am asking for my brother about the H-1B visa, the work visa, how things work, any advice, i try to search but cant find important information, anybody got any information about it or experince?! is it fast is it good, r it for sure?

H-1B can only be sponsored by an employer, and there are only a set number available in a year, so is not fast.

SEE: http://travel.state.gov/visa/immigrants/ty...types_1323.html for More.

that is the page i finded which doesnt have any helpfull infromation at all, but thanks anyway for searching for me, but i neeed experinced people in that kind of visa, advice, is there is way to find it, applying online, but what kind of companies can ofer H-1B visas, is it fast to get this visa, is it acceptable for sure?
does it hard like visit visa?
anybody experinced that one before?

Good source of info is here: http://www.h1base.com/imignews.asp

VJ tends to cater to family based immigration (K1, K3, CR-1, and IR-1 visa types)

He will have to have a skill that is in demand, and there is a shortage in the USA for workers.

I had a H-1B for 6 years. Your brother would need to find a company that is willing to sponsor him for an H-1B, so the first step is to job hunt, not to try to figure out how to get a visa. The visa application itself will be done completely by the company's lawyers, not by your brother.

H-1Bs generally require a high level of education, at least a Bachelor's degree is needed.

H-1Bs are subject to quota, so are quite hard to get these days.

thanx for the advice dr lha, other question too, so it should be big companies for doing that, mean, not the motel at the end of the street, it should be big hotel chain to do that as example!,
my second question, is he is subject to just stay and work, or he can apply for immgration and stuff like that?

i highly doubt any H-1B's would be sought after for a hotel staffer unless it was for a world reknowned chef or something like that. Majority of H-1B's are architects, engineers, computer programmers, accountants, doctors and college professors according to wikipedia - outlining the fact this this type of visa is based on the highly skilled.

I have my doubts hotel chains are wanting for employees so badly that they would go through the hassle of applying for a H-1B for someone. If it were a big hotel chain, they would most likely use an L-1 visa which is much easier to get. L-1 is for employees of foriegn companies that want to transfer to work in the USA. Most hotels would have a foreign presence, so the L-1 would be the way to go.

H-1B is dual intent, so you can apply for a Green Card while present in the USA on one.

There are still H Visa's available this year for those with a US Masters, or there was last time I looked.

What are your Brother qualifications?

Which line of work is he looking at?

I read that over 60% of the H1-B visas this year went to applicants from India. The H1-B is quickly becoming the industrial espionage visa, since companies in India encourage their employees to join companies in the USA to learn their methods, then they return to India and report what they've learned.

It's pretty cynical actually. I'm for capping H1-Bs and dramatically lowering India's quota.

Yeah, I think you shouldn't believe everything you read on the internet. The fact is that a lot of H-1Bs are for technical jobs, especially computer jobs. India has a lot of people qualified in this area. The industrial espionage angle is just another propoganda tool used against H-1Bs by a certain section of Americans who want to get them abolished because they perceive H-1Bs as "taking our jobs".

There are definitely things that could be fixed about H-1Bs, the biggest of which is the ridiculous "prevailing wage" thing. This is where they try to stop H-1Bs becoming "slave workers" by ensuring they are paid a good wage for their job. The reason I think this is ridiculous is because when my last prevailing wage report came back they recommended I get paid $30,000 less than my job was offerring, and the pay wasn't that great for the job!

The H-1B cap is pretty low right now (60,000 a year I think). Capping it even more and putting restrictions on what country comes in will basically be close to scrapping it, and I think H-1B is extremely useful tool for getting smart people into the USA, one of the very few that we have right now. I'd personally rather have some smart Indians coming into the country than the extended family of a person who conned a US citizen into marrying them and getting them a green card.

I suppose I shouldn't listen to any of my friends in the IT industry in the US either. Companies in India admit to doing this; it's not a secret. I don't want to abolish H1-Bs, but I don't want them all to go to people from India either. It isn't fair.



They should be paid what anyone else doing that job would be paid.



Those people aren't getting H1-Bs so they're somewhat irrelevant. The way things are going, it's almost as if the H1-B is India's visa, and India is throwing its toys out of the pram wanting a BIGGER percentage of the H1-B pie! The absolute f*cking CHEEK is unbelievable. What do you think the UK would say to the United States if we told them that we wanted them to set aside 70% of their skilled worker visas per year? They'd tell us to go stick our heads in a pig, and they'd be right to do so.

I have a friend who probably won't be getting his H1-B because US IT companies are so desperate for people who know that a mouse isn't a foot pedal that they'll hire a bunch of guys from Bangalore who work for the same company, then not suspect a thing as they all leave at the same time a couple of years later and go back to the same company in Bangalore. Basically Indian universities are not training decent software engineers; it is not the students' fault, they're just not taught some things that would be basic in US universities...like design. So, they have to continue their education on the ground in the United States. It isn't right. The US government is helping Indian IT firms to suck more and more IT jobs right out of the country.

As someone who works in IT and is often stuck cleaning up the messes made by the offshore team in Chennai, I resent it. A lot. So sue me.

