Look, I'll give the honest answer - this might be tough.

They said they would start processing premium filings from April 28th, so if you filed premium and haven't heard back yet, most likely you did not get selected in the lottery.

Hopefully, you have STEM Opt - if you don't, you need to start thinking about your options.

Good luck!

 

You obviously don't know what you are talking about - lawyers can't do anything to change US immigration laws if he does not get selected for the Visa lottery. If your company if a global company, perhaps they can send you to an international office.

@"bondtradercu": If it was premium processing, today is the last day of hope. Non-premium results are still to come out - so if your case was NOT premium, you still have hope.

Also, just talk to them - I can't see why they won't do it - very easy process indeed.

 

@krypton: I tried speaking to the COO of the division and he said he can't get the firm to sign up for EVerify - I think it has something to do with the firm having to give the government all the information of the employees. Is there anything else I could do besides trying to go back into his office again - would that be overboard since he ad explicitly said there is nothing he can do.

So If I don't hear back by today, I can't go back to work tomorrow right?

Thank you,

 

I don't know what can be done about your company, but if you don't hear back by today - and IF your case was premium processing, there is little hope that you got selected in the lottery.

I know how bad this feels man - I feel sorry for people that have to go through this stupidity.

 

Just heard from a friend who applied via NON-premium processing who was selected.

In all likeliness this means if you used premium and haven't heard back yet, you did not get selected for the lottery

If you used NON-premium application, you still have hope.

For what it's worth, I'm sorry about your situation. I don't know what illegal shit your company is upto - signing up for E Verify is so easy and it makes things smoother for them to hire foreigners..

 

Have seen this scenario a few times. FYI - Some H1-B notifications have gone out notifying candidates that they were selected. I have a colleague who has not yet been notified and is in the same boat as you (EU citizen also).

Assuming the boutique doesn't have an EU location to transfer you for a year if things don't go your way? Then you can try again for H-1B or try L-1A (Intracompany Transferee)

 

If you're Canadian (or Mexican I guess), you can get a TN Visa very quickly as a backup in case your H1-b gets held up or runs into problems. It's a one year NAFTA Visa and all you need to do is get your work, or a Visa service to write a letter stating what you will be doing there and that you're doing one of the jobs on the NAFTA list (economist, accountant, consultant). I'm here as an "economist". At customs at the airport on your way to the U.S. you show them the signed letter from your work, your university diploma and a couple other things and you get a 1-year Visa. My firm is working on getting me my H1-b but in case it doesn't make it in time, I just hop back accross the border and do the same thing again to renew for another year.

 

ehf3660: Appreciate your reply, but I'm not from Canada/Mexico, so your solution won't work for me.

I do have an OPT authorization (Optional Practical Training) which means that I am allowed to work in the US 12 months following graduation. I also need to get my H1-b this year and start working under H1-b in October, because if I don't, I will only have my OPT covered until summer of 2009, and if I only got H1-b starting next year, I'd have a gap of 3-4 months between the expiration date of my OPT (summer '09) and the start date of H1-b (October '09).

Long story short, I need to get H1-b this year. At the same time, I'd love to be able to travel and go back home during the summer.

Any ideas anybody else?

Thank you!

 

I am in the same situation as you and have been advised by the law firm responsible for filing for my H1B Visa not to leave the US for the following reason:

During the pendency of the H1B petition and request for change of status (April 1 - Oct 1), departing from the US will lead to your request for change of nonimmigratant status to be abandoned, resulting in the approval of the H1B petition, but a DENIAL in the requested application for change of status.

Also, although you have authorized OPT, if your H1B petition and change of status has been approved and is scheduled to commence on Oct 1, you must be able to demonstrate to customs that you intend on returning to your home country at the end of your F-1 period of stay upon returning from your trip. The fact that an H1B petition has been approved on your behalf contradicts your intention of going back home upon F1/OPT expiration. At this point, your entry into the US will be at the Customs inspector's discretion. Most likely, you'll be denied entry.

Previously, firms were able to accomodate travel plans of graduates pursuant of H1B but unfortunately, things are much different now. The quota is only 65,000 and our applications have to be received on April 1 or else we'll have to try again next year or work in another country.

 

Wait, I was hoping that in the ideal scenario, I'd be safe to leave the country right after graduation (mid-May), and in the worst case scenario, I'd be safe leaving the U.S. as soon as I find out that my H1-b has been approved and that I have all the necessary paperwork, which I was hoping would be around mid-June or so.... So are you saying that I should not leave the country AT ALL during the whole summer??

