I am an Indian citizen with an Indian passport, working in Paris, France on a long stay/scientific visa. I have been offered a job (faculty position) from a US university from which I also hold a Masters degree and a PhD. I am to start my employment in the USA on 1 May 2015. Since May 2014, I have been working in France, at a lab not affiliated to my US employers.

My employer (US university) petition for an H1B (cap exempt) and my I-129 was approved by the USCIS on 22 Jan 2015. I scheduled an appointment for a visa appointment at the Paris, France US consulate for 12 Feb 2015. My case is currently "open" and awaits my interview.

Since I was working for a lab in France, not affiliated to my US university who have offered me a job, is there a lack of "employer-employee" relationship? I am trying to gage the chances of my H1B being rejected. I realize that expatriates.SE is not meant for legal advice. I need a fresh pair of eyes on my H1B case.

Determining Employer-Employee relationship: link to Memo by USCIS from Jan 8/2010

1 Answer 1


I...you're overthinking it. Your current position has nothing to do with the H-1B petition and your prospective employer.

The employer-employee thing is mainly for people who have no clear employer (self-employed) or a company that contracts people then has them work elsewhere. A normal H-1B (not academic/scientific-exempted one) petition has to include the employer making at least a token attempt to hire a US citizen or permanent resident. That includes publishing ads about the available job. If a contracting company asked for a H-1B visa, have they published ads in their locale or in the locale of the other company where they plan to place the employee, etc.

It's mainly to try to reduce fraud and other attempts to stretch the limits of the H-1B process.

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