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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7655
Experience:  Experienced in all aspects of immigration and nationality law.
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I am currently in the US on H1B VISA, I was at work with another

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I am currently in the US on H1B VISA, I was at work with another company and was told the process to file concurrent H1B was easy process. The company I began to work for informed me that they consider their hires as independent contractors. Is there another way around this so I can go back to my position in the Emergency ROom>
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

I'm not sure I understand. Are you asking if, as an independent contractor, you qualify for concurrent H1B? What requirement are you asking if there is a process to get around?
Customer: replied 1 year ago.


If I am considered as a independently contracted physician at my 2nd place of employment can a concurrent H1B be filed? I was employed with a emergency Room and just was told they cannot do a concurrent? I am just really confused about the whole concurrent H1B Visa etc.

Customer: replied 1 year ago.


Confused as to the whole concurrent H1B visa requirements. Was told that because they consider the employees as independent contracted phsycians then they are unable to file the concurrent. Is there another way to file a concurrent H1B and still maintain my current position at my second job. I hope this makes sense. I also have an LLC which I am unsure if my LLC can file a concurrent H1B? Hope I am making sense. I was misled by my current employer that I would qualify for student loan repayment through the FQHC but had to take a second job when I realized I do not requalify.

Expert:  Expert James replied 1 year ago.
Hi Chantel,

Unfortunately, I don't have the best news to share. Please remember that I'm only the messenger, and not the decision-maker.

Concurrent means two different H1B statuses held at the same time, with two different employers. Concurrent H1B's are not a problem, so long as both the sponsor and the employee can fulfill the requirements of the two employers and the petitions that were approved. But concurrent H1B's is not the issue here. The issue here is who will sponsor one of those H1B's.

Unfortunately, there is no path to sponsorship of the H1B as an independent contractor. So in the case of physicians, physicians must be an employee of a sponsoring employer. Self-employment or independent contractor status are not longer possible at this time. Now if you are employed by an agency who contracts you out, that might be a possibility. In that situation, the agency is the sponsoring employer who would petition for you and contract you out to the hospital. I am not familiar enough with the medical profession to know whether there exist agencies that are contracted to provide medical doctors to hospitals. But that would be the only option for an "independent contractor" situation like yours.

Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 1 year ago.


So me having an LLC of my own here can my LLC petition for H1B Concurrent>?

Expert:  Expert James replied 1 year ago.
Chantel,

The only way this would work is if you have no control or management in the company. You can't have the power to hire and fire yourself, you can't run the LLC, you can't manage the LLC, etc.

So if you can find someone to start it with you, and who will be responsible for all of the decision-making once the LLC is formed, like hiring and firing, human resources, etc., that might work. But if you are the person who starts it and are the sole employee and the employer, that will not work.

The way the USCIS looks at this is like that old saying - "If it walks like a duck, talks like a duck, and acts like a duck, then it's probably a duck." What I mean is, the USCIS won't let you hide behind the LLC as an "employee" of the LLC in order to be sponsored for the H1B. You can't make the decisions and also be the employee.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7655
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


But the concurrent H1B VISA application needs to be with the company which I will be working for. For example, if I am working in an Emergency Department the petitioner needs to be from that ER correct. Can I have someone with a current S-corp petition for a concurrent H1B Visa if I will not be directly working through them?

Expert:  Expert James replied 1 year ago.
Chantel,

Thanks for the Excellent rating.

Yes, that is true. But practically, one can theoretically be sponsored and technically employed by a placement agency who contracts her out. The agency is the employer and then contracts out that employee. But the agency must also have the alien on payroll.

So the answer is yes, the person has to be employed by the sponsoring company. But if the company has the alien on payroll and contracts the alien out, this could work.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 1 year ago.

So if I could get a sponsoring corporation, who contracts me out, if I am contracted out to say an Emergency Department, then the Emergency department would pay the sponsor who in turn pays me? Correct. Sorry I'm being such a pain I'm just trying to get this right

Expert:  Expert James replied 1 year ago.
Yes, that is correct. The ER would pay the sponsoring agency/employer, and the agency would pay you.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 1 year ago.


So last time, say I have a current s-corp OR LLC owner willing to file a concurrent H1B for me, I would be able to resume employment through them with a company who says they do not file that? For example, I was employed in the ED with a company called Schumacher. They informed me that they do not file concurrent H1B's and as a result could not continue my employment, however, if I am able to get an S-corp or LLC owner to agree to file a concurrent I should be able to resume my employment correct? As long as the concurrent H1B is filed?

Expert:  Expert James replied 1 year ago.
Deborah,

If the employer who sponsors your H1B gets approval from the USCIS, then you can work for them. And the agency-contract worker relationship can be a valid H1B sponsorship.

Your attorney and the agency and the ER have to work out the details. I can't work out the contractual details for you because I am not your attorney. I am only allowed to give general information.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, just go to Ask Expert James an Immigration Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7655
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and other Immigration Law Specialists are ready to help you

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