Offer Letter/ Contractor while H1B approved/

[adrianoct]

Can somebody give some word of advice here? I am currently working in the US with an L-1 visa (International Assignee), but my company will not sponsor my Green Card. So I did some job search, and this second company is interested and offered me to sponsor my Green Card.
First they have to apply for an H-1B visa. It usually takes around 3 months. They are offering me a contract for 3 months while the visa is ready and can be hired as an employee in the US.
That sounds fine, but I am having a problem with the amount they are offering as a contractor: 18% less than the salary as an employee. It sounds weird, since as a contractor you are not protected nor have any benefits... but I need the sponsorship... so I would take it...

However, I received today the offer letter, but it only mentions the processing of the H1B visa. Should I ask them to make it clear in the offer that they will process the Green Card? Is this a normal procedure? Even though to apply for the Green Card we have start with the H1B visa, should I have a stronger commitment from their part that they will sponsor my Green Card that is my final goal? I have been 3 years already in the L1B visa, and I understand I have to be in the 485 part of the process before my 6th year in the US starts... Am I right? We can apply for an extension as long as we are in the processing of the 485 (whatever it means).

The other question is about the job location. The company has offices in VA, and my job would be travelling to cover Central America and South America, so I can live wherever I want. I don't live in VA. Will this jeopardize the processing of my H1B visa? Is it true that it is easier to have my visa processed following tht Consular way instead of having it processed here? an I stay here with my current B1-B2 visa while the visa is approved?



Thanks for your advice.

Can somebody give some qord of advice here? I am currently working in the US with an L-1 visa (International Assignee), but my company will not sponsor my Green Card. So I did some job search, and this second company is interested and offered me to sponsor my Green Card.
First they have to apply for an H-1B visa. It usually takes around 3 months. They are offering me a contract for 3 months while the visa is ready and can be hired as an employee in the US.
That sounds fine, but I am having a problem with the amount they are offering as a contractor: 18% less than the salary as an employee. It sounds weird, since as a contractor you are not protected nor have any benefits... but I need the sponsorship... so I would take it...

However, I received today the offer letter, but it only mentions the processing of the H1B visa. Should I ask them to make it clear in the offer that they will process the Green Card? Is this a normal procedure? Even though to apply for the Green Card we have start with the H1B visa, should I have a stronger commitment from their part that they will sponsor my Green Card that is my final goal? I have been 3 years already in the L1B visa, and I understand I have to be in the 485 part of the process before my 6th year in the US starts... Am I right? We can apply for an extension as long as we are in the processing of the 485 (whatever it means).

Thanks for your advice.

[arunagsr]

Offer Letter/ Contractor while H1B approved/

Answer to part of your question:

Employers do not give you in writing that they will sponsor for GC. Only verbally. Only H1 visa sponsorship will be in writing.

I once spoke to a company. They said that they will surely sponsor for GC and that they cannot give in writing.

[Gabejack]

I don't see why you cannot negotiate the Green Card sponsorship into the contract. It is, afterall, a contract. Furthermore, it seems that the sole reason you are taking the job in the first place, is to have your Green Card sponsored. They are taking 18% of your salary. You want to be sure that they live up to their end of the bargain. I would at least ask for stipulation in the contract.

As for the six year requirement of an H-1, this should not apply to you. So long as your Green Card process is begun right away, you have six years to get it while on an H-1. The thing is you can't work for this new company until your H-1 is finally approved.