IT Contractor vs full-time Employee (in relation with H1-B and Green Card).

[matiman]

IT Contractor vs full-time Employee (in relation with H1-B and Green Card).

Hi folks,

I am F-1 visa holder and I am studying Masters in Computer Science and I will be out for CPT after 6 months (I also have a 2 years of experience back in home country). As you know, for international students, having a Green card in US will make your life easier. So I am planning a way to get a Green or at least H1-B as quick as possible.

One lawyer told me that if I get a contract with one IT company (either by myself or through agencies), there are some other H1-B holder companies who can take up to 30% of my salary and process (sponsor) either H1-B or Green card within two years. Is that true and legal?

Please advice or guide me the best options that will help me to get the process started as soon as possible. What is the advantage and disadvantage of processing this way?

I also heard that, if I get a full time job, there might be a chance of getting H-1 B sponsored by the company. But, the company may delay your process (even for 6 years), or they may fire you at any time, and they may even lower your salary. I don’t want to take this all risks. But, I would rather take a contract and deal with all of its risks, because the rewards might be quick and satisfying.

Thank you.

[H1BVisaHolder]

IT Contractor vs full-time Employee (in relation with H1-B and Green Card).

Hi folks,

I am F-1 visa holder and I am studying Masters in Computer Science and I will be out for CPT after 6 months (I also have a 2 years of experience back in home country). As you know, for international students, having a Green card in US will make your life easier. So I am planning a way to get a Green or at least H1-B as quick as possible.

One lawyer told me that if I get a contract with one IT company (either by myself or through agencies), there are some other H1-B holder companies who can take up to 30% of my salary and process (sponsor) either H1-B or Green card within two years. Is that true and legal?

Please advice or guide me the best options that will help me to get the process started as soon as possible. What is the advantage and disadvantage of processing this way?

I also heard that, if I get a full time job, there might be a chance of getting H-1 B sponsored by the company. But, the company may delay your process (even for 6 years), or they may fire you at any time, and they may even lower your salary. I don’t want to take this all risks. But, I would rather take a contract and deal with all of its risks, because the rewards might be quick and satisfying.

Thank you.

Once you get H1B, enter in the USA, get start paid, atelast requiered minimum 1pay stub to apply GC initial process, once your employer or agency (also your employer if you work as contractor for that agency but they sponsor you so, the agency is your employer for you) they start process its take minimum 6months to get approved you GC file, your employer have to follow some steps to apply GC, then you have to wait, It really depends on which country you are from and which category the GC will fall under.
EB1 - 6 months
EB2 - 1 year - 10 years based on country
EB3 - Before you retire

for more information read on immihelp --> GreenCard section.

Parag

[matiman]

Once you get H1B, enter in the USA, get start paid, atelast requiered minimum 1pay stub to apply GC initial process, once your employer or agency (also your employer if you work as contractor for that agency but they sponsor you so, the agency is your employer for you) they start process its take minimum 6months to get approved you GC file, your employer have to follow some steps to apply GC, then you have to wait, It really depends on which country you are from and which category the GC will fall under.
EB1 - 6 months
EB2 - 1 year - 10 years based on country
EB3 - Before you retire

for more information read on immihelp --> GreenCard section.

Parag

Thank you for your kind response.

Actually, I am already in USA, I am on F-1 Visa, which is I am attending some college. But after 7 months I have to find a full time (either permanent or contract) job. It is part of the education (i.e I have to work for two years to complete my masters). But, in the mean time, if I get a chance, I can change my Visa status to H-1B or if I am lucky I might also get a green card. By the way I am from Ethiopia and I heard that our quota in USA is not yet reached, as one lawyer told me.

Is the process you mentioned above the same for me too? I think you thought I live outside USA.

Let me know your answer please.

[H1BVisaHolder]

Thank you for your kind response.

Actually, I am already in USA, I am on F-1 Visa, which is I am attending some college. But after 7 months I have to find a full time (either permanent or contract) job. It is part of the education (i.e I have to work for two years to complete my masters). But, in the mean time, if I get a chance, I can change my Visa status to H-1B or if I am lucky I might also get a green card. By the way I am from Ethiopia and I heard that our quota in USA is not yet reached, as one lawyer told me.

Is the process you mentioned above the same for me too? I think you thought I live outside USA.

Let me know your answer please.

If you inside or outside doesnt matter for H1B, but your employer have to apply for your H1B process, once you get selected and USCIS issue you I797 then your status from student to H1B will applied, if you inside USA then you dont need H1B visa but if you go your country and plan to re-enter in the USA then you need H1B stamp from your home country neares USA embassy, after getting H1B visa and working on the H1B status (not on OPT or student status) atleast earn upto 2 to 3 paystub and apply fro GC (ask your employer they will follow GC process for you). as I explained before it will take time and depend on your home country. this process is completely different then lottery based GC , so please read about Green Card and read all EB- sections and ask your attorney that which EB belongs to apply your application for GC. and read my post which I posted before and compare it with EB1 , EB 2 , EB 3 etc.
remember this employment based green card process will allowed to apply once your status is on H1B visa and if you maintain H1B status.

Parag