Trying to re-enter USA. Options?

[vsanjay 0]

I'm glad I found this forum, for I'm looking for some advice on moving to the US for work. Here's my story:

Back in fall of 2007, I entered USA as a student and graduated in 2009. The job market back then was hopeless (for a fresh graduate with internship experience) and at the same time I received a decent employment offer from back home. I've been employed with this company for 3 years now and feel the need for a change. However, I would like to explore the US job market now because, a) I really liked my stay in the US and would love to be back and work for a few years. b) I'm working in the cloud domain and it's really hot in the US right now, unlike in my home country.

Now, I know countries like Australia and New Zealand offer what's called a "Skilled Migrant" visa where they see if the applicant's field of work is one that matches with their list of industries that is seeing (or will see) a dearth of workers (you don't need a job offer at hand to apply). But does the US have such a provision?

I've also heard that there is a special quota for those that have previously studied in the USA when they apply for visa in the future.

I don't currently have a job offer at hand from the US. I'm also apprehensive about applying through consultancies for they tend to inflate years of experience and skills possessed in order to get candidates hired.

With this information, what options do you think I have to return to the US legally and happily ?

Edited April 4, 2013 by vsanjay

[canadian_wife 1,791]

To be granted a work visa you need a job and an employer to sponsor you.

H1B might work for your situation, but then the employer send that off.

I've studied in the US and have no idea what you mean by 'special quota'

good luck

[vsanjay 0]

To be granted a work visa you need a job and an employer to sponsor you.

H1B might work for your situation, but then the employer send that off.

I've studied in the US and have no idea what you mean by 'special quota'

good luck

Hello and thank you for responding. I was told by friends that among H1B applicants, those who had finished a Master's degree in the US are given special preference over others. I could be wrong.

[Penguin_ie 5,984]

There is no preference for those who have studied in the USA, but any Masters will help get a H1B visa- as the previous poster says, you need to find an employer first and that employer then sponsors/ applies for a work visa for you.

Your other option, depending on your country of origin, may be the Diversity Visa Lottery.

[Phire 1]

Hello and thank you for responding. I was told by friends that among H1B applicants, those who had finished a Master's degree in the US are given special preference over others. I could be wrong.

From what I know, the first 20,000 applicants for an H1B visa who have a Master's degree from an accredited US institution do not count towards the 65,000 annual cap. So in essence there are 20K H1B visas reserved for you guys, and once those are gone you're competing for the same 65,000 that everyone else is. That doesn't give you any preferential treatment when your application is being assessed, just that you've got a bit more leeway when it comes to the numerical cap.

[Darnell 8,478]

40 thousand of last year's H1B visas were awarded to 10 offshore work-contracting companies. You should research a bit more, and apply with one of those 10. (Seriously, do more research, la)

[newacct 688]

From what I know, the first 20,000 applicants for an H1B visa who have a Master's degree from an accredited US institution do not count towards the 65,000 annual cap. So in essence there are 20K H1B visas reserved for you guys, and once those are gone you're competing for the same 65,000 that everyone else is. That doesn't give you any preferential treatment when your application is being assessed, just that you've got a bit more leeway when it comes to the numerical cap.

However, for the past 3 years, the advanced cap has run out before the regular cap has run out, which means it just went to the first 85000 applicants, with absolutely no difference between advanced and regular people.

About this year, who knows? There are rumors of a lottery, and if there is a lottery advanced people might have better chances.

Edited April 4, 2013 by newacct

[guyinusa 0]

H1B visa is finished for a year..

Better try Canada/Australia.. and then to USA..

Or come to USA via L1 visa.. that is not easy..

[vsanjay 0]

Thanks a lot for all the information. It appears that I should try to get hold of a job offer first from a US based company before applying for a H1B visa. I will follow Darnell's advice and start researching more and catch hold of a decent job consultant. If the new immigration reform passes, I'd have to shell out much more for Visas, although the cap will also be raised to more than 100,000.

[Boiler 43,425]

You can not apply for a H1b.

[habiclaw 0]

This year h1b cap is full but you start looking for a job and start applying in your domain.

Once you find the sponsor try h1b for next year.

you can also go on L1 visa as guyinusa suggested

Best of luck

[kzielu 1,147]

This year h1b cap is full but you start looking for a job and start applying in your domain.

Once you find the sponsor try h1b for next year.

you can also go on L1 visa as guyinusa suggested

Best of luck

Do you have idea what L-1 requirements are ? Apparently not even slightest... No, he can't just go on L-1 visa, he would have to be employed for a year in a company to be transfered on L-1.

[Owen_London 65]

Do you have idea what L-1 requirements are ? Apparently not even slightest... No, he can't just go on L-1 visa, he would have to be employed for a year in a company to be transfered on L-1.

It's slightly disturbing that this comes from a lawyer touting for business.

[Harsh_77 716]

It's slightly disturbing that this comes from a lawyer touting for business.

Previous poster is correct the OP will have to be employeed by the same employeer in his home country for min of 1 year before company can apply L1 for him.

Lately lot of the L1 are also being rejected as consulates are aware of the employeer using L1 to circumvent H1.

[Owen_London 65]

Previous poster is correct the OP will have to be employeed by the same employeer in his home country for min of 1 year before company can apply L1 for him.

Lately lot of the L1 are also being rejected as consulates are aware of the employeer using L1 to circumvent H1.

Sure, I was agreeing with him. I'm in the US on an L-1 visa, so I know all the rules.