which job category to use on 9035 and H1-B?
 

We want to hire someone who is a J-2 under a dependent spouse. They may be getting
divorced, in which case, they would have to leave the country without their own H1-B.
They are a computer professional and can be listed as technical support specialist or
programmer or systems analyst. The pay category of support specialist will help the
company, we can't really pay the person the exhorbitant average salary listed for a
programmer. We are a small company. Does the type of classification affect the
approval? Also, what about part-time vs. full time? That could really help to only
hire for less hours at a fair hourly rate, but we don't want to do anything that
would cause the application to be denied. Thanks.

Re: which job category to use on 9035 and H1-B?
 

On Sat, 13 Jul 2002 18:21:08 -0700, Fred Decker wrote:

    > We want to hire someone who is a J-2 under a dependent spouse. They may be getting
    > divorced, in which case, they would have to leave the country without their own
    > H1-B. They are a computer professional and can be listed as technical support
    > specialist or programmer or systems analyst. The pay category of support specialist
    > will help the company, we can't really pay the person the exhorbitant average
    > salary listed for a programmer. We are a small company. Does the type of
    > classification affect the approval?

Yes, in several ways:

- you must make sure that the job description matches the job title. Otherwise, the
H-1B will be denied. Given that a technical support specialist generally has quite
different job duties from a programmer or systems analyst (a technical support
specialist does not generally develop any new code, but rather just configures it),
this may be an issue for you.

- you must make sure that the job requires a four-year college degree. If you try to
go for a technical support specialist with a low salary, DOL may well question why
you need somebody with a Bachelor's degree since many people in such a position
have an Associate's degree at the most.

    > Also, what about part-time vs. full time? That could really help to only hire for
    > less hours at a fair hourly rate, but we don't want to do anything that would cause
    > the application to be denied. Thanks.

Part time is not a problem with H-1B. It would be a problem if you also wanted to
sponsor that person for a Green Card - Green Card sponsorship requires full time.

Ingo

Re: which job category to use on 9035 and H1-B?
 

As long as your job meets the professional category that requires a minimum bachelor's degree and the candidate has the required qualifications, you should be fine.

The more limitations you place, the more scrutiny you receive from the INS. Smaller company, less than 40 hours is fine, though INS generally gives a much closer in such cases. Very likely you will receive an RFE too.

You may also want to see if there are 2-year foreign residency requirements.

You will find the following links helpful:

http://www.visapro.com/H1B-Visa/H1B-Visa.asp
www.isso.cornell.edu/immigration/h1.html


Paul @ HelpDesk

Re: which job category to use on 9035 and H1-B?
 

What is an RFE? As for 2 year residency, is that part of the H1-B? The other part of
this is that this person is already here on a J2 dependent of a J1. They have NO 2
year rule on their I-94. They have a work authorization card too. All this would be
fine, but when they get divorced, instant deportation for the J-2, right? So they
need to have their own H1-B status so that they can stay for a year or two and
continue work. This seems to be very complicated, because I believe this is all
separate as if they weren't ever here, though they are. And they have already been
approved for all the other stuff, it's just a change in status and the only ways to
do that are green card, H1-B, or marry an american! An attorney is going ot review
the app and look at the job description. Thanks

Fred

"Paul@HelpDesk" <[email protected]> wrote in message
news:[email protected]...
    > As long as your job meets the professional category that requires a minimum
    > bachelor's degree and the candidate has the required qualifications, you should
    > be fine.
    >
    > The more limitations you place, the more scrutiny you receive from the INS. Smaller
    > company, less than 40 hours is fine, though INS generally gives a much closer in
    > such cases. Very likely you will receive an RFE too.
    >
    > You may also want to see if there are 2-year foreign residency requirements.
    >
    > You will find the following links helpful:
    >
    > http://www.visapro.com/H1B-Visa/H1B-Visa.asp
    > www.isso.cornell.edu/immigration/h1.html
    >
    >
    > Paul @ HelpDesk
    >
    >
    >
    > --

Re: which job category to use on 9035 and H1-B?
 

What is the difference between H1-B and green card sponsorship? I imagine the latter
is more time and more money, but are there any other things to be aware of?

