H1B Visa process

blue-army

Hi there,

Currently in the US on the J1 graduate visa.

Recently started a new job and the company has agreed to sponsor me to stay with them.

My employer is aware of the fees involved but is unclear about how exactly to go about the process. (Guessing H1B is the only visa option available?)


I know the window for applications opens on April 1st.

What is the turnaround from that point? (My current visa expires in July)

Thanks

silja

If you are successful (it is usually a lottery for the H1B, as so many applications), you'd get the visa in October.
Normally these sorts of visas are filed by the employer's lawyers.

blue-army

silja wrote: »

If you are successful (it is usually a lottery for the H1B, as so many applications), you'd get the visa in October.
Normally these sorts of visas are filed by the employer's lawyers.

Thanks for the reply.

Are you permitted to continue in the US until you get notification?

What are the odds on the H1B lottery?

biddywiddy

Applying for the H1B does not give you permission to stay in the US. Even if you are successful, you need to have a visa in order to work through 'til Oct 1. Else you have to go home and wait.

Last year there were ~233k applications for 85k visas. Of the 85k visas, 20k are reserved for US degree holders.

Edited to add: This is definitely true for consular processing applications, where you interview for the H1B at the US Embassy in Dublin. You would need to check if an adjustment of status application (where you remain in the US and get your visa here) would also require your current visa to be valid through 'til the H1B is approved. Generally, applicants are notified if the have been selected for a visa late April through mid May. When does your visa expire?

Hazys

biddywiddy wrote: »

Applying for the H1B does not give you permission to stay in the US. Even if you are successful, you need to have a visa in order to work through 'til Oct 1. Else you have to go home and wait.

Last year there were ~233k applications for 85k visas. Of the 85k visas, 20k are reserved for US degree holders.

Edited to add: This is definitely true for consular processing applications, where you interview for the H1B at the US Embassy in Dublin. You would need to check if an adjustment of status application (where you remain in the US and get your visa here) would also require your current visa to be valid through 'til the H1B is approved. Generally, applicants are notified if the have been selected for a visa late April through mid May. When does your visa expire?

All you said was correct except for that 20K Visas are reserved for Master degree holders not US degree holders.

Having a Masters degree from any country massively increases your odds.

e.g. just say you have 230K applications and 40K have masters degrees you basically enter two lotteries. First lottery is for the 20K reserved for Masters so you have 50/50 chance there, if you miss out you enter the second lottery with the other 190K applications for the last 65K visas, which is then 1/3.

If you don't have a masters degree, your odds of getting the H1B is 1/4.


Such a sh1tty system, which has a ton of loop holes open to exploitation by large companies. The demand has far exceeded supply in the last couple of years and its getting worse:




Sorry to be the bearer of bad news just trying to set expectations but it might be worth investigating a Plan B e.g. tell your company if you don't get the H1B you'll do a masters and reapply next year with better odds (if you don't have a masters already) or if your company has an office in Europe, work there for a year and apply for a L1 visa (which is an inter-company transfer visa and there is no lottery)

Hazys

Another thing, there are certain employers that are H1B lottery exempt like Universities and NGOs. If your employer is one of them then you don't have to worry about the lottery.

biddywiddy

Hazys wrote: »

All you said was correct except for that 20K Visas are reserved for Master degree holders not US degree holders.

Well, it's a bit of both. You must have a Masters Degree from a US university to be eligible for the special 20k visas. If your Masters is from a Institution outside the US, then you are grouped in the "others", eligible only for the 65k visas.

Source (Requirement 5).

I have a PhD from a non-US University and I was not eligible for the 20k visas.

blue-army

biddywiddy wrote: »

Edited to add: This is definitely true for consular processing applications, where you interview for the H1B at the US Embassy in Dublin. You would need to check if an adjustment of status application (where you remain in the US and get your visa here) would also require your current visa to be valid through 'til the H1B is approved. Generally, applicants are notified if the have been selected for a visa late April through mid May. When does your visa expire?

Yeah I think that's what I'll be doing. I've heard applying from the US side increases your odds dramatically, however I'm not sure how true that information is.

All will be clearer after I speak to my lawyer later today.

My year long visa expires June 30th - I've heard I'm legally allowed to stay here as long as the visa is pending.

biddywiddy

I'm not sure you can say that the odds of success change depending on where you are when you apply. Assuming the lottery is fair, then whether you apply from the US, from Europe or Asia, all applicants are in the same lottery with the same chances (with the exception of the holders of a US Masters degree or higher, who get a shot at the 20k visas and, if unsuccessful, get a second chance in the 65k visa draw).

Good luck with the lawyer.

siobhan08

Hazys wrote: »

Another thing, there are certain employers that are H1B lottery exempt like Universities and NGOs. If your employer is one of them then you don't have to worry about the lottery.

if you got a job with and NGO or university, what would the visa you need be?

biddywiddy

Depending on the role, generally a H1B. The difference is that universities and non-profits are not subject to an annual quota of H1B visas.