Some Terms F1 & H1 holders must know

Posted on May 29, 2009. Filed under: F1 Visa, H1B |

Some legal terms H1B and F1 Visa holders should know

What is a petition?

A petition is nothing but the application you filed with USCIS. It can be called as application also.

 Who is a Petitioner and beneficiary? 

In immigration law, a petitioner is a U.S. resident or business who makes a formal request that a foreign national be allowed to enter the United States.

The foreign national is called the “beneficiary.” 

 What is a H1B sponsorship?

 Legally every H1B application should be sponsored by Employer who is in a need of resource to perform a job function in his organization or at his clients place.

Sponsoring means, paying money for the application (H1B filing fee), owning the responsibility of the immigrant status, has to pay monthly salary, provide benefits and other legal stuff.

 H1B Receipt Notice

 A receipt notice is an acknowledgement for the application you have filed with USCIS. The day your application is received, USCIS will send the receipt notice to all applications. Beneficiary and Petitioner can check the status online to see if their petition is approved.

 Approval notice

 An approval notice is a confirmation that the petition (H1B application) is approved.

 I 797

 Form I-797 will issued to the prospective U.S. employer by the Department of Homeland Security (DHS) upon completion of Form  I-129 and its approval by U.S. Citizenship and Immigration Services (USCIS).

A copy is usually sent to the applicant and to the registered legal representative.

 I 94

 A USCIS Form I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date, the date when your authorized period of stay expires. You will receive an USCIS Form I-94 or I-95 from an USCIS inspector when arriving in the United States at a land border port-of-entry or from an airline or ship representative when arriving at an air or sea port-of-entry by aircraft or ship. The form must be completed and presented to an USCIS inspector who may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad.  Do not lose this form.  When you leave the country, you should give the USCIS Form I-94 or I-95 to your airline or ship representative.

 What is a Query?

 A query is nothing but a question that needs to be answered by the Petitioners when they receive notification from USCIS.

 What is a RFE?

 A RFE is Request For Evidence. If a Petitioner receives RFE from USCIS, he would need to answer the posed questions within a given time limit in order to get his petition (application) approved.

 What is Corp to Corp (C2C)?

 All H1B visa holders must opt Corporation to Corporation contract type while applying for jobs. It can be called as C2C or Corp – Corp. As their H1B is being held by an employer, his employer can work with other vendors on Corp to Corp basis. That means, once the employee gets job, he will receive pay check from his employer and his employer will get a check from a vendor who provided the job to the employee. H1B Visa holder directly cannot work with other vendors or other employers as they need sponsorships.

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