So, do I understand you correctly that had I NOT applied for H1-b, but for OPT only, I'd be safe to leave the country and then come back later (since I'd be able to demonstrate the intent to leave after my OPT expires), but since I DID apply for H1-b, I'm going to have to stay all summer given I don't want to jeopardize my H1-b?? Maaaan, that would really suck, my job doesn't start until mid-August, I have no idea what I would do here until then...

Also, on another note, do you have to apply for H1-b every year or do you have it for an indefinite period of time once you are awarded this type of Visa??

Thanks a lot for your answer naija, it was very helpful. Could you pleeease also clarify the rest of it for me too? Thank you in advance!!

 

just because you applied doesn't mean you'll get it. you'll probably be put into a lottery like last year and chances of approval could be slim. you'll be notified at least by early june. begin making plans now for the worst case scenario and ask HR what would happen if you dont get it.

you have a total of 6 yrs on your h1b. if you work for 2yrs, then do mba for 2 yrs, and then go back to work, you should have 4 yrs remaining on your h1b. you are not part of the quota the second time you apply and should get the Visa without any trouble (assuming you were approved the first time).

as for leaving the country, wait until you get your final approval notice. whether you get the Visa or not, you should have no problems traveling abroad as long as you have the right documents. your company hr/lawyers will help you with this.

 

Jojola, what you said regarding traveling abroad is not right. please don't give advice when you haven't been through the process. It's misleading for the rest of us all going through it this year.

Naija is right on restrictions on summer travel. I have the same letter from my bank's attorney. Basically once you put in a H1B application, you cannot travel abroad during the summer pending the effective date (earliest October 2008). Otherwise, you risk being refused entry by the customs officials.

My question then is: do we face any disadvantages if we do not put in the H1-B this year, but rely on our OPT till next year, and then re-apply for the H1-B? I know one risk of doing this is that there is a potential timing gap between expiry of OPT and approval of the H1-B.

Are there any other risks? I would really like to go back home this summer due to personal family circumstances. Someone please help.

 
Wait, I was hoping that in the ideal scenario, I'd be safe to leave the country right after graduation (mid-May), and in the worst case scenario, I'd be safe leaving the U.S. as soon as I find out that my H1-b has been approved and that I have all the necessary paperwork, which I was hoping would be around mid-June or so.... So are you saying that I should not leave the country AT ALL during the whole summer??

First, you have to understand that your application has to be received by April 1st. That being said, it is advisable not to leave because your H1B petition indicates that you intend to stay in the US and this contradicts the basis of your F1 Visa. Your H1B Visa does not kick in until Oct 1st. This means that you will be riding on your F1/OPT status prior to them and might have complications when returning. With this said, I will advise you not to leave at all.

With the above being said, I had a friend that pulled it off last year. She travelled for 2 weeks in september and returned before the October 1 deadline. she took the risk because attending her sister's wedding was important to her. At the time, she still had a valid F1 Visa that didn't need to be renewed at her home country (this was key), a letter from her firm stating she had started working there (since June), and her OPT EAD card. She told me that she wasn't asked any questions with regards to her intention to stay/return and the letter from her firm and her EAD card/OPT authorization documents were sufficient. This is a risk I am not willing to take and have been advised by my bank's attorney not to.

So, do I understand you correctly that had I NOT applied for H1-b, but for OPT only, I'd be safe to leave the country and then come back later (since I'd be able to demonstrate the intent to leave after my OPT expires), but since I DID apply for H1-b, I'm going to have to stay all summer given I don't want to jeopardize my H1-b??

Yes. If you don't apply for the H1B Visa, travelling will not be a problem as long as you have a valid F-1 Visa to re-enter the US. Unfortunately, all applications have to be in by April 1 and so the law firms filing for us cannot accomodate our travel plans. I know man, it sucks but that's what we international students have to deal with!

Also, on another note, do you have to apply for H1-b every year or do you have it for an indefinite period of time once you are awarded this type of Visa??

You will only need to reapply every year if you don't get the Visa and you still want to work in the US. If you do get it, it is valid for 3yrs and can be renewed for another 3yrs without going through this craziness. After 6 yrs, you can apply for the green card.

 
My question then is: do we face any disadvantages if we do not put in the H1-B this year, but rely on our OPT till next year, and then re-apply for the H1-B? I know one risk of doing this is that there is a potential timing gap between expiry of OPT and approval of the H1-B.

The future disadvantages I see are:

The main risk i forsee is what you mentioned. Even if you are approved H1B Visa next year, you will have to leave the country during the OPT expiration date and Oct 1st when your H1B kicks in. If you dont get it next year, you will have to leave the US.

Also, the probability that a Democrat will be in power next year is high and this could potentially impact the H1B process negatively....This is not a fact but my opinion.

