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H1B Visa, INS Approval & Job Offer Letter

Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

I got INS Approval to work in a big wireless company in Atlanta a few weeks ago. I am now waiting for the papers to reach me through FedEx. In the meantime, I am curious to know whether INS approval letter contains the name of the company who sponsored me? For example, say I got job in ABC company and now they are bargaining with me regarding salary issue although already they made my INS approval done by their law yer. Now another company XYZ is offering me. In this case, is there any feasibility that XYZ can transfer the INS approval to their name? Or say company ABC refuses to send me the job offer letter adn only sends me the INS approval letter. Then can I get the H1B visa only submitting the INS approval letter without showing the US embassy any job offer letter? I'll appreciate some lights on it.
:roll:


Ashik Uzzaman
Senior Member of Technical Staff, Salesforce.com, San Francisco, CA, USA.
soniya saxena
Ranch Hand

Joined: Nov 18, 2004
Posts: 300
-First of all I am surprised how company ABC filed for ur H1 without u having signed the offer letter. Usually a company files for H1 only after you sign their offer letter.

-Did u not negotiate the salary before they filed ur H1. Or are they trying to re-negotiate now?

-Are u sure that this company is a big wireless company in Atlanta cuz it is highly unlikely that such a company will do so. Seems to me like some contracting company. Can u name the company.

-You cannot transfer ur H1 to XYZ unless u have worked for ABC in the US and u have payslips to prove that.

-Ur H1 papers will contain the name ABC.

-If at all u wish to join XYZ, they will have to file a fresh H1 for u.


Originally posted by Ashik uzzaman:
I got INS Approval to work in a big wireless company in Atlanta a few weeks ago. I am now waiting for the papers to reach me through FedEx. In the meantime, I am curious to know whether INS approval letter contains the name of the company who sponsored me? For example, say I got job in ABC company and now they are bargaining with me regarding salary issue although already they made my INS approval done by their law yer. Now another company XYZ is offering me. In this case, is there any feasibility that XYZ can transfer the INS approval to their name? Or say company ABC refuses to send me the job offer letter adn only sends me the INS approval letter. Then can I get the H1B visa only submitting the INS approval letter without showing the US embassy any job offer letter? I'll appreciate some lights on it.
:roll:
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

Dear Soniya,

Thank you very much for the clarification. I provided several of my papers to Company ABC. They fixed my salary earlier and everything is going okay so far. I signed 3 papers, one job description letter...I understand that is the job offer letter; another one my technical skills description and the other I forgot. I sent them through FedEx and after one month I was notified that my INS has been approved. I thought after the company arranged INS approval, I have to get the job offer letter signed by them. I am now waiting for those two papers and not interested to proceed through comapny XYZ. In fact, I had to FedEx so often the last 2 months that I even forgot how many papers I sent, which I signed or not. Sorry for the misunderstanding created by my post above.

I got my INS approval under 2004 quota. But there is some delay being made by my USA company to send me the papers. This is why I am feeling so confused . I think I can take breath only after receiving the INS paper and job offer letter from them. I hope for the best and prepare for the worst.

Do you guess any thing wrong about this enexpected delay of about one month?
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

Dear Jay,

Its not the company but the middleman, regarding how much money will be cut from my first few months salary to the middleman as his expenses. But the company mentioned the salary in the job description letter clearly and now I know from this post that it can't be changed. I did not explain well my problem in my first post which I apologized in my following post after saxena's reply. I am confused because of the delay, nothing else. As I really dont know the H1B processes, I told sorry to Saxena in my last post for creating confusing statement. But from Saxena's and your reply, I got some idea about it.

By the way, what is BS? If it is bull shit, then please tell me did I offend you in any way? You never need to beleive what I say, but please don't make this place so uncomfortable. We didnt come here to fight, I asked for help and was expecting polite reponses anyway. If someone doesn't like it, just leave it.

--- Ashik
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

Another question: INS approval doesn't mean H1B Visa, right? The US embassy still has the power to refuse visa even after I show my INS approval letter. So we cant use these two as synonyms. Correct me if I am wrong.

--- Ashik
Rr Kumaran
Ranch Hand

Joined: Sep 17, 2001
Posts: 548
Hi Ashik,

Can you please give the details of the your prospective employer and what kind of job profile, technolical profile is he demanding and other salary details and any website / url details to apply to them.


