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 H1B process
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Posted on 12-15-13 4:27 PM     Reply [Subscribe]
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Hello sajha friends
I recently got a FT offer with a big company to start this June. They will sponsor my H1 visa as well. I have a quick question here though. I know the filing date for H1 is April 1st but I am not sure if I have to tell my company that I am an international student seeking sponsorship. So far I have only received the offer letter which I signed and sent it back to them. Do you guys think I have to let em know that I am an international student seeking sponsorship or actually wait a little bit. I haven't got anything from the company after the offer letter so I was getting a bit restless.
One more question, is the h1 quota still gonna be 65k for EB2 and 20k for EB3 or is there a chance they might increase it coz of what happened last year.
Guys please give me some answers.
Posted on 12-15-13 5:48 PM     [Snapshot: 53]     Reply [Subscribe]
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i would suggest u to better wait and if the company u will be working for is non profit organization, it can sponsor u anytime and doesn't have H1B quota limitations....
Posted on 12-15-13 5:50 PM     [Snapshot: 58]     Reply [Subscribe]
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Mbored thank you for the answer. no they are not a not for profit organization. I was told by my recruiter that they will start processing for FT employees once the interns get done in January so I think that's why they haven't contacted me yet.
Posted on 12-15-13 8:32 PM     [Snapshot: 145]     Reply [Subscribe]
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Suggestions guys?
Posted on 12-16-13 9:18 AM     [Snapshot: 319]     Reply [Subscribe]
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@jumbofish: If the company is going to hire you directly (no contract or vendor) then they will run a full background check on you. I don't know what you might have in your resume, but what I know is I know a guy who applied for an IT job in a bank (he is a green card holder). He had experiences from Nepal that he mentioned in his resume. During the background check process, the company even called Nepal to verify.

Don't rush but wait for the company to response to you. If it does not work out, my suggestion is hook up with a consulting company and tell them u r ready to work for them as long as they apply for ur H1 this year. Once you get ur H1, you can always change the employer for a better pay.
Posted on 12-16-13 9:27 AM     [Snapshot: 319]     Reply [Subscribe]
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If you know that your company is willing to file H1B, then why wait? and make things complicated? Let them know in advance and you know things might not turn out to be on your side when they find out later on and it might be too late for you if they decided otherwise. Also, EB2 and EB3 terms doesn't apply to H1B filings ( although I know what you mean, and yours is other way around). EB2 and EB3 are terms used in green card process. Bachelors Degree is 65K and Masters and above degree (advance degree) are 20K. Also, Out of that 65K, I believe 10K or 5K are already gone to Philippines and Hong Kong Nationals. I don't see any indication that quota will be increased for this year filings. Looking at this year filings (2013), June might be late for you since I think within a week all quotas applications were full. Things were different prior two years 2011 and 2012. IN 2011, They were accepting application until late October and November. AT this point there is nothing you need from your employer besides job offer letter. My best suggestions to you - Let your employer know that what happened last year with H1B filings. Convinced them to file your H1b in the first week of April ( Don't wait until June; I doubt that there will be any left). If you are Masters quota, then you might have more than a week, But I doubt that Bachelors will have any left after 1st week. If you have a OPT or if you can extend OPT until next year April 2015, then your best bet would be to work on OPT.
Posted on 12-16-13 12:20 PM     [Snapshot: 406]     Reply [Subscribe]
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Awesome responses guys thank you. I already have the offer letter and will probably start working in June. However I am still in school and I will graduate next semester. The company that I will join is a big company and they will for sure sponsor my h1. In order to apply for the H1 visa do I apply or will the company apply for my behalf? I think that is the main question that I have been having.if they apply for me then they probably will ask for me documents soon. If I have to apply myself,what should I do next?
Thanks guys
Posted on 12-16-13 12:54 PM     [Snapshot: 427]     Reply [Subscribe]
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H1-B will be processed by the company and you will need to provide necessary documents. Read this article : 

Posted on 12-16-13 12:57 PM     [Snapshot: 437]     Reply [Subscribe]
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MVC bro
Thank you for sharing the link. Appreciate it.

Posted on 12-16-13 1:27 PM     [Snapshot: 443]     Reply [Subscribe]
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I have  similar questions. Here's the sceneario. I already have a masters and working on second masters which will be done in May 2014. I wont be able to get another OPT since I burned them all. The consultancy says that they will file for H1B  coming April. I think I have to wait till Oct1 2014 before I can work if H1 B is approved. So do I still have to go back to school for Fall 2014 to maintain status. My college or nearby colleges dont participate in CPT.  How soon  can you file for greencard once you are in H1B? How long does it take? Whats the quickest way to get greencard for F1s? I am tired of going to school. I feel like I am at dead end. Any input will be appreciated.