 

I've heard (don't take my word for it though), that the only reason they had a lottery last year was that April 1 fell on Sunday, and after receiving more applications that they could accept, they weren't able to figure out which came in first, and thus had to draw the required number of them randomly. My international student advisor said that since April 1 doesn't fall on a weekend day this year, that shouldn't be the case and as long as you have a high-quality and respectable law firm filing for you, and they get your application there on time, chances are pretty high that you will get approved.

Just out of curiosity, when I was filling out the H1b application for my bank's law firm, they asked about my travel plans. Why are they even asking about it if they advise people not to leave the country? That's kind of misleading. I'm going to talk to a lawyer tomorrow and I'll post here what he advised me to do.

SO I guess at this point my only option is to wait until mid-June to see if I received H1b. If I did, I have to stay in the U.S. all summer to make sure I don't jeopardize it. If I didn't, I still have my OPT and in that case I can leave the country and come back right before I start on my job. Correct?

Oh man, this is not the best news of my life to be honest... I was planning on going home to see my family, take the CFA exam back home, and then travel somewhere in Europe with my high school friends and then go to a South America backpack trip with my college friends.... Well, seems like that's all gone now... :(

 
T73:
I've heard (don't take my word for it though), that the only reason they had a lottery last year was that April 1 fell on Sunday, and after receiving more applications that they could accept, they weren't able to figure out which came in first, and thus had to draw the required number of them randomly. My international student advisor said that since April 1 doesn't fall on a weekend day this year, that shouldn't be the case and as long as you have a high-quality and respectable law firm filing for you, and they get your application there on time, chances are pretty high that you will get approved.

Just so you know, this isn't necessarily true. The probability of your application getting approved depends upon how many applications are received during the first 2 days that the gov't starts accepting applications. That April 1 fell on a Sunday last year had nothing to do with the lottery; the lottery occured because there were more than 65,000 applications filed before April 2nd. The quota has recently reverted from near 200,000 back to pre-2000 levels of 65,000, and this is also the current quota for 2008. All reputable firms will file applications on April 1, and the chance of getting approved depends on how many applications are filed on that day.

If you're Singaporean, however, (I am, so I know...) there are about 7,000 visas set aside from the 65,000 pool for Singaporeans because of the FTA, so your chances are a lot better.

 

T73, are you working for a BB if I may ask? My understanding is that almost all BBs use the same immigration law firm, and the non-travel advice is something they issue to all their BBs...

 

trust me...i have experience and much more than you as i understand you dont even have the Visa yet. i was abroad when i applied for h1b and was approved after i returned to the us. company lawyers will "advise" you not to travel but nothing is set in stone. that being said, to play it safe, you really shouldn't travel. as for myself, i have a close immigration lawyer who helped me and was able to get confirmation from company lawyers.

i dont know what your "personal circumstances" are but i suggest you suck it up and accept it as one of the many disadvantages you'll face as a foreigner. it's one thing if you apply and don't get it...it's a different story when you tell hr that you won't apply at all this year. the risks are: worst case...you're asked to leave right away or when your opt expires. although not common, i've seen this happen and i think you'll see this happen more given current market conditions. job market is tight and there are plenty of americans who can do our jobs. best case...you're transferred to a foeign office for a few months until your Visa is approved in oct next year. but again, there is no guarantee that you will get the Visa. also, your group might not take you seriously and it will be hard to get your managers to bat for you during performance review.

to sum it up...dont take any risks.

 

No, I'm not working for a BB. Not an MM either. Not sure how to qualify it, it's something like a combination of a fairly large i-bank and a PE shop.

I just talked to my friend today (a guy from my home country, who worked for a BB for the past couple of years) and he told me that he got the same advice, and decided to adhere to it and stayed in the U.S. all summer. He also said that he knows at least a couple people who ignored it, left the country, and were able to come back without any problem...

So I don't really know what to do... I certainly don't want to risk losing a job just because I went on a trip abroad, but at the same time, spending 2 months in the U.S. doing nothing will be a pain in the ass... Why does the immigration have to make it so hard for us??????

Anybody with an experience of leaving the country and coming back later??

 

You might be right, I just said what I've heard from the international office, and honestly, I'm not sure how much they really know about this stuff...

On the other hand, the lawyer who's filing my application actually told me that this year they're expecting the quota to fill up on April 1, and no application will be accepted if it's received on April 2 or later. That could indicate that they really don't wait until April 2 and just take the first 65,000 applications they receive. But you might be right that if they receive over 65,000 on the first day, they will have a lottery just for that day. In any case, all we can do is hope that they won't receive that many more apps than just 65 thou. Since I'm not Singaporean, that's my only hope ;)

 

OK, you guys convinced me. It's really not worth to risk losing my job just to travel abroad for a few weeks. I guess I'll suck it up and play it safe and not go anywhere...