Thanks & Regards,


RR Kumaran
SCJP 1.4
Jeroen Wenting
Ranch Hand

Joined: Oct 12, 2000
Posts: 5093
INS approval is indeed just one hurdle you need to pass.
But INS approval will likely be dependent on the same terms as the visa itself, therefore linked to a contract with a named company (after all, they want people who pay taxes which means hold a job at a place they know and not walking the street working on the black market).


42
soniya saxena
Ranch Hand

Joined: Nov 18, 2004
Posts: 300
Ashik,
sorry to say this, but ur post is terribly confusing. I am still not sure abt what u r trying to say. can u explain ur recruitment process in detail. ur initial post indicated that u got a job with a wireless company in atlanta. ur subsequent posts indicate the existence of a middleman. seems to me that u have got a job with ur middleman which is a contracting company. in most cases, it is highly unlikely that a contracting company can fix a contract for u in the US while u r in India. Did somebody from this wireless company interview you at all? Is that company willing to wait all this time for ur H1 to be filed, for it be approved, for it to be stamped and for u to arrive in the US. I think you have absolutely no idea of what u r getting into.
as i said earlier, try to explain ur recruitment process in more detail and people here maybe able to explain to u as to what is happening with u.

Originally posted by Ashik uzzaman:
Dear Jay,

Its not the company but the middleman, regarding how much money will be cut from my first few months salary to the middleman as his expenses. But the company mentioned the salary in the job description letter clearly and now I know from this post that it can't be changed. I did not explain well my problem in my first post which I apologized in my following post after saxena's reply. I am confused because of the delay, nothing else. As I really dont know the H1B processes, I told sorry to Saxena in my last post for creating confusing statement. But from Saxena's and your reply, I got some idea about it.

By the way, what is BS? If it is bull shit, then please tell me did I offend you in any way? You never need to beleive what I say, but please don't make this place so uncomfortable. We didnt come here to fight, I asked for help and was expecting polite reponses anyway. If someone doesn't like it, just leave it.

--- Ashik
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

Thank you sxaena. Let me explain by points.

1. I got the invitaiton for applicaiton for java developer position in USA under H1B 2004 quota through an online job board in Bangladesh (not India). I applied with my resume indicating my 4+ years experience in Java and related technologies.
2. After several screenings including telephone interviews of short listed candidates, 2 of us got selected by the middleman who is also an employee of Company ABC. [I am omitting the names until I get the visa, just keeping information silence]
3. We sent all our certificates, job experience letters and other papers to him.
4. He sent 3 forms/papers through FedEx inclduing job offer letter that indicated the salary clearly.
5. We signed the papers and sent back to him through FedEx.
6. I had to wait one month to get the news from him that my INS application has been approved but my mate's application is pending asking for a few more papers by INS department.
7. My mate's INS application has also been approved after 3 weeks of my approval.
8. The middleman is bearing all the expenses (overseas phone calls, FedEx, his own time value etc) from his pocket which is supposed to be paid by us or by the company after we join the job in USA. The amount should not be much and is not yet fixed.
9. Now he is supposed to send us all the necessary papers by next week. But as I am waiting for almost one month, I got a little impatient and made the post here so that I can know if there might be any thing wrong here.
10. In the meantime, I got an offer from Tokyo that I rejected and an offer from another firm in USA, which I am keeping as an option to me in case there is some problem with my Company ABC offer. This is why I would like to know that in case there is any problem with Company ABC, may I switch my job and join another company of USA. This can happen in 2 formats, first before I get the visa to go to USA and second, after I reach USA, join company ABC, work for a while and then I find that I have better options in other companies.

I think this is all that happended. Please tell me if I skipped anything here.

1. Is there any mark like as I got H1B through Company ABC, I must work 3 years here? I didn't find anything in my offer letter like that or may be I skipped.
2. What are the papers I need to show in Bangladesh USA embassy other than the INS approval letter? Does job offer letter includes?

Regards,

--- Ashik
Jose Velarde
Ranch Hand

Joined: Sep 11, 2002
Posts: 78
Originally posted by Ashik uzzaman:
This is why I would like to know that in case there is any problem with Company ABC, may I switch my job and join another company of USA. This can happen in 2 formats, first before I get the visa to go to USA and second, after I reach USA, join company ABC, work for a while and then I find that I have better options in other companies.


