Merged: All About H1B Visa

[wickedbone]

true.. we'll be shelling out 150K pa for the placement fee..

anyway, here's an update from uscis

USCIS Updates Count of FY2010 H-1B Petition Filings

WASHINGTON April 9, 2009 — USCIS announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 42,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap.  The agency continues to accept petitions subject to the general cap.

Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable.  Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.   

For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7.  For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.

USCIS will provide regular updates as the processing of FY2010 H-1B petitions continue.

source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3da3c1090b80210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

[chocolatefever]

^thanks for posting that update, wickedbone!  at least marami pa palang available...my employer filed for me on the 1st of april.  keeping my fingers crossed that everything goes smoothly.

[phat]

HI! Im new here.. and just wanted to ask few questions..  My bf was applied for h-1b by this certain company and now waiting for the lottery selection. Is it advisable that we get married first here in the PH or I can go there after he gets his working visa and there we get married? And another thing, should I apply for the h4 visa already even though we're not sure yet whether he will be picked for the random selection for h1b?  Thanks. I hope someone helps me with this.

[xthine]

^Good luck!  I hope you could post your visa interview experience here.

Right about the gastos..so far I've paid 1320 USD for my H1b petition.  Pretty lucky considering the university's taking care of the legal fees..plus I'm just happy (and blessed) to start residency training in the US.

Plenty of back reading to do sa Part 1

[maika14]

hi sis phat!

its best if you guys get married na here in phils. once your (will-be-then) hubby's visa got approved, automatic na yung H4 visa mo. hindi ka naman makakapag apply ng H4 kung walang H1 eh. so mangyayari lang yun kung asawa mo na si H1 holder.

hope this helps.

[gnela_21]

^ tama si sis maika14, i'm under H4 visa right now. If you're soon-to-be husband will be approved for a H1B visa, you'll be granted with an H4. Make sure that you're marriage cert are in NSO paper since the consul asked for it. Goodluck. 

[chielis]

hi mga sis, hoping you can help me and give me an advice.

I am into IT and an H1B holder (working visa) but still here in Phils =( supposed to travel there sana last january but unfortunately the sponsor company can not accommodate me since of global financial crisis.

I hope you can give me an advice and how to proceed there, mahirap ba talaga work ngayon dyan?

thanks to everyone in advance.

[monsteradelicioza]

Unfortunately the H1B Visa is employer based, and if your employer is no longer willing to offer you a position in the US I do not think the visa is valid any longer.  Most times the employer notifies the INS and says that they are terminating the offer/employment.

If you want to work in the US you will have to find a different employer willing to sponsor your new H1B visa.

Some people travel here on a tourist visa and try to look for work, and then file for a work visa/work permit.   I am in the SF Bay Area and most industries, including IT, have been affected -- so I can with some confidence say it is hard to get a job here right now, even for greencard holders / citizens who do not require a work visa.

[neugierig]

its gonna take a while for the US job market to recover.  find a backup plan sis.  Mag KL ka or SG.  Try lang, while waiting.

[xthine]

Agree.  Don't mean to sound pessimistic but I stayed for months in the Silicon Valley area, a lot of companies have been closing down.  There have been lay offs left and right plus they've been cutting down employees hours.

My daughter and I had our interview last week at the embassy, thankfully both our visas were approved (H1b, H4).  Going to the POEA this week, I heard the hours of lining up are grueling but I'm actually looking forward to it because after that..I'm done! Finally

[chocolatefever]

^did you go for premium processing?  my h1b was filed april 1st of this year and i haven't heard from the company or their lawyers yet. kinakabahan tuloy ako.

[xthine]

^Yup I did, can't afford not to since I start working in July.  I was told that if we file it using regular processing it could take up to 3 months.

[chocolatefever]

^oh ok. thanks for the clarification.   ganoon pala pag premium processing, you get to start work earlier than the oct. 1st start date?

for a while there i got nervous...i hope everything works out well for me too.  what state will you be assigned to?

[xthine]

^If you file the petition using premium processing it means that instead of the usual 2-3 months it only takes less than 15 days before they approve or deny the petition.  I'll be working in the US as a resident physician in training, we all start in July (academic year 2009-2010).  I'll be moving to Alabama next month.  Sorry for the mix up.

Are you supposed to start work in October?  I think you have plenty of time.  If your sponsor filed April 1st then the USCIS would probably come out with a decision by June or July.

[chocolatefever]

no prob sis!    im familiar with premium processing, but i thought it just speeds up the process of you knowing whether it's denied or approved, but regardless, everyone still starts work on the fiscal year starting october 1st.  maybe you are exempt from that start date because you are a physician (tama ba?) and are employed at a teaching hospital?

[xthine]

That's exactly what premium processing is actually   It speeds up the visa process, so in less than 15 days you'd know whether your petition for an H1b is approved or not.

I'm not familiar with the October start date thing.  Yes I'm a physician and i'll be working for a university hospital

[chocolatefever]

Are you supposed to start work in October?  I think you have plenty of time.  If your sponsor filed April 1st then the USCIS would probably come out with a decision by June or July.

yup from what i've read so far and from what was explained to me by my friends re. H1B visas, the filing period starts on april 1st, and all visa holders can start work october 1st of the same year, not earlier. i guess there are exceptions to that rule (for instance, you, since you have to start at the beginning of the academic year).

actually i would have preferred to start earlier because i'm basically just being a bum here at home while waiting for the visa.  alanganin na to look for a job and work for just a few months.

how was the embassy interview? was it pretty relaxed and less intense than getting a visitor visa?

please keep us updated on the POEA process!  good luck on your new adventure in alabama! 

[eimerej5]

my hubby's employer filled a petition for him last april too. it was not on premium processing that time but when they were sure that the uscis confirmed his application, they filled it for premium processing this first week of may and now, they had the result, after a week only,  he was approved and given an h1b and it is effective on october.

 i think sis chocolate fever, you have to ask your lawyer about that. 15 days is the given time for premium processing, if they don't have the result within 15 days,ucis will refund the amount you paid for premium processing...

[chocolatefever]

^thanks sis, mine was not premium processing, baka kaya matagal.

i was just wondering about the start date. kasi alam ko nga, even if you get the results early, october pa din start date.

[xthine]

@Chocolatefever:  Our visa interview was as nerve wracking as my previous embassy interviews (for B1/B2), probably because it was not comforting to hear denials left and right.  The consul spoke to us in Tagalog (which my daughter found absolutely astounding) and asked the following:  What my present occupation is, which hospital will i be working for, what will be my job in the US, how much my yearly salary would be, am i married and do i have any other children.  He didn't ask to see any documents from me and my daughter apart from my original employment contract.

The POEA I managed to finish in 2 days.  Had my medical done ahead of time, opted for the affidavit in lieu of the compliance form for repatriation.  Phase 1 was faster than Phase 2 and the PDOS was mind numbing.

You mentioned something about all visa holders not being allowed to work before October 1st, I know someone whose employment date starts October 1st but he plans to go back to the US next month..will he encounter any problems at the POE?  He had his H1b interview last week and his visa was stamped June 2009, he thinks this means he can now enter the US on his H1b even though his employment start date's not until October.  Oh..and he just came back from the states about 2 weeks ago (b1/b2).  I honestly think the border official might question why he wants to come in early.