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how to legally apply for a job requiring an h1b

how to legally apply for a job requiring an h1b

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Old Jun 25th 2011, 11:00 am
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Default how to legally apply for a job requiring an h1b

Hey all,
I have a friend who eventually wants to move into the US from the UK.
There are a ton of different visa options, and it looks like the most efficient would be the H1B (please correct me if I'm wrong).

Now, if she's over here on a visitor visa, would it be considered illegal to job hunt? Or does her job search need to be conducted from outside the country?
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Old Jun 25th 2011, 1:32 pm
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Default Re: how to legally apply for a job requiring an h1b

AFAIK, she can job hunt on a visitors visa, but she can not legally accept any job offers without having the correct visa. (Being present in the correct immigration status, actually)

That being said, I believe the H1-B quota for 2011 has already been filled, which means that the earliest she could legally begin a new job (that is if she qualifies for an H1-B in the first place *and* find a qualified employer willing to sponsor her), would be October 2012.

Seriously, given the current job market, I think your friend will have a hard time finding a legitimate employer who has staffing plans that far ahead.

She should also be wary of shady employers and agencies who may just be out to pray on her american dream. In the end, your friend is the one who will be ultimately responsible for making sure she stays within US immigration law, and she will be the one who will pay the price if she don't - unknowingly or not.


More importantly though, so far all your posts have been about your 'friend'. If your 'friend' is serious about a move to the US, she should register an account here and ask her own questions. You are familiar with the game of 'Telephone', are you not?

Is your 'friend' a romantic interest of the opposite sex?

Last edited by discoviking; Jun 25th 2011 at 1:38 pm.
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Old Jun 25th 2011, 1:35 pm
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Default Re: how to legally apply for a job requiring an h1b

Over a year out? nice. all in the name of diversity.
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Old Jun 25th 2011, 1:39 pm
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Default Re: how to legally apply for a job requiring an h1b

Diversity has nothing to do with it. That's a different visa category.
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Old Jun 25th 2011, 1:40 pm
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Default Re: how to legally apply for a job requiring an h1b

I know, i'm just trying to not make comments about certain countries right now. :P
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Old Jun 25th 2011, 2:16 pm
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Default Re: how to legally apply for a job requiring an h1b

2011 quota was filled in Jan this year. There are still over 50,000 H1bs available for 2012. They would allow someone to start work on or after 1st October 2011. You can see the weekly count here.

http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD

An H1b is based on a job that requires specialist knowledge. The individual needs a masters degree or 12 years relevant experience. The 12 years experience must show specialist knowledge and progression. It's tough to find a company to sponsor this and the company has to drive the H1b petition and pay for it.

Last edited by RayM; Jun 25th 2011 at 2:23 pm.
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Old Jun 25th 2011, 3:15 pm
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Default Re: how to legally apply for a job requiring an h1b

I'll just add, in case it's relevant, that not-for-profit and university research jobs don't come under the H1B quota, or the October start date rules (you can move and start as soon as your visa is issued).

That's how I got here...
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Old Jun 25th 2011, 4:34 pm
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Default Re: how to legally apply for a job requiring an h1b

Originally Posted by dyqik
I'll just add, in case it's relevant, that not-for-profit and university research jobs don't come under the H1B quota, or the October start date rules (you can move and start as soon as your visa is issued).

That's how I got here...
... same for university teaching positions.
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Old Jun 26th 2011, 1:47 am
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Default Re: how to legally apply for a job requiring an h1b

Originally Posted by dyqik
I'll just add, in case it's relevant, that not-for-profit and university research jobs don't come under the H1B quota, or the October start date rules (you can move and start as soon as your visa is issued).

That's how I got here...
Not all not for profits though.

Anyway, best way is a company transfer if one works for company with a US presence and meets the criteria.
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Old Jun 26th 2011, 2:38 am
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Default Re: how to legally apply for a job requiring an h1b

Originally Posted by discoviking
AFAIK, she can job hunt on a visitors visa, but she can not legally accept any job offers without having the correct visa.
Not entirely true. She can accept a job offer, but she can not sign any papers to that effect.

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Old Jun 26th 2011, 3:21 am
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Default Re: how to legally apply for a job requiring an h1b

Originally Posted by riverslq
I know, i'm just trying to not make comments about certain countries right now. :P
What do you mean?
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Old Jun 26th 2011, 3:34 am
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Default Re: how to legally apply for a job requiring an h1b

Originally Posted by RayM
2011 quota was filled in Jan this year. There are still over 50,000 H1bs available for 2012. They would allow someone to start work on or after 1st October 2011. You can see the weekly count here.

http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD

An H1b is based on a job that requires specialist knowledge. The individual needs a masters degree or 12 years relevant experience. The 12 years experience must show specialist knowledge and progression. It's tough to find a company to sponsor this and the company has to drive the H1b petition and pay for it.
Only need a Bachelors degree or 12 years of work experience. It is NOT mandatory to have a masters.
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