H1B Visa Sponsorship

5 Challenges in Finding H1B Visa Sponsorship

By Raghuram Sukumar H1B and H4 Visa 15 Comments

One of the hot topics right now among tech workers is how to find H1B Visa sponsorship.

In this article, you can learn about how to find a H1B visa sponsors, challenges involved in finding a job, employer who can sponsor H1B Visa.

Here’s 5 challenges you need to overcome to H1B Visa and start working for an employer.

  1. Employer ( or consulting company)
  2. Job
  3. H1B Quota
  4. USCIS approves H1B application
  5. Getting Visa ( if you are located outside USA)

Depending on your current status and where you are located and who is sponsoring your H1B impacts your chances of actually getting H1B application approved and H1B Visa stamping.

Majority of H1B visa applicants are Indian nationals and IT Services companies from India. In addition to that there are several hundreds if not thousands of small consulting companies in USA, in additional big corporations who sponsor H1B Visa every year.

According to Department of Labor, Q1 of 2014 ( October 1, 2013 to December 31, 2013) over 67,000 H1B Labor condition applications were processed.  CTS applied for over 22,500 applications out of 67,000. Followed by Wipro and Cisco.

So, why is it so challenging to find H1B Visa sponsorship?

8 Possible Change of Status to H1B

  1. Current H1B to New Employer/Job H1B Transfer
  2. OPT to H1B
  3. H4 to H-1B
  4. L1 to H1B Visa
  5. L2 to H1B
  6. Applying for h1b from outside USA
  7. Non profit to H1B
  8. J visa to H1B

There could be other status transfer to H1B, but I have listed some of most common change of status to H1B.

H1B Transfer to New Job

This is the easiest of all the above, provided you already have an approved H1B that is counted under previous years H-1B Cap.

You don’t have to worry about lottery and cap count. Find a new job and your New H1B visa sponsorship will apply for H1B transfer application.

In fact, you can start working for new sponsor after H1B application is received by USCIS. You don’t have to wait till USCIS approves your H1B Transfer application.

OPT to H1B

OPT to H1B is less complicated compared to other possible options. Why?

Chances are you will be working for an employer with your OPT status. Your employer can apply for H1B Visa in April.

Even if your OPT Expires while the H1B Visa application is being processed,  under OPT Cap Gap Rules you can continue to work for certain period of time.

If there is H1B visa lottery and your application is selected in random lottery process, then you have a very good chance of getting your H1B application approved.

If your application doesn’t get selected in the lottery and if you have OPT is NOT expired, you can continue to work till OPT end date.

H4 to H1B Visa

There are a lot of high skilled spouses in USA on H4 Visa.

It’s very hard personally, emotionally for a family when your spouse with professional degree, work experience is unable to have a career and contribute to the American Economy.

If lawmakers think giving work authorization to H4 visa holders will flood that market with new job seekers, then allow them to create companies, which in turn can create jobs.

In past few months, I have received several emails like the following looking for H1B visa sponsorship.

I am looking for H1B sponsor for my wife, as she is on H4. She has 6+ yrs of experience in Dotnet. If yes the what would the charge and process? Please advise.

I am writing to express my interest in the QA consultant position. (H1B aspirant)
Could you please help me to find out the best employer for H1B visa.  I have 5+ Years of experience in Quality Assurance and Software Testing methodology and process.  I have a good understanding of testing methodology and practices. I am herewith attached my resume. I look forward to hearing from you soon.

Here’s why it’s difficult for H4 visa holders to find H1B sponsors.

Additional H1B Visa Sponsorship Challenges

Employer have to apply for H1B Visa in the month of April. For instance April 1, 2014 for H1B Visa Fiscal Year 2015.

  • April : Apply for H1B
  • May : Wait for H1B Approval
  • June : Wait for H1B Approval
  • July : Wait for H1B approval ( takes 3 months in average)
  • August : Approved
  • September : Keep Waiting
  • October 1 : Start working.

Here’s the biggest Problem : Why would an employer wait for 6 months to have someone start working?

Because of this log gap between hiring and start date, most companies and potential H1B sponsors with job openings ignore lot of talented skilled workers in H4 visa.

Only other options for H4 workers to find H1B visa sponsorship is via consulting companies.

Here’s the difference between finding a job vs employer is different in this case.

When a consulting companies applies for H1B, they have to prove to USCIS that there is a job and consulting project waiting for the new hire.

Anyone working in IT filed will know that companies don’t award projects and wait for 6 months. So, it’s a huge challenge for consulting companies to prove there is a job, project at client site waiting for the new hire.

USCIS can ask for actual signed contract with the companies as a proof of project availability.

Sometime consulting companies cannot prove some of the questions asked by USCIS via RFE ( Request for More Evidence). If companies cannot prove the query, USCIS could deny the H1B Visa application.

That’s the exact reason, why OPT to H1B is much easier route compared to other change of status options to H1B Visa.

I heard the some consulting companies are asking $5,000, $10,000 $15,000 to apply for H1B Visa for FY 2015.

Look at this slides to learn about how much it would cost for an employer to apply for H1B.

$15,000 is just ridiculous. What do you say?

