Bass Cadet

I'm on an F-1 student visa in California which is due to expire in July 2013 (after I complete my Masters).

I want to stay if I can but legally. I have a couple of options one of which is a friend who owns a pretty large company (40+ employees). anyway, he said he would like to do anything he can to help me out visa-wise.

He said he could create a position for me but it would only be a part-time thing. He said they are not hiring anyone right now but if he can he will 'sponsor' me for a work visa. I would have to take care of all the paper work etc. Essentially I would not be paid by this company but they would be responsible for my visa (is that possible??)

A couple of questions...

1. can I get a work visa (H1-B1) through his company without actually being 'paid' anything by the company? I would be doing some work for him but very occasionally.

2. What are the costs involved? Someone told me sponsorship of an H1-B1 could be anything like $10k?

3. If I have an H1-B1 visa through this company can I work also as a freelance professional? ie web designer etc?

Basically I'd love to hear from anyone in a similar situation or who has experience of this work visa.

Do I need to have an income of a certain amount from the sponsor company in order for it to be all 'above board' ie paying taxes etc

Any help appreciated

Speedwell

Bass Cadet (cool name btw), don't engage in anything fraudulent for any reason when working with Immigration. Discrepancies in one place (i.e. being hired but not paid) will show up in others (failure to be able to certify income, failure on his part or yours to pay employment taxes showing a bona fide position). Your friend could also get in serious trouble. It's not worth it. Either sign on as a valid employee and be sponsored legally, or try something else aboveboard. You are dealing with immigration officials who've seen everything and deal with these matters every day, You don't want things to go badly and find you're permanently barred from any chance at immigration at all, or risk your friend getting a criminal record for immigration fraud.

Noorah101

I doubt if that's a legal possibility, no. What would be the use of that, anyway? You'd get a work visa but wouldn't be getting paid? Doesn't make sense.

Probably not legally, no. And what would be the use? How could you live in the USA without any income?

Yes, probably around $10K. And legally the employer must pay. The employee cannot pay for the cost of the visa.

No. You must work for the sponsoring company only. No working for another company, and no self-employment.

The fact that you put "above board" that way, makes it sound like your friend already knows what he's doing is NOT above board. Yes, there is a minimum wage involved. Your friend, if he wants to hire you, should have a consultation with an immigration attorney to gather all this information so he'll know how much it will cost, what he will need to file, and whether what you are planning is legal or not. To my layman's ears, it does not sound above board or legal.

Mostly, it just doesn't make sense to get this work visa through your friend, yet not actually get any income! How will you survive?

Rene

Bass Cadet

Thanks for the replies! As you can see Im pretty clueless about the H1-B1. I think if I was to go with the above I would obviously have to have the company give me minimum wage etc. I think my friend and I would have to consult an immigration attorney before doing anything.

As for how I can support myself, it's not relevant to these questions right now or at least I'd only bore you with details

My other option is an internship for 12 months with a company under my F-1 student visa. Again this would be a 'part-time' thing. the company wants to take me on for the internship so this is probably the best course of action...however does anyone know if a 'part-time' internship is an option or is there a minimum requirement of hours involved?

cheers

civilservant

Since the employer has to prove they are paying at least the prevailing wage for the position paying you minimum wage isn't gonna cut it.

Noorah101

Not the minimum national or state wage. I meant the minimum wage associate with that position and level of education (as someone correctly pointed out called prevailing wage).

Agreed.

Well, it IS relevent to these questions and this topic, unless you are independently wealthy and don't need to work to survive. Perhaps that's your situation, I don't know.

Rene

retzie

Would it be silly to suggest you just try the normal job market? You are completing a Masters - presumably you have some sort of skills for which people will employ you.

Unless you are trying to get work visa only to stay in the country, and specifically have no intention of every working...?

scrubbedexpat099

He had financial hardships that enabled him to get a limited EAD.

I am confused, even the simplest search would have come up with an outline of how a H1b works.

Noorah101

If he still has financial hardships, then for sure he won't want to be working part time for a low salary for his friend, I wouldn't think. He would need a full time job with a higher salary in order to earn a living.

Rene

F1toOPTtoH1BHopefully

I'm saying this as bluntly as possible: get a bl**dy grip. You seem to think it's acceptable to be "clueless" about immigration, it's not. An F-1 to H1-B isn't a weird situation, that's how most people move from school to work. I'm an F-1 and my company is sponsoring my H1-B for October 2013.

All the stuff you are doing is completely stupid. I met with my immigration lawyer this week - the cap for H1-Bs is barely being met. You actually wouldn't have much of a problem getting it if you could get a real employer to sponsor you. You have OPT left over so you can start work straight away and then they can apply while you work at the company.

Why not just get a proper job? Why not just do it above board? I hate the fact that some people are just naturally shady and crooked and are always looking for dodgy short cuts and some geezer with a white van. You're from the UK - you're not fleeing a drug cartel controlled Mexican slum or a war torn African country. You have a masters, apply for a job like a non criminal non moron and treat the flipping United States, the country that is educating you, with the respect it deserves.

scrubbedexpat099

I doubt he is from the UK, but yes to everything else.

TangoBlue

This sounds like a quick way to get yourself a lifetime ban from the US.

As you are completing your masters, it's likely you qualify for Optional Practical Training (OPT). You can work for 12 months (longer if you studied a STEM subject).

Apply for OPT and start looking for jobs/internships. This also gives you a year to look for a H1-B sponsor.

You must work more than 20 hours a week and your job role must be related to your degree. You must also find a job/internship within 3 months of the start of your OPT, otherwise you'll have to leave the country.

Find out more here.