Immigration, work visa and work permit discussion board

Welcome to!

Login Register Do not show

is this legal or illeagal ?

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, Administrator

Posts: 37
Joined: Sat Jan 28, 2006 5:37 pm

is this legal or illeagal ?

Post by 2uk » Wed Dec 27, 2006 12:18 am

Hi, I got the following email that describes a process to go to US and start work under H1B Visa for computer consultants . I need to know if this sounds like a legal process.
According to the H1B arrangements I cannot start work sooner than next October .
I was advised that I “can” come to US before October and start work under the scheme below right away. The way to come sooner can be “B1, B2, J1, L1, F1 or any other visa even tourist visa” This is what gives me the doubts about all this. Pleeeeease advise :roll:

Dear 2uk

Please send your resume in the Word format.

We can probably arrange visa H1B for you. However, it does not mean that we are offering you an employment immediately when you come to the USA. The employment will start on a day when you get a project from any of our clients. The process works like this. After you come to the USA, I will send your resume to many companies who may be interested in your skills. Majority of them will be some consulting companies who have projects with their clients – usually big corporations. The companies that are interested in your skills will respond and some of them will arrange an interview with you. When you pass the interview, my company will sign a contract with the client’s company and only then your employment starts and you will start to receive salary. This process take usually a few weeks, but it may also take a few months if the clients will not be interested in your skills or if you fail the interviews. That means that you need to be prepared to spend the period until you get a project on your own cost. It will greatly help if you have some friends or relatives in the USA with whom you can live during this time.

Besides my contacts you will be also encouraged to look on the Internet for companies that have projects and can pay to our company on corp-to-corp (corporation-to-corporation). Since we are taking care of your visa and your payroll, for these companies it will be transparent what is your visa status and your authorization to work in the USA.

Here is how we operate. We sponsor H1s and Green Cards for our employees who are citizens of other countries. Our employees are placed on the project with clients. The length of a project varies, usually it is 6-12 months, but may be as short as 2 months or it may last a few years.
The client pays us on corp-to-corp basis, a mutually agreed hourly rate. You can decide, in what rate you are interested in. Of course, the rate should be reasonable so we can find a project quickly.

Our employee receive a W2 salary equal to 77% of the billing rate (of the rate that we get from our client). From the amount that we receive on corp-to-corp from the client:

77% goes as W2 salary to the employee
12% goes to employers taxes that we are obligated to pay:
social security tax
Medicare tax
unemployment tax
disability tax
workers compensation insurance
11% covers accounting fees, payroll expenses and the company profit

For example, if we get from a client $50 per hour for you work, your W2 rate will be $38.50 /hour, so assuming 2000 hours in a year, you will get approx. 77K (no benefits).
If you need medical insurance and dental plan, we can provide it to you at cost (whatever is cost us), and you can pay for it with the pre-tax money.

When you finish the first project, we will make all the efforts to place you as quickly as possible in the next project. When you are in between the projects, you do not receive salary, but the sponsorship of H1 and Green Card continues.

We do not have too many direct clients, but we deal with many consulting companies, so they are our clients who eventually pay for your work.
We provide you full infrastructure required for successful work as a computer consultant: we take care of all immigration issues, provide the payroll, tune up the resume, submit resume to the companies. However it is your responsibility to pass the interview and get the project. We will also encourage submittal of your resume through your contacts and through the Internet. Since we will take care of your visa, the clients should not be concerned about your immigration status, they will just pay to our company on corp-to-corp basis.

We don't know right now where the actual job will be - the openings change every week, so we can't predict what will be at the time when your visa H1 is ready. It will be your decision if you want to get a project close to your home, or you will be flexible to relocate. Flexibility to relocate increases chances of getting a project quicker, but if fore some reasons you want to stay in particular area, it is also OK.
Since we work on a small margin, we do not cover legal fees and any of the expenses before the candidate actually starts the project (cost of visa, flight to the USA, initial accommodation in the USA). Do you have any friends or family in the USA with whom you would be able to stay during initial period? Would you or someone on your behalf be able to pay a lawyer for arranging the visa?
USCIS will start accepting applications for new H1 visas in April. These visas will be valid from October 1st, 2007.

The main advantage of working for our company is that we can guarantee that we do not terminate your employment until you get a Green Card.
Please ask any questions you have so you have full understanding of the process.
If you want to proceed, next step will be a phone interview checking your skills and English.

Best Regards,

Newly Registered
Posts: 13
Joined: Wed Jun 15, 2016 10:08 pm

Re: is this legal or illeagal ?

Post by cdntluvumore » Sun Oct 09, 2016 8:47 pm

Hmm we just went through this process and it wasn't like this at all. My husband had to apply months in advance, there were several forms that had to be granted before he could even apply to come over, his salary had to be fixed and not variable...I don't know if there are exceptions but this does not sound legit to me!

Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: is this legal or illeagal ?

Post by noajthan » Sun Oct 09, 2016 9:46 pm

Does not resemble the H1B I once had.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

User avatar
Posts: 61713
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
South Africa

Re: is this legal or illeagal ?

Post by CR001 » Mon Oct 10, 2016 10:40 am

cdntluvumore wrote:Hmm we just went through this process and it wasn't like this at all. My husband had to apply months in advance, there were several forms that had to be granted before he could even apply to come over, his salary had to be fixed and not variable...I don't know if there are exceptions but this does not sound legit to me!
This original post is 10 years old. Please refrain from digging up old threads.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.