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H1-B Experience Anyone?

thompson's gazelle

Hello, I've been posting a few threads on a similar topic every now and then, but recently I was searching the net and found some information on H1-B visa issues which I want to know if it's true or not.

So the process I thought I knew before was that I apply for a job, get accepted, apply for a working visa early April, pray hard, the visa is issued October 1st.

I was educated in the states, but for personal reasons had to come back to my home country giving up my OPT. So that 6 months' gap between applying for and acquiring the visa was the devastating factor for me since no architecture firm would hire a junior designer 6 months prior to the date he/she could actually start work.

Then I read something about an express service to which you can pay about $1000 and the visa is issued within a month or so.

For those of you who went through the experience of getting a H1-B visa sponsored, I would like to ask if the "express procedure" is a real life thing. I hear from my friends who are still in the states that the market's getting better and better, and people are hiring a lot especially in major cities. If I can reduce the gap from 6 months to 1, I would be in a much more hopeful situation.

Any related feedback will be greatly appreciated. Thanks!

 
Jan 27, 16 1:48 am
JLC-1

Call the american embassy in your country, I don't believe such an express service exists. I did too long ago, but it didn't take 6 months, more like 2 or 3. It may depend on the country.

Jan 27, 16 10:03 am  · 
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3tk

I would also contact an immigration lawyer - a good one can expedite the procedure.

Jan 27, 16 4:11 pm  · 
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vi_d

First and most important question to ask: Have you found a firm willing to hire you and sponsor you for the H1-B?

You should start there and, when you get an offer, consult an immigration lawyer.

A lot of architecture firms that used to hire foreign professionals do not want to deal with H1-B process anymore as all available visas (there is an annual quota) get immediately swallowed by tech firms and other applicants have to wait till next year. Not a good prospect if you need to bring somebody in ASAP for a new project.

My 2c

Jan 28, 16 8:50 pm  · 
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empea
To my knowledge the April 1st application - October 1st visa issuance cycle is the only way there is with H1Bs. The $1000 you mention could possibly be referring to the "premium processing service" that the USCIS offers. What it means however is just that they have to give a response - yes, no or request for evidence - within 15 days. It does not however change the above dates. There is also the O1 visa which doesn't have any times of year or caps tied to it, but it is a longer and pricier process in itself as it requires you to prove "extraordinary ability" through a series of criteria. Details on all of this is easily accessible on the USCIS website. HTH
Jan 29, 16 2:47 pm  · 
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sameolddoctor

GET A GOOD IMMIGRATION LAWYER. ENOUGH SAID.

Jan 30, 16 5:22 pm  · 
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empea
Yes true. But also no. A lawyer will do you zero good if you don't have a job offer: the H1B is an employer petitioned visa meaning they apply on your behalf. So in other words if you're in the market for an H1B get yourself a job offer that includes visa proceedings first and foremost. If you were to go for an O1 on the other hand, things are a bit different. It's all outlined here: https://www.uscis.gov/working-united-states/temporary-workers/o-1-individuals-extraordinary-ability-or-achievement/o-nonimmigrant-classifications-question-and-answers

It's a bunch of legalese and in this case you should get a lawyer to help you: while you can't "self petition" for an O1 either, there are ways around traditional employment requirements. I know several people working in the arts and who don't hold a "job" in the regular sense and who have this type of visa. Again, here a lawyer would be of great help.
Jan 30, 16 6:32 pm  · 
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Bench

Hey TG, weren't you looking at a working holiday visa? If that's on the table I'd take another look at it. I just took the leap with one and found it to be an exceptionally easy process when compared to getting 'real' visa's. It even took less time than my exchange study visa (quicker by almost a month).

Jan 31, 16 5:40 am  · 
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thompson's gazelle

Wow thanks for all the responses over the weekend-

Whether I have a potential job offer set up in advance? No. So I'm probably hopeless.

@empea

What you mentioned is almost exactly what I wanted to know--whether I can pull the Oct 1st a few months closer. But I guess that doesn't happen. Killed my hope, but thanks for the information! Maybe I should talk to a lawyer and look into ways to get an O visa, although I also heard from my friends that the hassle is much much worse than getting an H1-B. 

@Bench

Yes, I was also interested in working holiday visa, but the US doesn't offer my country one. Possible options I'm thinking about is UK, Canada and Australia. There are a bunch of European countries (France, Germany, Portugal, and etc) that also offer working holidays but since I only speak English and my native language, I'm seeing those options as less viable.

Jan 31, 16 7:17 pm  · 
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empea
I had an O1 visa when I first came to the US and it took about 6 months from interviewing with the company til starting date. So very much faster than H1B it ain't. It does however free you from the annual cap on H1B which during the past four cycles has been reached in a matter of days. It also has infinite renewal, in theory, unlike the H1B which if I'm not mistaken is limited to 2x3 years. Another one still is the mysterious J1 which is apparently easy to get but will only last you 18 months.
Feb 1, 16 7:40 pm  · 
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empea
It should be said that the O1 processing time in my case was part due to the nature of the visa itself, part due to a very bureaucratic organization that were hiring me and with a somewhat dysfunctional HR department. Adding to that the immigration lawyer were a large firm who are the go to for most bigger firms in NYC but who are pretty uneven. Or as a lawyer friend put it: "if you're ambitious and talented you either go for the big bucks in corporate law or you go for prestigious high profile non profit work, the rest work for places like [that firm]".
Feb 1, 16 7:46 pm  · 
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