You can only work for the company the petitioned for H1B. If you want to swith job, the 'other' company should apply for new H1B. You can have as many H1B petitions as you want.


1. Is there any mark like as I got H1B through Company ABC, I must work 3 years here? I didn't find anything in my offer letter like that or may be I skipped.

With a reputable company, nothing will prevent you from resigning. You may find a clause in your job offer which says 'employment-at-will'--- this goes both ways. But again, if you will work for another company, that means you need to apply for another H1B.

2. What are the papers I need to show in Bangladesh USA embassy other than the INS approval letter? Does job offer letter includes?

You need NOA (I-797), job offer and all the other papers you provided when you apply.

Good Luck! Btw, I work in Atlanta and If you have any questions in moving here just let me know.
Manish Hatwalne
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Joined: Sep 22, 2001
Posts: 2578

Ashik, congrats!!!
I am sure you'll do well there!!!

- Manish
soniya saxena
Ranch Hand

Joined: Nov 18, 2004
Posts: 300
Ashik, from what u just described it seems that nobody from the wireless company ever spoke to u. All ur interviews were conducted by the middleman.

The offer letter that you received was also for the middleman's company, right?

So I hope you understand that your employer is going to be the middleman, and not the wireless company. So it is wrong to call this company the middleman. This is the company who will be issuing ur payroll in the US. This is ur employer. Lets call this company as A. A can use the services of middlemen to find contracts for you. Lets say you get a contract in company B in which case B is called the client. Ur employer and middlemen will forever get a cut out of the amount B pays for ur services.

Some other points-
To get a contract, you will be interviewed by the client company after u arrive in the US.
A contract can be a short as 3 months or even lesser. After that, u again start giving interviews to get the next contract.

All this is pretty normal when u work with a contracting company.
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

How are you Manish! Long time we are not in touch. Thanks for the appreciation.

Soniya Saxena, you made me clear about my position after reading my points. Thank you again, I was earlier misunderstanding things due to communication gap between me and my USA counterpart.


Ashik, from what u just described it seems that nobody from the wireless company ever spoke to u. All ur interviews were conducted by the middleman.


Exactly. I was earlier as conincidentally my middleman is also an employee of that wireless company. So I thought Company ABC is contacting me. My foolish misinterpretation.


The offer letter that you received was also for the middleman's company, right?


He FedExed the papers to me a few hours earlier and then phoned me just now. So its clear for me now, I am getting employed by the middleman's company, not the wireless company.


Lets say you get a contract in company B in which case B is called the client. Ur employer and middlemen will forever get a cut out of the amount B pays for ur services.


Now I understand this is where there might be some bargaining issues.


To get a contract, you will be interviewed by the client company after u arrive in the US.


Yes, he informed me earlier about interview after arriving in USA and I was confused why should I give interview again as I was the top choice for them after a series of interviews over phone.
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

Where can I get more information about the structure and processes of such middleman companies in USA? Specialliy the format like Company A, Copany B scenario explained by Soniya - 3 months contract and then again 2 months no job, again 6 months contract etc. It seems really interesting to me!
Mike Gershman
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Joined: Mar 13, 2004
Posts: 1272
By the way, what is BS? If it is bull shit, then please tell me did I offend you in any way? You never need to believe what I say, but please don't make this place so uncomfortable.


One word of advice:

When you get to the US, you're going to have to develop a much thicker skin. People use phrases like BS and much worse all the time with no harm intended. They are not going to adjust their language to your sensitivities.

It amazes me how people come to the US and Western Europe to reap the material benefits of a wide open society and object to the freedoms that produced those benefits. This seems to be an even bigger problem in Europe than the US.

To quote a popular song: "When you take you gotta give so live and let live". Words to live by.


Mike Gershman
SCJP 1.4, SCWCD in process
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370


One word of advice:

When you get to the US, you're going to have to develop a much thicker skin. People use phrases like BS and much worse all the time with no harm intended. They are not going to adjust their language to your sensitivities.


