# Question about H1B visa application



## arielle (Feb 22, 2011)

The company that I currently work for (I'm still on a student visa) wants to sponsor me for an H1B visa. The Labor Condition Application already is approved. Will the company have to hire a lawyer to do this or is it possible without? Also, I don't find the official instructions for form I-129 very useful. Are there more detailed instructions somewhere online that explain the lines in detail?


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## twostep (Apr 3, 2008)

uscis.gov is the official source and goes into every detail. A company is not required to use an attorney but I have never come across one not using legal assistance for H1B.


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## arielle (Feb 22, 2011)

Thanks for your quick reply. Yes, that's what I thought that many companies prefer to use a lawyer. The company that I work for is small. While they are paying me prevailing wages, they want to save costs for a lawyer and do the application themselves. The official instructions on the uscis website are not very detailed and basically force people to hire a lawyer.


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## twostep (Apr 3, 2008)

arielle said:


> Thanks for your quick reply. Yes, that's what I thought that many companies prefer to use a lawyer. The company that I work for is small. While they are paying me prevailing wages, they want to save costs for a lawyer and do the application themselves. The official instructions on the uscis website are not very detailed and basically force people to hire a lawyer.


I assume you are on OTP. ??? 

Personally I see nothing difficult on convaluted with the official forms and instructions. A company wanting to save on a couple of hours of attorney fees (which are tax deductible) might be a concern. 

Please feel free to ask specific questions. Everyone here will answer to the best of his/her capability.


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## arielle (Feb 22, 2011)

Yes, I'm currently doing OPT. I have been working for this company for my entire OPT period, more than 2 years (I'm doing OPT extension). Yes, the company is cheap, I know. But there's nothing I can do about it. 

I had a few specific questions about form I-129.

1) On page 1, it says "Individual Tax Number" and "Social Security Number." I assume this has to be left blank, since it's a company that's sponsoring me and not an individual? 
2) What is the start date? Is it October 1? My OPT will expire in the middle of July, but I think there is a cap gap, so I could legally work until the H1B starts. Is it ok if the company chooses October 1 as start date?
3) The form asks for an Alien number. Is that the number that's listed on my EAD card (OPT work authorization card)?

Thanks to all who can give me some clues!


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## twostep (Apr 3, 2008)

arielle said:


> Yes, I'm currently doing OPT. I have been working for this company for my entire OPT period, more than 2 years (I'm doing OPT extension). Yes, the company is cheap, I know. But there's nothing I can do about it.
> 
> I had a few specific questions about form I-129.
> 
> ...


I do not have time to go through all of your questions right now.
1) Questions taken out of context are impossible to answer. I assume you are talking about Form I129 Part I Petitioner Information. Depending on the legal status of your sponsoring employer j/k/i may be applicable. Which one?


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## arielle (Feb 22, 2011)

Yes, I was talking about Part 1 (Petitioner Information) on form I-129. The employer has a Federal Employer Identification Number (item j). I just wasn't sure what is meant by Individual Tax Number and Social Security Number.


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## Bevdeforges (Nov 16, 2007)

arielle said:


> Yes, I was talking about Part 1 (Petitioner Information) on form I-129. The employer has a Federal Employer Identification Number (item j). I just wasn't sure what is meant by Individual Tax Number and Social Security Number.


If it's in the section on individual identification, then you will eventually need to have a social security number (which registers you for tax purposes). If you are already working for this company, you should already have one if you're being paid for your work.

The Tax ID number is a number assigned to non-resident aliens who need to be identified for tax purposes.
Cheers,
Bev


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## arielle (Feb 22, 2011)

Yes, I know what a social security number is and I have one. But my question was unrelated to this. I was referring to a specific form (I-129) where it asks about information about the petitioner (which is the company that I work for). Anyway, thanks for your reply.


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