H1B Visa Sponsorship
H1B Visa

5 Challenges in Finding H1B Visa Sponsorship

H1B Visa Sponsorship
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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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37 Comments

  1. Hello Raghuram,
    I really appreciate your effort, professionalism, dedication and empathy that you showed in helping us on US visa.
    Here is my query –
    I am IT Consultant with 8 Years of experience. Currently I am located in Dubai and working with very good company.
    From past few years I am filling that I should move to US for my better future (Good Saving, kids’ education , life style etc..).
    I have contacted many friends and consultancy on H1B visa sponsorship but not getting any luck.

    Currently I am holding B1/B2 for 10 years and have been many times in US for company projects.

    Do you know any good agency or consultancy who can help me to get sponsorship ?

    How difficult to get visa ?

    Will my B1/B2 visa get canceled If I get H1B ?

    Your response will be highly appreciated

    Regards
    Farookh

  2. Hi Raghu,

    I got USCIS approval for my H1B in June 2015, the visa is not stamped yet ( owing to lack of clarity on position in US )

    Could you please advise for below :

    1. Is there a time limit during which I need to get a visa stamping done, else the approval will expire ?

    2. Where can I get to know about the expiry date of my approval. ?

    3. In case my current employer, who filled for H1B is not able to secure a position in US, is it possible that I join a new employer (offering a us position) and get my visa stamped ?

    Apologies if you answered these already, but would really appreciate if you could advise for these .

    Thanks
    AG

  3. Hello Raghu,

    I hope you can help me with my query. I got my HIB petition approved status with my current organization. ( Note: Its not stamped yet).. My H1b petition is valid till September 2016.

    Now the problem is , the position for which they sponsored , is scraped now and am trying hard from different projects to stamp my HIB. so I have more challenges as they are for different location and even If I get shortlisted for other location, they need to file fresh petition.

    Now please tell me if my visa didnt get stamped before sep 2016, will it be wasted or I can ask for extension ( on the basis that I might need to travel in future ) or Can i change my job and next organization files a fresh petition for stamping? If no , then what is best for me?

    I appreciate your quick response.

    1. Now the problem is , the position for which they sponsored , is scraped now and am trying hard from different projects to stamp my HIB. so I have more challenges as they are for different location and even If I get shortlisted for other location, they need to file fresh petition.

      — New project at new location would require an amendment ( not a new petition). New petition is required when you are chaning an employer or position.

      Now please tell me if my visa didnt get stamped before sep 2016, will it be wasted or I can ask for extension ( on the basis that I might need to travel in future ) or Can i change my job and next organization files a fresh petition for stamping? If no , then what is best for me?

      — Is Sep 2016 the end of first 3 years of approval of H1B? If so, then you can still find new employer and get H1 before end of 6 years ( which will be Sep 2019).

      — You can also use this approval to find a new job with new employer.

      I appreciate your quick response.

      1. Hi Raghu,

        My petition is valid only for 1 year from 1 September 2015 to September 2016, so even in this case can I ask for extension ( just petition) ?

        Also, I am reconfirming as it sounds to be little hopeful. You are saying that there are no issue in changing my JOB even if my visa stamping is not done. and I may request with new employer ( in case I change my job) to file a fresh petition for visa stamping moreover I don’t need to participate in H1b lottery for next 6 years?

  4. Hello raghuram sir.
    Plz let me know that how can i search a job in any country and plz tell me if you know any vacancy for logistics department so plz inform to me i need a job in any country..
    Presently i working in flipkart company in India.

  5. Hello,

    I have an H1 approval got in OCt. 2008 and its validity was till Sept 2011. I heard from different sources saying that the approval would be valid till six years after the expiry date.

    Could you please let me know, what can be done to make use of this.

    Thanks,
    Jeneesh.

    1. That is correct. After 6 years, you should apply via Lottery. Based on that 2008 to 2011 to 2014. Its expired for you.

      1. Thanks Raghuram for your quick response.

        However, one consultant (value consulting, VA) approached me and asking for 1.4L rupees. They are saying that, they have already discussed my case with their attorney and telling that through cap exemption they can process my existing approval (got in Oct 2008 to Sept. 2011). I am not sure, how much I can trust them. That’s why I am asking the question again, is there any possibility to take up my previous approval?

        Thanks,
        Jeneesh.

    2. Hello Raghuram,

      IS there any consultancy which helps for Mechanical engg H1 visa processing. My current company does not wants to process H1 for me.

  6. Hi Raghu,

    I have 11 years experience in Human Resource management and looking for Sponsor employer. Guidance /
    information is highly solicited.
    Rahul

    1. Check out H1B Visa 101 course. If you have questions after watching the course, I will answer them in members area.

  7. I am looking for H1B sponsor company. Does anyone have the name and contact no of Company who does sponsor H1B and actively looking for candidate.

  8. Hi,

    Thank you for taking this time to read this im very confused.

    I’m trying to either to get a H1B Visa but its very hard with a media background.

    I read somewhere that to have the 2 year home bound on a J1 means you had help from the government. that’s why you just stuck with the home bound thing. So my question is how do you not get the 2 year home bound on your visa? what are the reasons you do or is it random? Getting sponsored by an organization would you get the 2 year bound?

  9. I had a J1 visa and the 212(e) requirement has been fulfilled. I need to return to the US to work permanently. Do you know how I should proceed

  10. Hi,
    I have a valid H1B. But my employer is not sending me to US. Can I search a new H1B job in US while I am India. Can I transfer the Visa to new employer?

    Regards
    Suman

  11. (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]

  12. 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”?

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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. 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.

  18. 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?

  19. 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. 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.

  20. 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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