Legal Question in Immigration Law in California
sponsorship/petition for employment
should an individual who holds a tourist visa, whose sponsorship for employment has been approved and visa waiting to be picked up, be considered a legal employee with full benefits?
2 Answers from Attorneys
Re: sponsorship/petition for employment
I can only surmise what you mean by "sponsorship for employment." There are many employment-based petitions that you could be referring to. If you are referring to an H-1B petition and it is approved and you report for work, your employer has a certain time limit to put you on the payroll as a full-time employee. Depending on your employee agreement and other factors, you may be entitled to benefits. Your question is not easily answered, and if you require further information, you will need to contact me for a consultation.
Re: sponsorship/petition for employment
From the limited information you have provided, benefits should be determined by the employment agreement you have with the company, not by the date you received approval to work in the U.S. Depending on which category you have been approved, your employer may not be required to bring you on board immediately after your approval. If you have more questions you can set up a consultation with me (732-985-1310).
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