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  • Can we hire this person?

    Ali is currently working for a school. The school needed teachers and apparently couldnt get anyone in the area so they hire foreigners. Ali (who is extremely qualified) apply for a work visa in his native country. But the school didnt hire him directly. Instead, an american company (which I belives provides teachers al over the US) hire him and placed him in the school.

    Ali came with a H1B visa and his 3 years will expire soon. The school has not requested the company (the real sposor) the renewal of Ali's services. Now Ali is looking for a job.

    My workplace will be interested in hiring Ali. My question is: Can we do it without filing any special paperwork? (Can Ali file an extension of his work visa by himself if he finds a job?). My workplace doesnot want to become to start an administrative process for Ali. They just want to hire him if he is legally able to work.

    Answers will be appreciated. Thank you.

  • #2
    Ali is currently working for a school. The school needed teachers and apparently couldnt get anyone in the area so they hire foreigners. Ali (who is extremely qualified) apply for a work visa in his native country. But the school didnt hire him directly. Instead, an american company (which I belives provides teachers al over the US) hire him and placed him in the school.

    Ali came with a H1B visa and his 3 years will expire soon. The school has not requested the company (the real sposor) the renewal of Ali's services. Now Ali is looking for a job.

    My workplace will be interested in hiring Ali. My question is: Can we do it without filing any special paperwork? (Can Ali file an extension of his work visa by himself if he finds a job?). My workplace doesnot want to become to start an administrative process for Ali. They just want to hire him if he is legally able to work.

    Answers will be appreciated. Thank you.

    Comment


    • #3
      An H1-B visa entitles its holder to work in America...but ONLY for the sponsoring company and ONLY in the specific job for which the visa was issued.

      Unless your company successfully sponsors this individual for an H1-B visa...or he is somehow independently authorized to work (U.S. citizen, permanent resident or someone with temporary - unrestricted - employment authorization), you will NOT be able to employ him.

      It would appear that he is eligible to apply for a second H1-B visa, for a total of six years, but he would need a sponsor to do so.

      Comment


      • #4
        He has found out that we will have an opening soon and he has contacted us sayig he will be interested in the job. He didnt mention anything about his legal situation. My boss believes that he will be able to work because he has been doing so.

        Is this sponsoring thing (as an employer) complicated? Or is it just filing out a form and paying a fee?

        Comment


        • #5
          It is not very complicated but requires filing of several forms and paying a fee. You may want to contact the company that originally sponsored him as they appear to know the process and are likely to succeed (for an additional fee I imagine).

          Comment


          • #6
            If the person concerned is working with an H1-B visa, the simple fact that he is working will still NOT allow you to employ him. H1-B visas have many restrictions, one of which is that a person MUST ONLY work for the sponsoring company.

            If your company offers him employment, he will have to complete the I-9 form to ensure the lawful ability to work in America...and present documentary evidence of said eligibility.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
              If the person concerned is working with an H1-B visa, the simple fact that he is working will still NOT allow you to employ him. H1-B visas have many restrictions, one of which is that a person MUST ONLY work for the sponsoring company.

              If your company offers him employment, he will have to complete the I-9 form to ensure the lawful ability to work in America...and present documentary evidence of said eligibility. </div></BLOCKQUOTE>
              The situation is not simple, but it is not very complicated either. The OP's can either file for the immigrant worker on their behalf or contact the sponsoring company with a similar leased employee arrangement and have that company renew the H-1b visa. In either case, it is not only legal, but also a standard form of business practice, even when employment immigration is concerned.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                Cayta,you have to fill out some forms for H-1B but a solution will be if Ali hires an attorney who can help with all the papwer work but only if your workplace provide some info and officials signs those forms, paying fees also, the immigration specialist can make it very easy for your company apply for Ali's extension of H-1B.You can find some info regarding H-1B at cristina@usimmigrationforall.com

                All the best!

                www.USImmigrationForAll.com
                Frank G. Becker & Associates
                www.USImmigrationForAll.com

                Comment

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