H4 to H1b, a couple of questions

[andres. 0]

Hi all,
I am an electrical engineer (graduated in the U.S.) with two years of experience (OPT and STEM extension) and about 5 months of self-employment (started my own company while on STEM extension). I am a Colombian national and have been in the U.S. for about 10 years (j1, F-1, CPT, OPT, STEM extension), Now I am under an H4 visa.

I have a couple of questions; perhaps someone can point me in the right direction:

1. Regarding my background, what non-immigrant visas could provide me with a future path for immigration (is the H-1b the only non-immigrant visa that provides a path for immigration)?
2. If I find an employer that can sponsor my visa, when can I apply for the h1b and when can I start working for them?
3. Normally, when do employers sponsor the green card for h1b employees (do they do it after they can't extend the h1b anymore ~6 years)?
4. What is the average cost for the h1b application, does the employer pay the cost or can I (as the employee) agree to pay the cost?
5. What is the best approach to try to identify employers that are willing to sponsor h1b applicants (to help focus my efforts)?

Thanks, any help would be very much appreciated.

[kzielu 1,149]

1. There's zero difference between B-2 or H-1B - both provide no path at all ( unless getting employer to know you is considered one)

2. Your employer applies for it not you. At this point they will be able to apply April 1st and if your application meets the requirements and wins litter, October 1st is the earliest start date.

3. Completely dependent on employer. One could do it even now, without applying for H-1B if you find one. They can also let H-1B expire and never apply. Up to them.

4. By law employer has to pay it.

[arken 4,197]

Hi all,

I am an electrical engineer (graduated in the U.S.) with two years of experience (OPT and STEM extension) and about 5 months of self-employment (started my own company while on STEM extension). I am a Colombian national and have been in the U.S. for about 10 years (j1, F-1, CPT, OPT, STEM extension), Now I am under an H4 visa.

I have a couple of questions; perhaps someone can point me in the right direction:

1. Regarding my background, what non-immigrant visas could provide me with a future path for immigration (is the H-1b the only non-immigrant visa that provides a path for immigration)? Depends on the type of path for immigration. Any immigrant visas can provide a path for immigration thru marriage. H1B provides a path for immigration thru employment if you find the right employer.
2. If I find an employer that can sponsor my visa, when can I apply for the h1b and when can I start working for them? H1B applications should be delivered to USCIS from April 1 onward. Usually USCIS gets more applications than allocated quotas withing few days and so goes through lottery process. You can start working from Oct 1 if you get approved.
3. Normally, when do employers sponsor the green card for h1b employees (do they do it after they can't extend the h1b anymore ~6 years)? Some employers might start going through GC process within few months of hiring, some might want to wait few years before agreeing to sponsor for GC.
4. What is the average cost for the h1b application, does the employer pay the cost or can I (as the employee) agree to pay the cost? Employers are required to pay the cost of H1b (attorney and optional premium processing fees can be paid by an employee). Fees might range from 3,000 to 7,000.
5. What is the best approach to try to identify employers that are willing to sponsor h1b applicants (to help focus my efforts)? Look for jobs through various job recruitment sites or google for various companies in your trade. Go to their websites or call them to find out if they sponsor h1b.

Thanks, any help would be very much appreciated.

Edited January 13, 2016 by arken

[andres. 0]

Thank you Arken and Kzielu for such a quick reply, this is great information.

Your replies answered all my questions, I will start looking for jobs from now to see if I can secure a job before April.

[vkrishn 97]

1) You say are on H-4 Visa. What is the status of your spouse's I-140? There is a way to get an EAD for you that can enable you to work if you meet certain conditions. Read through the links.

http://www.***removed***/h4-visa-ead/

http://www.uscis.gov/working-united-states/temporary-workers/faqs-employment-authorization-certain-h-4-dependent-spouses.

5) Most of the Hi-Tech companies (Intel, google, Apple, Facebook, Qualcomm) hire people on F-1 convert to H-1 and sometimes even allow you to work on EAD obtained either through your spouse I-485 or through the new H-4 EAD. I do work for one of these companies and i went through the path of F-1-> H1B->LPR.

[andres. 0]

Hi Vkrishn, Thanks for your reply.

The employer of my spouse has not applied for her permanent residence (and from our research, it seems they wait until the last minute to do it, i.e. until they can not extend the h-1b any longer).

Some time ago I looked at the H4 EAD conditions but because my spouse is not a permanent resident (and her sponsor is not applying for her PR: I-140), It seems I am not eligible for a work EAD.

Regarding the F-1 -> H1B -> LPR: unfortunately I think I did it backwards, during my OPT I always worked with small companies and part-founded some myself, but unfortunately that is not the best path for LPR. So I learned.

It seems, another option would be to do a EE Masters, such that I can work on OPT again for 1 year and increase my chances, but I can't afford international rates, they are so obscenely expensive (one almost feels robbed). But I will see if I can explore that option (perhaps teaching/lab assistantships ..etc)

Thanks a lot Vkrishn,

[vkrishn 97]

Hi Vkrishn, Thanks for your reply.

The employer of my spouse has not applied for her permanent residence (and from our research, it seems they wait until the last minute to do it, i.e. until they can not extend the h-1b any longer).

Some time ago I looked at the H4 EAD conditions but because my spouse is not a permanent resident (and her sponsor is not applying for her PR: I-140), It seems I am not eligible for a work EAD.

Regarding the F-1 -> H1B -> LPR: unfortunately I think I did it backwards, during my OPT I always worked with small companies and part-founded some myself, but unfortunately that is not the best path for LPR. So I learned.

It seems, another option would be to do a EE Masters, such that I can work on OPT again for 1 year and increase my chances, but I can't afford international rates, they are so obscenely expensive (one almost feels robbed). But I will see if I can explore that option (perhaps teaching/lab assistantships ..etc)

Thanks a lot Vkrishn,

Problem with getting in to big companies in the Hi-tech world as a H-1 employee requires Master's degree at the minimum. So Master's in EE is a good option(with some software background).

Advantage of working for the big ones is that, they will typically apply for your PERM, I-140 pretty soon and won't wait until the 6th yr of your H-1. Now getting your I485 approved under the EB2/EB3 quota will take some time but atleast you have one foot in the door.

Goodluck.