May
8
Q: I am a graduate. What are my chances of getting a H-1B visa now? If I got the H-1B, could I come into the US before the visa starts?
A: Unfortunately the H-1Bs for 2007/2008 were all taken April 2nd, the first day of issue. The recent release was for jobs starting no sooner than October 1st 2007. If you had been one of those lucky people who got through then yes, there would be a wait of a few months before they could actually enter the US on the H-1B. In fact, you can arrive up to 30 days prior to start date.
The H-1B is the main graduate visa, there are no other graduate visas.
Realistically, the H1-B has very much become a lottery visa now with now major change in sight. For example on April 2nd USCIS received over 136,000 H-1B applications. I had two cases that were filed on the weekend before release, both applicants had fund willing employers, we’d gone through all the paperwork, and one of the cases has already come back because it did not make the cut. It was not even judged on the merits.
So my point here is that yes, you can wait until next year and go though all the trouble of getting an employer to jump through all the hoops and so forth, pay all the fees and still risk come up empty handed.
A better strategy is now looking to become a US student first for at least one year. Aliens who graduate even from a Community College become eligible for a one year work permit that gives the the right to work for anyone without restriction. It’s during this time that employee - employer relationships are formed and long term sponsorship is more likely.
There are developments in the works as outlined under the STRIVE Act which aims to improve things.