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Filed: F-1 Visa Country: Romania
Timeline
Posted

Hello

I am a US college student about to graduate in 5 month...I have a question to some former international students in US: How did you ask your employer about H1b sponsorship? I am saying this especially because I have OPT option and it is not an immediate need for H1b. However, I want to know if they would sponsor me after a certain time. I have a meeting with a prospective employer and I do not know if I should bring up the fact that I am international and I would need sponsorship in the future. I am just afraid they will say no in the beggining beofre i start working and they would sponsor me if they I will prove myself as a loyal and good employee. What are the main reasons that employers tell us they do not sponsor? if it is the money reason, i just talked to an immigration attorney who told me that money is not an issue because a lawyer, third party, can pay the fee to the givernment on my behalf so it would not cost money for the employer.

Is there a way you can ask to have a better chance for a positive answer or it is just a matter of luck based on the sponsoring policy of the company?

When did you guys ask for sponsorship? before starting or after starting OPT? Wjat is better?

Thanks

Filed: K-1 Visa Country: Wales
Timeline
Posted

The lawyer is wrong.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Assuming you've been extended a job offer without your employer asking about your LPR or citizen status, the sponsorship topic should technically come up when you fill out the I-9 form, also known as employment eligibility verification.

You have to show valid documentation that allow you to work before you start your new job.

Every company in the US is required to ask for such documentation if they do not want to incur penalties for employing undocumented workers.

To answer your question, yes, I'm quite 100% sure that the sponsorship issue will come up when you show them your EAD to fill out your I-9, provided that they know a bit about immigration laws and the duration of an EAD.

At that point, they will either withdraw the job offer or keep it and sponsor you.

I said provided "they know" about EAD and H1-B because I have a friend who is currently working with his EAD.

The sponsorship topic never came up, although he filled out an I-9 form!

It's weird and very unusual!

So I'm assuming that his employer is not knowledgeable in this area!

He is hoping that at the end of his OPT he can convince his employer to sponsor him base on his good work ethic.

So if the issue never comes up and you eventually get employed, it's up to you what you want to do with that!

Some company have policy that will not allow them to sponsor, no matter how skillful and gifted you are at doing your job.

So it can either be a lucky break for you, or it can backfire terribly, as they may end up letting you go when your EAD expire, despite your good records at work.

If you do not want to have an unpleasant surprise, I recommend you do your research about a potential employer and their sponsorship policies.

At the end, it's really up to you what you want to do!

10/21/2010 (00): AOS package sent via express mail

10/22/2010 (01): AOS received by USCIS

10/28/2010 (07): NOA email notification for all the forms

11/05/2010 (15): Biometrics letter received for 11/30/2010

11/15/2010 (25): Early biometrics walk-in (successful)/Touched on all forms

12/30/2010 (70): AP approved

01/03/2011 (74): EAD and AP touched/EAD card production ordered

01/07/2011 (78): AP in the mail

01/10/2011 (81): Interview letter received for 02/09/2011

01/11/2011 (82): EAD in the mail

02/09/2011 (111): AOS Interview (Approved!!!)/Card production ordered (email)

02/18/2011 (120): GC in hand! (It's actually green lol)

Filed: K-1 Visa Country: Wales
Timeline
Posted

EAD is proof of being able to legally work, a temporary document.

It does not imply sponsorship is required to work once it has expired.

Bearing in mind she is just doing OPT, by definition that is a short term position.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)

True, but the OP is looking for long term and not short term.

Thus her many inquiries about H-1B!

My answer is in the spirit of a company and OP both looking for long term, not short term.

Edited by Vuvu zela

10/21/2010 (00): AOS package sent via express mail

10/22/2010 (01): AOS received by USCIS

10/28/2010 (07): NOA email notification for all the forms

11/05/2010 (15): Biometrics letter received for 11/30/2010

11/15/2010 (25): Early biometrics walk-in (successful)/Touched on all forms

12/30/2010 (70): AP approved

01/03/2011 (74): EAD and AP touched/EAD card production ordered

01/07/2011 (78): AP in the mail

01/10/2011 (81): Interview letter received for 02/09/2011

01/11/2011 (82): EAD in the mail

02/09/2011 (111): AOS Interview (Approved!!!)/Card production ordered (email)

02/18/2011 (120): GC in hand! (It's actually green lol)

Filed: F-1 Visa Country: Romania
Timeline
Posted

hello

yeah i am looking for long term stay not just for the duration of OPT that's why i want to know from begining if they will sponsor me than loosing my time and then finding out sponsorship or PR petition is not possible

I also found one thing... the fact that they will petition you for H1B does not mean they will petition you for PR so making sure an international student is eligible for both is very important

still OPT is the best option for the beggining first months because I need a Visa Screen and that takes time to get...time perfect for establishing credibility and seriosity while my VisaSCreen will be pending

Posted

hello

I also found one thing... the fact that they will petition you for H1B does not mean they will petition you for PR so making sure an international student is eligible for both is very important

You are absolutely correct!

I heard of a family who had to pack and go back to their home country because the husband's company did not want to file for his PR!

Bear in mind the guy invested on a huge house and had to give it up!

10/21/2010 (00): AOS package sent via express mail

10/22/2010 (01): AOS received by USCIS

10/28/2010 (07): NOA email notification for all the forms

11/05/2010 (15): Biometrics letter received for 11/30/2010

11/15/2010 (25): Early biometrics walk-in (successful)/Touched on all forms

12/30/2010 (70): AP approved

01/03/2011 (74): EAD and AP touched/EAD card production ordered

01/07/2011 (78): AP in the mail

01/10/2011 (81): Interview letter received for 02/09/2011

01/11/2011 (82): EAD in the mail

02/09/2011 (111): AOS Interview (Approved!!!)/Card production ordered (email)

02/18/2011 (120): GC in hand! (It's actually green lol)

Filed: K-1 Visa Country: Wales
Timeline
Posted

More common is people being laid off and being unable to find an employer to transfer to.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Timeline
Posted

Personally, I think it's better if everything is brought up in the beginning. My 2 employers have been firms that are quite familiar with the immigration process so it wasn't a big deal. I didn't want to waste my time and needed them to file for my H1 so it was something I needed to know from the start.

My husband just went through the process and let HR know that he did need to be sponsored (he didn't have the OPT option anyway so there was no way to work without an H1 so any employer would have needed to file for him from the start). A number of employers were not willing to do this but he eventually got an offer with a reputable employer that actually brought up the H1 issue before he did and they sped up the interview process because they wanted to make sure that if they decided to hire him there will still be H1s available left (they just filed for his H1 a couple of weeks ago).

It is true that not all employers that are willing to file for H1 visas are willing to sponsor for a green card. There is no "eligibility" perse, the employer just has to be willing to do it. There is no way to really guarantee that an employer willing to sponsor H1 would be willing to do the same for the green card.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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