a contractor can.I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith

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