Yes, that was my point. State Department is supposed to enforce this, but when the prevailing wage they calculate is ridiculously low, then basically they're not doing their job.

Your post only proves you are ignorant about temp visas.

1. (unrenewed) H1-b's HAVE been capped since 1989; generally @ 65,000/fiscal year, sometimes extended by presidential authority (Clinton did this in FY1998/1999).
2. H1-b's being dual-intent, a substantial number DON't return home (Visa Bulletin). In fact, a substantial number enter(ed) as students and then decide(d) to stay.

(as someone who has actually worked on temp visa--in this case, TN-1--and observed H1-b colleagues...)

http://www.kkeane.com/ is a good resource for H and L.

From personal experience, the only H and L's I know work in IT. I know a few from India and they are sweating on their employer sponsoring them for a GC. Until then the Employer has them by the short and curlies.

But I have also heard that Chinese and Indians particularly are returning due to better opportunities in their growing home market than a declining US one.

My guess is that the OP's brother has no chance, but on the general subject, we have a major IBM plant nearby, I know they are laying off 10% next month with another 10% in a few months time. A friend who works for a start up IT and was looking to recruit a junior person was inundated with applications, the majority vastly over qualified (would want more money than they were looking to pay).

Add me to the list of people who had an H-1B and ended up staying. I also know great deal of people who have gone this route. H-1B is generally designed as a path to LPR status, hence why it is dual-intent. I know plenty of LPRs who were once H-1Bs, a number of which are Indian, including my soon to be brother-in-law.

Even the dual-intent issue can be misleading, as obviously USCIS cannot prevent a holder (who is already in US) from developing such. Can you guess which is the third nation by rank for H1-b's? No surprise, Canada (about 99% are I-129 swaps from TN-1).

And even the issue of dual-intent breaks down when the visa (TN-1 is not supposed to be dual-intent) is renewed by mail (for employment-based GC's, the TN-1 holder can renew until an I-485 is submitted if doing AOS; for Consular Process, right till just before the appointment @ Montreal)

I am one of those who decided to stay after schooling in U.S. I graduated with BA of Art Architecture, and I was hired by an architectural firm right before graduating from school. I had Optional Practical Traning Visa and my employer offered me H1B visa 6 months before my OPT expires . I changed my employer 4 times in the past 7 years though. If you have a degree from college in U.S, your degree should match your job description. My case, I have Architectural degree, so I could work for architectural field only. I love designing and I cannot be happier with my profession, but sometimes I felt like "I have no choice in my life in U.S."

I am actually aware of this. The point I was trying to make is that some companies...and India...want the US to either increase the cap or get rid of it. I am against both of these.



Sure, a lot of them did that in the past. What I'm telling you and what you're not believing is that companies in India have admitted to using the H1-B to commit industrial espionage. If you don't want to believe that, I don't really care...it doesn't make it any less true.

Have you actually got any stats on H1-b's returning home?

The vast majority don't--so it would be a rather ineffective method of industrial espionage.

Well this year over USCIS received over 150,000 applications for the 65k visas on the first day, April 2nd. They are now using the lottery system (for this year) to pick the visa recipents. My co-worker is waiting by the phone and email for an answer.

It's a recent trend. It has been widely reported over the last month; if you choose to ignore it it's your business, but the H1-B is being exploited. I don't really care what happened 5 or 10 years ago...what is important is now, 2007, and this is what's happening NOW.

Hey Guys, it is irrelevant to this topic.
Industrial espionage is common despite H-1B visa any way. Company A is scouting talented people from Company B with perks, benefit, and higher salary, isn't it? Those people bring their knowledge for Company B even though they may have NDA with Company B. :-)
It's not new.

I was H-1B, and am staying with same company for almost 9 years.

Nowadays H-1B is kind of difficult to get, because the company needs to file for individual, and wait for how many months? without guarantee whether it's going to be approved or not...

Principle of H-1B is following.

1) Compnay needs to file for individual. Individual can not file it for himself/herself.

2) Company needs to maintain reasonable financial cash-flow to pay for his/her salary. That means that company should make profit, and be able to pay for H-1B filing cost and salary.

3) Job should be posted over public - newspaper and/or job recruit site - for the period to prove that no US Citizen is available for that position.

4) Labor Ceritification should be passed from DOL, which means the salary should be more than prevailing wage for that position.

5) Job description/requirement should be matched from college degree he/she has or higher. Without the college degree - 4 years - , I think it can be substituted with 12 years on-the-job experience.

6) Job description/requirement shows that the job itself requires at least college degree - 4 years -.

7) Job position should be posted at the site for 15 days ( 30 days) or longer.

8) Company needs enough patience to wait for H-1B filing/processing time.

9) You should have luck with company hired laywer's efficiency and best luck to get through USCIS processing to become one of first 65,000 when USCIS open to receive the H-1B petition every year October 1. (Actually they start to receive it a couple of days prior to October 1, but if you file too earlier, they will return it without holding it for October 1 processing.)