H1B sponsorship when working as a contractor

[rsk123]

Hello

I am working on a contractor basis and my employer wants to sponsor my H1-B visa. Is this possible?

Please advice, thanks!

[raghvi]

Hello

I am working on a contractor basis and my employer wants to sponsor my H1-B visa. Is this possible?

Please advice, thanks!

You in US or outside US?

I dont see any issue in them sponsoring your H1.

This is my opinion not legal advice.

[rsk123]

@raghvi

Thanks for your reply!

I am in the US right now. Do i need to be a full time employee for them to be able to file an application for my H1 with USCIS?

[raghvi]

@raghvi

Thanks for your reply!

I am in the US right now. Do i need to be a full time employee for them to be able to file an application for my H1 with USCIS?

Are you already on H1 visa? If yes, the employer can file a cap exempt petition for you and once approved can take you on their payroll.

This is my opinion not legal advice.

[rsk123]

Are you already on H1 visa? If yes, the employer can file a cap exempt petition for you and once approved can take you on their payroll.

This is my opinion not legal advice.

Thanks, @raghvi.

No I am not currently on H1 visa.

Primarily, I am asking you this since one of USCIS's requirements for H1B is that there needs to be an 'employer-employee relationship' with the petitioning U.S. employer.

Does working on a hourly paid (1099 tax form) basis with an employer meets this 'employer-employee relationship' requirement?