Kamlesh Tewary PC

Business Law Attorneys, Attorneys, Corporation & Partnership Law Attorneys

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(732) 662-1893Call Visit WebsiteVisit Website Map & DirectionsDirections1974 State Route 27Edison, NJ 08817 Write a ReviewWrite Review

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Mon - Fri:	9:00 am - 5:00 pm

Places Near Edison with Business Law Attorneys

Piscataway (2 miles)
New Brunswick (6 miles)
South Plainfield (7 miles)
Somerset (8 miles)
East Brunswick (10 miles)
Woodbridge (10 miles)
North Brunswick (10 miles)
Perth Amboy (11 miles)
Old Bridge (12 miles)
Plainfield (13 miles)

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Primary Phone: (732) 287-3836

Phone: (732) 287-0080

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Kamlesh Tewary Attorney

Tewary Kamlesh Attorney

Tewary, Kamlesh

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http://tewary.com

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Business Law Attorneys, Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Immigration Law Attorneys, Labor & Employment Law Attorneys, Legal Service Plans, Patent, Trademark & Copyright Law Attorneys, Tax Attorneys

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Details

Phone: (732) 662-1893

Address: 1974 State Route 27, Edison, NJ 08817

Website: http://tewary.com

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Kamlesh Tewary PC

Adoption

Fraud

Business and Corporate Law

Corporate Law
The firm’s clients range from single-member companies in the Central New Jersey area to well-established corporations with multiple locations all over the world. We have a particular familiarity with the legal needs of information technology firms, especially in the area of business immigration. We also cater to many of the non-immigration needs of our business clients, especially in the areas of employment and corporate law.
Limited Liability Companies
Construction Contracts
Trade Secrets
Intellectual Property
Antitrust

Workers Compensation
Example 1: A temporary employment agency hires a worker and assigns him to serve as a computer programmer for one of the agency's clients. The agency pays the worker a salary based on the number of hours worked as reported by the client. The agency also withholds social security and taxes and provides workers' compensation coverage. The client establishes the hours of work and oversees the individual's work. The individual uses the client's equipment and supplies and works on the client's premises. The agency reviews the individual's work based on reports by the client. The agency can terminate the worker if his or her services are un-acceptable to the client. Moreover, the worker can terminate the relationship without incurring a penalty. In these circumstances, the worker is an "employee."
Employment Contract
Many H-1B petitioners will confirm that the government's position does not reflect reality. Since the Memo's issuance in January 2010, the adjudication of H-1B petitions filed by IT firms has undergone a seismic shift. Virtually every third-party placement case is at risk of an RFE or outright denial over the employee control issue. Further, and most distressingly, adjudicators do not seem to actually apply the "totality of circumstances" standard cited in the Memo, but instead uniformly require a written attestation from the end-client addressing the control issue and confirming its need for the beneficiary's services for the entire requested H-1B validity period. While the Memo (and RFEs based on the Memo) list numerous types of evidence that could theoretically demonstrate control, such as employment agreements, human resource records and tax filings, experience has shown that the paramount document that adjudicators require is the end-client attestation. In short, despite using vague and purposely broad language (e.g., circumstances, factors, guidance), the Memo can be distilled to a single, substantive new requirement in third-party placement cases: end-client confirmation for the requested H-1B validity period, whether in the form of a letter, contract, signed itinerary, etc. Many consulting firms find it difficult to convince end-clients to produce this documentation (even though issuing such letters is probably in the best interest of end-clients relying on the independent contractor tax designation for their consultants). As a result, H-1B petitions are being denied for lack of end-client documentation, even where the contractor has been engaged at the end-client site for many years and where voluminous evidence addressing the various "factors" of control has been provided.
Severance Agreement

Construction Litigation
The Contract Work Hours and Safety Standards Act, which sets overtime standards for service and construction contracts;

Immigration Law

Citizenship and Naturalization
Employment Immigration
Below you will find some links to external websites that provide information on the processing of employment-based immigration applications...
Green Cards
Business Immigration
Our firm has nearly two decades of combined exposure to various aspects of the law, with an emphasis on business immigration. We have experience in handling various issues and concerns that affect our clients in the following areas...
Student Visas
DOS has announced that student (F and M) visa stamps for new students can be issued up to 365 days in advance of the start date for a course of study. The prior policy was to allow stamping up to 120 days in advance. However, students will not be allowed to enter the United States on a student visa more than 30 days before the start date listed on their initial Form I-20. The benefit of this change is to address the long backlogs for visa appointments at consulates, and to help ensure that students can start their degree programs on time.… [link]
Investor Visas
Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 3,000 are set aside for those who apply under a pilot program involving a USCIS-designated "Regional Center."

Tax Law

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