Posted on 12-16-13 3:01 PM     [Snapshot: 483]     Reply [Subscribe]
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@jumbofish -- I guess Its safe to assume that you will be graduating in May 2014, and therefore you will start work from June. And I guess you will have your OPT at that time valid for 12 months. And By this time you already know that H1-B application is initiated by Employer, although there are documents that your will have to furnish..Also you can hire your own attorney (provided your company is OK with it) to do all the applications, just make sure that Employer pays for all the applications fees. This is a LAW. Here are the couple of scenario that you can think .. Since you will have your OPT for first 12 months until May 2015, do Not worry about filing H1-B coming year in 2014. File in 2015 April. There is something called CAP-GAP rule that allows you to work even your OPT expires before October 1st ( October 1st is when actually your H1-B starts) if you have filed for H1-B before your OPT expires. In your case your OPT doesn't expire until May 2015, so if you file H1-B in April of 2015, you can still continue to work until October 2015. The only thing is that your H1-B doesn't get rejected. If you are STEM, and can extend your OPT another 17 months, work on OPT. and file H1-B on the last year. @kaaluBaby -- This happened around 2007. I had two friends who graduated with Bachelors degrees in Chemistry. They worked for a year in OPT. Then they joined back in Bachelors again, this time in Med technology. Once They graduated, they were able to get OPT again for another year. I know your are referring to one OPT per degree level. But Somewhere I heard that if your second degree is substantially different than previous degree, you can file for another OPT. Make sure with your international advisor, try to convince them, there might be some rules somewhere in USCIS. You know sometimes these international advisors doesn't know all the rules. They change too...Find it print them and take with you...
Posted on 12-16-13 3:24 PM     [Snapshot: 499]     Reply [Subscribe]
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Stupida bro you seem to know a lot about these kinda situations. Thanks so much for such an elaborated response. I truly appreciate it. I am not too concerned that my h1 app will be denied because all the info on my resume is correct and I actually got the job through myself without any consultancies or anything of that sort. My only concern was that my employers have not contacted me after my offer letter and whether I should let them know that I am an international student needing sponsorship. But I think I will just wait until after Christmas and contact my recruiter and see what she says. As I mentioned in my previous post, she had previously told me that they will start the process for new hires in January after interns complete thierinternships, so my best bet at this moment will be to wait till January and see what happens.
I hope everything pans out in my favor. I will keep everyone posted. I am sure there are a few guys who are in a similar situation. Sorry for the typos
Thanks again
Posted on 12-16-13 5:57 PM     [Snapshot: 546]     Reply [Subscribe]
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@stupida Thanks for your response.
I will definitely look into if I can get another OPT. Does anybody know if anyone has got second OPT on second Masters (may be with different major) Also, repeating my question from previous post to this thread. How soon can you file for greencard once your H1B is approved? Does it depend on consultancy and their contracts or depends upon the USCIS rule?

Posted on 12-17-13 7:22 AM     [Snapshot: 636]     Reply [Subscribe]
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@Kaalubaby ,

Only one OPT is issued for one degree (i.e, Associate, Bachelor, Master & PHD). Since you are doing second master , you are not qualified for an OPT. You can apply for H1B directly and if got approved, you need to leave country and come back or you need to maintain your student status for the time being. 

Posted on 12-17-13 11:43 AM     [Snapshot: 694]     Reply [Subscribe]
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Is it mandatory to leave for stamping after getting an H1? Can't we work for a few more the and then maybe go for stamping?
Posted on 12-17-13 12:12 PM     [Snapshot: 710]     Reply [Subscribe]
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You can stay here without stamping after your H1B is approved for approval date authorized in H1B. If they are sponsoring your H1B then I don't think they care you are you in OPT F1 or foreigner that is what H1B is meant for.Just make sure you graduate in time with all requirements met and you can work with them in OPT ( apply that in time as well after graduate) and later work with them on H1B once that is approved.Hope that helps.
Posted on 12-17-13 12:41 PM     [Snapshot: 723]     Reply [Subscribe]
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@Kaalubaby -- Technically there is no relation between H1-B and green card process. They are separate and has no impact on each others. But then in the practical world they go hand by hand. To answer your question, You don't have to be in H1-B to file green card. Most of the people forget to realize that green card through employment is for future job and future positions. But that's usually not the case in the real world. Any company can start your green card process right now. But I know its hard to find company doing that. Also, you can work for some company on H1-B, and another company can file your green card process. Hope this helps answer you questions. Also, consultancies can file green card right now, from the day you have H1-B.But this is very unlikely. Best case Scenario after 6-12 months they might start the process.

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