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  • Questions on H-1B visa and Non E-verify employer

    Hi Friends,

    I am a Masters Graduate from US. I graduated in December 2009. I am on OPT which expires in Jan 2011.

    I am currently employed with a Non E-verified employer based in Virginia.I am working for their client in New Jersey. The employers are going to sponsor my H-1B visa in the foreign graduate degree category (20K quota). They have their lawyers who take care of this process.

    I have a few questions:
    1) Does employer filing H-1B visa need to be E-verified ? Would the non E-verification of the employer matter in the H-1B process?
    2) I live and work in New Jersey but my employers are based in Virginia. Would this matter or effect ?
    3) Can I do a normal desk job for some other employer on weekends while on OPT and while my H-1B process is on ? Can I be on their pay-roll ? I was doing this weekend job for this employer before I got the other job where I am employed now.
    4) Can I go to India for 3 weeks in November (considering if my H-1B is done or its in process) ? If at all I go, how about the port to entry? Do I need to take a flight to and fro from Virginia as my employers are based in Virgina ?

    It would be great and would really appreciate if any of the forum member can answer all my queries.

    Thanks

  • #2
    1) Does employer filing H-1B visa need to be E-verified ? Would the non E-verification of the employer matter in the H-1B process?
    >>> No.

    2) I live and work in New Jersey but my employers are based in Virginia. Would this matter or effect ?
    >>> Not an issue as lonmg as your H1B and LCA is filed and approved to work in New Jersey.

    3) Can I do a normal desk job for some other employer on weekends while on OPT and while my H-1B process is on ? Can I be on their pay-roll ? I was doing this weekend job for this employer before I got the other job where I am employed now.
    >>> Yes, but all the employers must be enrolled in E-Verify and the DSO must be kept informed.

    4) Can I go to India for 3 weeks in November (considering if my H-1B is done or its in process) ?
    >>> If the H1B is approved, then you can travel and return back on H1B visa (by getting it stamped). If the H1B petition is not approved and if you travel when the COS is in progress, then the COS might get denied.

    If at all I go, how about the port to entry? Do I need to take a flight to and fro from Virginia as my employers are based in Virgina ?
    >>> Advisable to do so as most of the POE issues reported are from Newark.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      See my Answers

      1) Does employer filing H-1B visa need to be E-verified ? Would the non E-verification of the employer matter in the H-1B process

      Answer: Not required to be an E-Verified Employer. E-Verify is Optional for Employers.

      2) I live and work in New Jersey but my employers are based in Virginia. Would this matter or effect ?

      Answer:Your Employer can be anywhere. If you ever traveled on H1B Visa, make sure you land at the Place of your Employer..Not in NJ or Client’s Location.

      3) Can I do a normal desk job for some other employer on weekends while on OPT and while my H-1B process is on ? Can I be on their pay-roll ? I was doing this weekend job for this employer before I got the other job where I am employed now.

      Answer: You may not, OPT is based on your Field of Study. You may work for any Employer on OPT (Related to Field of Study) While your H1B is in Process.

      4) Can I go to India for 3 weeks in November (considering if my H-1B is done or its in process) ? If at all I go, how about the port to entry? Do I need to take a flight to and fro from Virginia as my employers are based in Virgina ?

      Answer: Do not travel while H1B is pending, you will come back in F1 Status and you will change your I-94 Number. As the present H1B will have your current I94 Number. If you travel, your Employer will have to file an amendment to H1B.

      SHERVIN, PLEASE RESEARCH BEFORE YOU ANSWER.

      Comment


      • #4
        Thank you infoway and shervin143 for your reply.

        A few things I still am not clear with.
        1) I forgot to mention that I am in the IT field.The weekend job was IT related job only(maintain servers, networks etc). So in this case, can I work on weekends for the other employer and be on their pay roll while my H-1B process is on ? And even after the H-1B is approved ?

        2) The port of entry has to be the employers location right. But I can fly to India from NJ isn't it ?

        3) I was told by the employer's lawyers that still 10K visa is remaining to be filed in foreign degree category. Hence not to worry and as my documents are strong, it will be approved. But they were not sure of how long it will take, maybe 2 to 4 months. How long does the H-1B process take if they start the process the coming week ? What are the chances of rejection ?

        4) If my H-1B is approved, then can I fly to India immediately ? What is the process of getting the H-1B stamped from India ? Where can I get this information ? What all documents would I need from the employer and where do I take the visa date and stuff ?

        I would be very happy if any of the forum member can answer all my above queries. Thank you very much

        Comment


        • #5
          This is not true. If this is the case, then no one can travel even for emergency. The maximum that could happen is, the H1B COS might get denied and your H1B might get approved as a consular process. In which case, you have to get the visa stamped to return back in H1B status. There is no need to file an amendment and you don't have to return in F1 status. However, you cannot travel before september 20th on the H1B visa that is effective from Oct 1st.

          However, it is advisable to wait until the H1B gets approved if you can, in order to avoid the complication of getting multiple I-94's in case H1B is approved as a COS when you are out of the country.


          Originally posted by infoway View Post
          4) Can I go to India for 3 weeks in November (considering if my H-1B is done or its in process) ? If at all I go, how about the port to entry? Do I need to take a flight to and fro from Virginia as my employers are based in Virgina ?

          Answer: Do not travel while H1B is pending, you will come back in F1 Status and you will change your I-94 Number. As the present H1B will have your current I94 Number. If you travel, your Employer will have to file an amendment to H1B.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            1) I forgot to mention that I am in the IT field.The weekend job was IT related job only(maintain servers, networks etc). So in this case, can I work on weekends for the other employer and be on their pay roll while my H-1B process is on ? And even after the H-1B is approved ?
            >>> You cannot work for multiple employer when you are in H1B, unless the 2nd company files the petition as a concurrent H1B and it gets approved.

            2) The port of entry has to be the employers location right. But I can fly to India from NJ isn't it ?
            >>> Yes.

            3) I was told by the employer's lawyers that still 10K visa is remaining to be filed in foreign degree category. Hence not to worry and as my documents are strong, it will be approved. But they were not sure of how long it will take, maybe 2 to 4 months. How long does the H-1B process take if they start the process the coming week ? What are the chances of rejection ?
            >>> 2-3 months by normal process and 15 days by premium. No one can predict the chances of approval or rejection.

            4) If my H-1B is approved, then can I fly to India immediately ?
            >>> Yes.

            What is the process of getting the H-1B stamped from India ? Where can I get this information ? What all documents would I need from the employer and where do I take the visa date and stuff ?
            https://www.immihelp.com/h1-visa-stamping-documents/
            Last edited by shervin143; 08-01-2010, 10:14 PM.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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