Fred

"Ingo Pakleppa" <[email protected]> wrote in message
news:[email protected]...
    > On Sat, 13 Jul 2002 18:21:08 -0700, Fred Decker wrote:
    >
    > > We want to hire someone who is a J-2 under a dependent spouse. They may be
    > > getting divorced, in which case, they would have to leave the country without
    > > their own H1-B. They are a computer professional and can be listed as technical
    > > support specialist or programmer or systems analyst. The pay category of support
    > > specialist will help the company, we can't really pay the person the exhorbitant
    > > average salary listed for a programmer. We are a small company. Does the type of
    > > classification affect the approval?
    >
    > Yes, in several ways:
    >
    > - you must make sure that the job description matches the job title. Otherwise, the
    > H-1B will be denied. Given that a technical support specialist generally has
    > quite different job duties from a programmer or systems analyst (a technical
    > support specialist does not generally develop any new code, but rather just
    > configures it), this may be an issue for you.
    >
    > - you must make sure that the job requires a four-year college degree. If you try
    > to go for a technical support specialist with a low salary, DOL may well question
    > why you need somebody with a Bachelor's degree since many people in such a
    > position have an Associate's degree at the most.
    >
    > > Also, what about part-time vs. full time? That could really help to only hire for
    > > less hours at a fair hourly rate, but we don't want to do anything that would
    > > cause the application to be denied. Thanks.
    >
    > Part time is not a problem with H-1B. It would be a problem if you also wanted to
    > sponsor that person for a Green Card - Green Card sponsorship requires full time.
    >
    > Ingo

Re: which job category to use on 9035 and H1-B?
 

Fred Decker wrote:
    > What is an RFE?

Request For Evidence. INS sends this if they want more explanations for parts of the
application.

As for 2 year residency, is that part of the H1-B?

No, some J-1s have the 2 year home residency requirement.

-Joe

Re: which job category to use on 9035 and H1-B?
 

Fred Decker wrote:

[snip]

The
    > other part of this is that this person is already here on a J2 dependent of a J1.
    > They have NO 2 year rule on their I-94. They have a work authorization card too.
    > All this would be fine, but when they get divorced, instant deportation for the
    > J-2, right?

The J-2 holder will violate her status if she does not either leave the U.S. or apply
for another status before the date that the divorce is final.

It's actually fairly unlikely that she would be deported, as INS does not have the
resources to deport even a fraction of the people that it could legally deport.
However, there is always the potential that she may be deported, because she has
violated status.

So they need to have their own H1-B
    > status so that they can stay for a year or two and continue work. This seems to be
    > very complicated, because I believe this is all separate as if they weren't ever
    > here, though they are.

If you mean that an H-1B petition is just as much work if the person is in the U.S.
with work authorization already, if outside the U.S., that's correct.

And they have already been
    > approved for all the other stuff,

I'm not sure what "approved for all that other stuff" means.

it's just a change in status and the only
    > ways to do that are green card, H1-B, or marry an american! An attorney is going ot
    > review the app and look at the job description.

Good!

    > "Paul@HelpDesk" <[email protected]> wrote in message
    > news:[email protected]...
    >
    >>As long as your job meets the professional category that requires a minimum
    >>bachelor's degree and the candidate has the required qualifications, you should
    >>be fine.
    >>
    >>The more limitations you place, the more scrutiny you receive from the INS. Smaller
    >>company, less than 40 hours is fine, though INS generally gives a much closer in
    >>such cases. Very likely you will receive an RFE too.

Re: which job category to use on 9035 and H1-B?
 

H-1B status is a temporary worker status, granted for an initial period of up to 3
years, and renewable for a total period of 6 years. If the person has not obtained
permanent resident status by the end of the 6 years, then she will likely have to
leave the U.S.

"Green card" is permanent resident status, which is permission to live and work in
the U.S. indefinitely.

Fred Decker wrote:

    > What is the difference between H1-B and green card sponsorship? I imagine the
    > latter is more time and more money, but are there any other things to be aware of?

Here are some sites:

http://www.americanlaw.com/h-1b.html

http://www.americanlaw.com/employ.html

    > "Ingo Pakleppa" <[email protected]> wrote in message
    > news:[email protected]...
    >
    >>On Sat, 13 Jul 2002 18:21:08 -0700, Fred Decker wrote:

    >>>We want to hire someone who is a J-2 under a dependent spouse. They may be getting
    >>>divorced, in which case, they would have to leave the country without their own
    >>>H1-B. They are a computer professional and can be listed as technical support
    >>>specialist or programmer or systems analyst. The pay category of support
    >>>specialist will help the company, we can't really pay the person the exhorbitant
    >>>average salary listed for a programmer. We are a small company.