But, here’s simple Math : When Demand Increases, Cost Increases.

Now, you know the challenges of finding H1B Visa Sponsorship.

Applying for H1B from India

If you are trying to apply for H1B from India, there are few more layers of challenges you have to overcome.

  • Employer should apply for visa
  • Project should be available after H1B approval
  • Employer must be willing to send you to USA
  • Some companies might not even give the approval document to you
  • Getting visa stamping from US embassy or consulates

Questions to You

  • Are you looking for H1B sponsors this year?
  • Were you able to find company who can apply for H1B this year?
  • How much are they asking for H1 application?
  • Will they ( consulting companies) refund the money of H1B is not selected in the lottery?
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Raghuram Sukumar5 Challenges in Finding H1B Visa Sponsorship

Comments 15

  1. raghuvaddi .

    (UNIX, LINUX) System administrator looking for H1B Sponsorship
    Hi,I am RaghuRam from India, I am a Linux/VMwareSystems administrator. I have been working for IBM India from past 7 years as a operations lead specialist. I am actively looking for H1B sponsorship, please let me know you i have any company contact or consultancies sponsoring for 2015-2016
    please respond to : [email protected]

  2. varun

    Hi Raghu,
    Me and my husband are working in IT and I am on H1b Visa.
    My husband has taken leaves and would be coming to US in Feb’15 for two months and we will be applying for his H1B through a consultant.
    we talked to some of the folks and they told if we find an employer to apply for his H1B and he goes back to india then chances of rejection of his VISA while stamping would be higher. Is that true?
    Also in H4 to H1B conversion ,consultant would apply for fresh H1B. is that correct? if H4 will still be valid for that applicant?
    In our case would it be “H4 to H1B” or would it be “Applying for H1B from India”?

  3. Blue Light

    Don’t worry about it being worth it. It is illegal. If it anytime the consulting company gets caught, candidates who paid for the visa can get jailed / deported. Stay away from anyone asking for money to file H1B.

  4. RahulM

    Hello Raghu, I am in the US currently on an L1 Blanket visa. I work for a big4 consulting firm currently. While there has been small talk around getting an H1B filed for me by our company’s immigration team, I am not very optimistic about it. Despite my company having it’s own immigration unit, an H1B application
    filing approval looks difficult given multiple internal processes. I arrived in July ’14 and my visa is valid till July ’17.

    Would look forward to your advice on getting an H1B visa sponsored through any other willing employer. Any kind of guidance is welcome.

  5. Atul

    Hi Rahu, In your above article you have mentioned about extra layers for applying H1B from India. I am Indian national and living in other country on PR. Does it means that I would require less documents for H1B. As I would not be applying from India.

  6. aji

    Hi Raghu, I have got my H1B visa approved and my husband has H4 visa approved. I’m in US already i’m planning to bring my husband around month of Feb and look for consultancies to help us file H4 TO H1 conversion for my husband . Is there possibilties to find any company who can sponser us for H4 – H1 filling and job offer , he is currently working in India as Senior executive Network engineer in India in smal concern. Kindly provide your suggesstion to get work permit for my spouse next year.

  7. keerthi

    Hi Raghu,
    Currently I am working for IT company in India and my employer has applied a H1B for me in 2014-2015 quota. My petition got picked up in lottery and waiting for approval. I also have a H4 VISA as my husband works in US and holds a H1B.
    My question here is, am planning to travel US in on my H4 VISA. Will I be eligible to work from 1st of October once my H1B is approved? or should I come back to India for stamping in order to start working at client location in US? Please help me here as need to take decision based on expert advice.

    1. Raghuram Sukumar

      Most likely if you travel now on H4, you can’t start working in US from Oct 1. You have to either travel to get H1 stamping or employer have to do COS H4 to H1B. Talk to your employer’s attorney for options.

  8. Dave

    Hi,
    I am studying Doctor of chiropractic in USA, which has very high demand in USA but my concern is that most employer are small clinics which has 1 or 2 Doctors only , so in this case if I able to manage to get a job, will my employer will be eligible to file for H1B?

  9. Gaurang

    Hi Raghu,

    Good insight of H1B scenario. I’m also going through same period. I am working as an IT professional in one of MNC in India. I have altogether 2+ experience and my company is filling H1B application for me in this year cap. Now my second thought is to go USA on F1 for MS as I have gre & toefl in my hand since last year! Hence I’m a little confused that wether to stay or move to USA on F1. After reading your article I felt like after MS it’s even harder to get H1B. Just for a note, I’m greatly confident on my technical skills & experience but the job scene of long period post MS scares me a little. If you can guide a path or suggest something, it would be helful. :)

    1. Avatar of Raghuram Sukumar Post
      Author
      Raghuram Sukumar

      I think you got the opposite message. It’s easier to get H1 after MS ( compared to other options). If your company is sponsoring your visa, then get it coke to USA, change to student visa or study part time.

  10. Jay

    myvisajobs.com is a very good website which gives you the complete statistics of H1B and GC filed by all employers. You can look at how many LCAs or LCs were filed by each employer every year, so that you can verify the credibility of the consulting company you are dealing with. Good Luck for people who are in search of H1B sponsor this year.

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