Thank you Mike. This is really unbeleivable to me at first hearing. I really need to develop word tolerance in myself. I think if I can't adjust with it, I'll get back to my home country again. I have left jobs earlier in my career only for a single harsh word. In my city I have a definite face value and thus I could switch jobs within a week's notice any time. But I understand this is USA, a new country, a new culture, and so may be I'll need a new set of attributes to hold in me. Let me try once I reach there.
Jeroen Wenting
Ranch Hand

Joined: Oct 12, 2000
Posts: 5093
It's worse in Europe. People come here to reap the benefits who refuse to learn our languages and adept to our cultures in any way, then complain when we don't go out of our ways to make them feel at home...
In English speaking countries this is less of a problem maybe.
Damanjit Kaur
Ranch Hand

Joined: Oct 18, 2004
Posts: 346
People come here to reap the benefits who refuse to learn our languages and adept to our cultures in any way,


Learning a language is not a problem but adapting to new culture takes some time because its hard to drop away one's beliefs system right away.
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370


Originally posted by Jose Velarde:

You need NOA (I-797), job offer and all the other papers you provided when you apply.

Good Luck! Btw, I work in Atlanta and If you have any questions in moving here just let me know.


Thakn you Jose. Can you please tell me a little about current job market in Atlanta. I'll go to Roswell city at the end of February probably. Of course I also need to know a few good places to visit as well. I heard of Stonehill a few days earlier. In which ciuty you are? Is there any active JUG (Java Users Group) In Atlanta?
:roll:
Jose Velarde
Ranch Hand

Joined: Sep 11, 2002
Posts: 78
Originally posted by Ashik uzzaman:


Thakn you Jose. Can you please tell me a little about current job market in Atlanta. I'll go to Roswell city at the end of February probably. Of course I also need to know a few good places to visit as well. I heard of Stonehill a few days earlier. In which ciuty you are? Is there any active JUG (Java Users Group) In Atlanta?
:roll:


Java job market is relatively ok in Atlanta. There are various users groups which are actively involved in promoting Java. Check
AJUG more info.

I used to live in Roswell but moved to Alpharetta two years ago. We have a neighbor from Bangladesh. If you want, I can introduce you to them.
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

Dear Jose,

I found 3 Bangladeshi IT professionals in Atlanta by now. Mr. Ihsan Huq Rozen, Mr. Saiful and Mr. Farook Rashid. Please let me get introduced to the one you know. It'll be my pleasure. Where can I get a soft copy of a map of Atlanta?

Thanks for your cooperation.
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

I am currently working with H1B visa in Atlanta, USA. I have some knowledge of the job market here by now. I'll update you on them another day. Take care.

-- Ashik Uzzaman
421 Bentley Place
Tucker, GA 30084.
Rahul Juneja
Ranch Hand

Joined: Aug 03, 2002
Posts: 425
Ashik,

Can you now tell us which middleman you joined and are u still working with them.

And also have they beared the whole cost of H1-B stamping.

Cheers,
Rahul


Rahul Juneja
ThoughtClicks - http://techlabs.thoughtclicks.com
Ashik Uzzaman
Ranch Hand

Joined: Jul 05, 2001
Posts: 2370

I better not mention the name of the consulting company that sponsored me H1B. But they brone all my H1B realted expenses, I only had to buy a ticket to come to Atlanta.
Rahul Juneja
Ranch Hand

Joined: Aug 03, 2002
Posts: 425
Infact, I am allready in Chicago Just wanted to know if they can file my H1

cheers,
Rahul
Jeroen Wenting
Ranch Hand

Joined: Oct 12, 2000
Posts: 5093
If you're working there legally (meaning under a shortterm work permit, not a tourist visa...) the company you work for should be able to try and get you H1 status.

Anything else would be fraud and would hopefully get you extradited and the companies involved blacklisted for future visa approval.
Vishwa Kumba
Ranch Hand

Joined: Aug 27, 2003
Posts: 1064
Originally posted by Ashik Uzzaman:
I am currently working with H1B visa in Atlanta, USA. I have some knowledge of the job market here by now. I'll update you on them another day. Take care.

-- Ashik Uzzaman


Good Luck Ashik!
In the dot com days, there were plenty of jobs! Life was easy......But now things are different. Contract positions for H1B visa holders is difficult and life is a struggle.
Rahul Juneja
Ranch Hand

Joined: Aug 03, 2002
Posts: 425
If you're working there legally (meaning under a shortterm work permit, not a tourist visa...) the company you work for should be able to try and get you H1 status. ........... Jeroen


I am presently on L1-B Visa and looking for soe H1-B sponsorship.

Hope this makes clear, that I am legally in the country.


Cheers,
Rahul
 
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subject: H1B Visa, INS Approval & Job Offer Letter