Legal Question in Immigration Law in California

H1 Visa. Can Employment Agency provide H1 Visa?

I'm currently working as IT (Engineer) contractor at one of firms in United States using my practical training permit. However, the company that I'm currenly working at does not have full-time opening at this time, therefore they cannot sponsor me for H1-visa.

Is it true, that the company has to hire me as full-time or permanent employee so they help me apply for H-1 visa?

What are other options that I can get H-1 visa?

I'm wondering if is it possible to find an employment agency (services) that can help me get H-1 visa?

Note: The agency hires me as contractor and apply H-1 visa for me and the company that I�m working will pay everything.


Asked on 3/12/02, 4:47 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: H1 Visa. Can Employment Agency provide H1 Visa?

Yes, you have to work full-time and a job-shop agency is possible. I am aware of some Indian programmers who are actually hired by such agencies and contracted out. The agencies specialize in this kind of arrangement.

Even though it's rarely done, the law does allow more than one H-1B petitions at the same time. So, if you have two approved H-1B petitions from two companies, you theoretically can work both full-time jobs at the same time, but in practice, people only work one job. In that special situation, it can be said that one does not have to work full-time on an H-1B petition.

Liem Doan, Esq.

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Answered on 3/13/02, 2:23 pm


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