I do have two more questions I'd like you to answer for me though:

1.) Just out of curiosity, why is it such a big deal for the Immigration office if the H1b applicant leaves the country now and it would be okay for my company to send me to their European/Asian office next summer (given I don't get H1b this year and need to leave during the gap between OPT and H1b)? Is the only reason that I won't have OPT next year anymore, and that makes it okay for me to leave the country and come back while my H1b is being processed?

2.) Since my F1 Visa expires the day after my graduation (mid-May), am I technically gonna be here illegally for three months? (I start my job mid-August and my OPT doesn't commence until mid-July. I tried to push the start of my OPT as late as possible since I knew I don't start working until mid-August...) Also, am I gonna have to apply for my Visa with the U.S. Embassy in my home country? (I thought this was necessary). If the answer is yes, how am I going to do this since I won't be in my home country? Can I do this from here?

P.S. Okay, it was more than two questions, sorry :)

Thank you all for your valuable inputs!! This really is like getting FREE legal advice. I owe you a lot!!

 

Hi

Sorry to hijack the thread. I have got a few questions about H 1 B as well. I am currently studying in the Uk and have got a job offer in the states and the lawyers are asking for my documents as well.I am a Singaporean. 2 questions

1)What are the chances of me getting the Visa? My company is not a IB but it's relatively big in Boston. 2)Will my travelling even affect my Visa as well considering that I am not in the US.I am planning to go to Singapore,HK and Italy after grad. Thanks!!!

 

OK, so I talked to a lawyer today and he told me the same thing. "Sure, nothing's restricting you from travelling, but we don't guarantee you'll be able to come back. That being said, we don't recommend you to leave the country until October 1." Awesome.

It's so weird. How am I allowed to stay here legally, but not allowed to re-enter the country?? Weird system...

 

1.) Since someone mentioned Singapore gets 7,000 slots reserved, I'd say your chances are pretty good. Also, it doesn't really depends on the company. Most banks (both BB and smaller banks) use reputable law firms, so it's really more about luck than about what company is filing on your behalf.

2.) Travelling would only affect your Visa if you were on OPT as well, which I'm guessing you can't be since you've studied in the UK. So since you're abroad already, enjoy your summer (unlike the rest of us) and come to the U.S. before you start your job.

 

i.e. singapore, your reserved slots NEVER get filled so you shouldn't worry as long as you submit the application on time.

t73, yes it's a bad system. being a foreign worker in the us isn't easy even if you're in legal status.

 

Thank you so much for the replies :) Am relieve to know that I should be relatively safe, as I have been pretty worried after reading about lottery and the high demand..

 

It depends on what type of processing whoever filed for you decided to go with.

Premium processing (1 gees more) - In 2 - 3 weeks Regular processing 2 - 3 months

Disclaimer: This information is from the law firm handling my H1B processing. You should go to the USCIS website or call your law firm to verify this info.

 

I've never heard that a company would use that as an excuse to rescind an offer. The worst that can happen to you is that you'd work under OPT for a year and then you'd get fired. It's not great but at least you'd have some experience under your belt and that can help you a lot when looking for a new job. So as long as you have OPT, I wouldn't worry about it too much.

 

The unfortunate thing is, unlike you, I graduated in Dec 07 and my OPT kicked in right away. No group will want to have me on their team for just 6 months considering my OPT is valid for 1 yr. We'll see how it plays out.

 
T73:
I've never heard that a company would use that as an excuse to rescind an offer. The worst that can happen to you is that you'd work under OPT for a year and then you'd get fired. It's not great but at least you'd have some experience under your belt and that can help you a lot when looking for a new job. So as long as you have OPT, I wouldn't worry about it too much.

Bank of America just rescinded an offer from a friend. That is why you don't take offers from a second rate bank.

 

If you have a quantitative background eg engineering, math, sciences, etc you'll be fine. Your comapany's law firm can definitely come up with a very good arguement as to how your major relates to Banking, S&T, Research etc. Afterall, that's why they gaid paid a shit lotta dough!

Good example - the H1b was specifically for people with highly specialized skills but yet I know a guy with a liberal art major in banking who got his H1B visas.

 

Well, I graduated in December and only have abt 6 months OPT left. I probably will be relocated as soon as the training program ends. London will be the next viable option for me but I'm pretty sure most H1B rejects will be gunning for London as well.

 

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