I may have to relocate to Seattle since the tech market is much stronger there as compare to Vancouver. In order to work with a tech company, I’ll require an H1 visa since I am not a Canadian citizen yet and consequently can’t get N1.
How long does it take usually to process H1 after receiving an offer from a company. Have there been any changes in regulations recently, apart from security screening, with regards to H1. Basically, what does it take nowadays to get H1, and is it a simple process which can be dealt within couple of weeks ..I appreciate any kind of input.
Abdullah, Is this H1-Visa some kind of temporary visa for persons with specialized knowledge ?
I am asking cos I found this link here below. http://travel.state.gov/visa;tempwkr.html
There is no way, even a big company can get it done in days, under the present situation. Transfer of H-1 from one empployer to another takes between 2 days to 2 weeks, so thats not a biggie. If you don't have a valid H-1 on your passport right now, then you do not come under this category.
Yours will essentially be a "fresh" H-1. According to the guidelines of INS, and what I practically experienced, it takes anywhere between 2 to 3 months for INS to process an H-1 and for you to get the "Notice of Action" (NoA). A copy of the NoA is also sent to the Consulate specified, and you take your passport there and they stamp the visa on the passport (usually without hassle). Thats the preferred method of INS.
The other quicker method (I am not sure if it is still allowed after the recent rule changes) is for you to get a visit visa (B-1) from the consulate in Canada (don't tell them you are going to Seattle to get a job). Once you are in Seattle and you get a job offer, then the employer applies for an H-1 for you and at the same time, also applies for a "Change of Status from B1 to H1". It used to be a pretty standard process, and takes about 2-3 months. The good thing was that under this process you could have started rightaway on a limited basis (see the next post below). The only problem is that unless the approval comes through you can not leave USA otherwise the whole process will lapse. Once you get the NoA and the "Approval of Change of Status", they will send you a new I-94. You don't have to get the visa stamped right away. The next time you leave US, go back to the country of origin, and then you do need to get the visa stamped from the Consulate to re-enter.
In any case, the most important thing to remember is, ofcourse, that only the employer/company can apply for an H-1 for you, and you can not do it on your own. Therefore all such matters need to be discussed between you and the employer before making a decision on accepting employment.
[This message has been edited by Faisal (edited June 06, 2002).]
Technically you can not start working for an employer unless your H-1 is approved. You can not work for an employer on salary as long as you are on B-1 visa. If a company wants you really bad, and really urgently, they can work around this by merely appointing you as a consultant, and don’t pay you in the US (pay you in your home country i.e. Canada). There are something you can and can not do when you are on B-1 visa. Limited consulting, and attendance in business meetings is ok, but doing regular work under salary is not ok.
Usually the attorneys of the employer know all about such things and can guide you accordingly in line with most recent rule changes. A good website for this purpose is Visa News
Btw, if you already have an H-1 and you merely switch employers, then you can start working for the new employer as soon as the application is filed, and you don’t have to wait for the approval to come through.
Many thanks all for the input. I think it all depends on the company after all. If I wait few more months, then as a Canadian citizen, I can get N1 straight at the border and go work in the US. It will be the same thing in terms of time required, if I get a job offer now and company has to file for H1.
Although, Seattle is doing quite well
perhaps due to the presence of Microsoft and related dot com companies and that's quite tempting. Anyways, thanks once again..
Saadia: that's exactly what H1 is meant for, and N1 is something which falls under NAFTA ( North American Free Trade Agreement) where citizens of one country can go and work in another with minimal immigration restrictions.
[This message has been edited by Abdullah k (edited June 06, 2002).]
Abdullah bhai… Bill Gates say dosti karr lein or Steve Jobs ki jaan chorein. Warna harr dafa hamein aap kay mohabatnamay ki do do kaapian mila karein gi
Faisal, yaara you gotta point there. But nah, see if MS wasn't biased against us, then they wouldn't have put this bug in on purpose. Plus, it shows my affection for all of you..guess, so you guys can live with dat..
AK under the new laws if you apply and do the $1000 processing you should get your H1 within 1 week if I remember. The 1000 should not be a biggie for anyone who is really interested in hiring you. At least that’s my understanding.
you can also read more about it at www.visalaw.com - it is a fairly good immigration law practices web site.
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Originally posted by hmcq: AK under the new laws if you apply and do the $1000 processing you should get your H1 within 1 week if I remember. The 1000 should not be a biggie for anyone who is really interested in hiring you. At least that's my understanding.
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$1,000 is not a biggie at all, but one week is almost impossible for a first time H-1B applicant. Practically, its a minimum of 2 months (with expedited fee).
yep its taking 2-3 months for H-1 visa .. INS is really taking time and big companies cant do anything bout that..
Abdullah ji I was thinking of going back to Vancouver and ur coming here?
Yeah.. there's an expedited procedure with a expediting fee. Find out about it from the lawyer. I had my freind sponsor his brother through this process. It was done fairly quickly from what he told me.
As a first preference relative you get a greencard right away . or at least the form that says you can come over to the US. You need to fill out I think the I-30 form and send it in. Theoretically you should not have a wait period since you are a first preference relative or something like that. Your green card may be provissional though for two years to make sure you did not get married for the visa.
I would suggest you go to the INS web site and do a search for immigration sponspership by spouse. The instructions and forms are fairly straightforward.
let me know if you can not find the form and I will search for them.