islandcode
04-16-2009, 11:42 AM
I stumbled upon this story about H1B USA Visa and how different it is from a USA Green Card. I thought I'd share it here for others to learn about it and from it, too.. The source is one of the best USA Immigration lawyers for Philippine citizens.
Many people are petitioned for H-1B visas, and once the petition is approved and/or the visa is issued, they start treating the H-1B visa as though it was a green card (i.e. working wherever they feel like, and not just for the employer who petitioned them). However, an H-1B visa is not a green card.
An H-1B visa is a temporary working visa, available to college graduates, who will be working for the petitioning employer in a job position related to their college degree, and will be paid the prevailing wage (or going rate) for that college-level position. If you do not meet and/or abide by the conditions and requirements of an H-1B visa, it could be considered that you have violated your visa status, or even be considered out of status. Such visa violation could include the following: 1) you do not work for the employer who sponsored you, 2) you work for another employer, without getting petitioned by that second employer, 3) you are being paid less than the prevailing wage, or 4) you work in a different job than that described in your petition (i.e. you work as a Bookkeeper, when you were being petitioned as Controller).
An H-1B visa holder is like a OCW (overseas contract worker). You must work for the employer who petitioned you. In fact, the name of the employer is printed on the H-1B visa itself. If you work for a different employer, without having that second employer separately petition you for an H-1B visa, you are "out of status". You cannot use an H-1B visa obtained through one employer, to work for a different or additional employer.
I know of a case where an employee was stuck in Manila, after the Embassy cancelled his H-1B visa. This particular employee came to the U.S. on a visitor's visa. He later found an employer, and had an attorney prepare the paperwork to enable that employer to petition the alien for a job related to the alien's college degree. The H-1B petition was approved, and the person even went to the U.S. Consulate in Ciudad Juarez, Mexico, in order to have the visa stamped on his passport. He then reentered the U.S., the proud holder of an H-1B visa.
However, the problem was that he never bothered working for the petitioning employer. Instead, he found a better job opportunity, with a different employer, and immediately started working for the second employer, without having that second employer petition him for an H-1B visa. He simply acted as though he was a green card holder.
This person decided he wanted to bring his wife and children to the U.S. to join him. So, with his H-1B visa in his passport, he flew back to Manila, to accompany his family to the U.S. Embassy, where he assumed that his family would automatically be given their H-4 visas. (H-4 visas are non-working visas for the spouse and minor children of H-1B visa holders.)
What do you think happened at the US Embassy, was this person holding an H1 visa able to have his family granted with h4 USA visa? Click here for the rest of the story about H1 Visa, green card and immigration to the USA (http://www.gurfinkel.com/immigration_updates/immigration_corner/H1B_Visa_not_Green_Card.html).
Many people are petitioned for H-1B visas, and once the petition is approved and/or the visa is issued, they start treating the H-1B visa as though it was a green card (i.e. working wherever they feel like, and not just for the employer who petitioned them). However, an H-1B visa is not a green card.
An H-1B visa is a temporary working visa, available to college graduates, who will be working for the petitioning employer in a job position related to their college degree, and will be paid the prevailing wage (or going rate) for that college-level position. If you do not meet and/or abide by the conditions and requirements of an H-1B visa, it could be considered that you have violated your visa status, or even be considered out of status. Such visa violation could include the following: 1) you do not work for the employer who sponsored you, 2) you work for another employer, without getting petitioned by that second employer, 3) you are being paid less than the prevailing wage, or 4) you work in a different job than that described in your petition (i.e. you work as a Bookkeeper, when you were being petitioned as Controller).
An H-1B visa holder is like a OCW (overseas contract worker). You must work for the employer who petitioned you. In fact, the name of the employer is printed on the H-1B visa itself. If you work for a different employer, without having that second employer separately petition you for an H-1B visa, you are "out of status". You cannot use an H-1B visa obtained through one employer, to work for a different or additional employer.
I know of a case where an employee was stuck in Manila, after the Embassy cancelled his H-1B visa. This particular employee came to the U.S. on a visitor's visa. He later found an employer, and had an attorney prepare the paperwork to enable that employer to petition the alien for a job related to the alien's college degree. The H-1B petition was approved, and the person even went to the U.S. Consulate in Ciudad Juarez, Mexico, in order to have the visa stamped on his passport. He then reentered the U.S., the proud holder of an H-1B visa.
However, the problem was that he never bothered working for the petitioning employer. Instead, he found a better job opportunity, with a different employer, and immediately started working for the second employer, without having that second employer petition him for an H-1B visa. He simply acted as though he was a green card holder.
This person decided he wanted to bring his wife and children to the U.S. to join him. So, with his H-1B visa in his passport, he flew back to Manila, to accompany his family to the U.S. Embassy, where he assumed that his family would automatically be given their H-4 visas. (H-4 visas are non-working visas for the spouse and minor children of H-1B visa holders.)
What do you think happened at the US Embassy, was this person holding an H1 visa able to have his family granted with h4 USA visa? Click here for the rest of the story about H1 Visa, green card and immigration to the USA (http://www.gurfinkel.com/immigration_updates/immigration_corner/H1B_Visa_not_Green_Card.html).