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  • Looking for a job in US from home country

    Hi friends,

    My H1B petition and visa was valid from December 2011 to September 2013. I traveled to USA twice on this visa for a total duration of around 5 months. I am currently in my home country still employed with my visa filing employer.

    I am trying to search jobs directly in USA, as I understand that I am currently falling under H1B exempt cap.

    Can someone suggest me how do I go about finding jobs and employers directly in USA from my home country? I have been trying this without any success so far. And is it legally possible? How do I find and talk to any desi consultants?

    1 more thing. Someone told me that I would be counted on the H1B exempt cap only if my current employer files it, otherwise not. Please confirm this.

    Since my H1B visa is already expired, would I be able to find a new sponsor who can either extend my current visa or file a new one?

    If I change my employer in my home country itself, and the new employer is not interested in transferring my visa (since they don't have work for me in USA), would I lose my H1B exempt cap status for future or I still have the chances of finding a third employer, say 1 year down the lame.

    A friend of mine told me that the extension of an expired H1B visa is possible only within the first year after its expiry. I see contradictory information regarding this.

    Thanks in advance.

  • #2
    Originally posted by madhuryadav View Post
    Hi friends,

    My H1B petition and visa was valid from December 2011 to September 2013. I traveled to USA twice on this visa for a total duration of around 5 months. I am currently in my home country still employed with my visa filing employer.

    I am trying to search jobs directly in USA, as I understand that I am currently falling under H1B exempt cap.

    Can someone suggest me how do I go about finding jobs and employers directly in USA from my home country? I have been trying this without any success so far. And is it legally possible? How do I find and talk to any desi consultants?

    1 more thing. Someone told me that I would be counted on the H1B exempt cap only if my current employer files it, otherwise not. Please confirm this.

    Since my H1B visa is already expired, would I be able to find a new sponsor who can either extend my current visa or file a new one?

    If I change my employer in my home country itself, and the new employer is not interested in transferring my visa (since they don't have work for me in USA), would I lose my H1B exempt cap status for future or I still have the chances of finding a third employer, say 1 year down the lame.

    A friend of mine told me that the extension of an expired H1B visa is possible only within the first year after its expiry. I see contradictory information regarding this.

    Thanks in advance.
    Any employer can file a cap exempt petition for you within 6 Years of your last H1 status in US. There is no requirement it has to be from existing employer or within 1st year of expiry.

    There are many portals which showcase employment opportunities in US suggest you go through them. Make sure you do proper due diligence before approaching consultancies.

    This is my opinion not legal advice.

    Comment


    • #3
      Cap exempt advantage from home country

      Thanks raghvi. 1 last question please.
      1 consultant told me today that since I am not present in USA, my cap exempt visa is a good as not having a visa, since cap exempt would be applicable only if I am in USA and then getting my visa transferred or extended.

      Please confirm.

      Originally posted by raghvi View Post
      Originally posted by madhuryadav View Post
      Hi friends,

      My H1B petition and visa was valid from December 2011 to September 2013. I traveled to USA twice on this visa for a total duration of around 5 months. I am currently in my home country still employed with my visa filing employer.

      I am trying to search jobs directly in USA, as I understand that I am currently falling under H1B exempt cap.

      Can someone suggest me how do I go about finding jobs and employers directly in USA from my home country? I have been trying this without any success so far. And is it legally possible? How do I find and talk to any desi consultants?

      1 more thing. Someone told me that I would be counted on the H1B exempt cap only if my current employer files it, otherwise not. Please confirm this.

      Since my H1B visa is already expired, would I be able to find a new sponsor who can either extend my current visa or file a new one?

      If I change my employer in my home country itself, and the new employer is not interested in transferring my visa (since they don't have work for me in USA), would I lose my H1B exempt cap status for future or I still have the chances of finding a third employer, say 1 year down the lame.

      A friend of mine told me that the extension of an expired H1B visa is possible only within the first year after its expiry. I see contradictory information regarding this.

      Thanks in advance.
      Any employer can file a cap exempt petition for you within 6 Years of your last H1 status in US. There is no requirement it has to be from existing employer or within 1st year of expiry.

      There are many portals which showcase employment opportunities in US suggest you go through them. Make sure you do proper due diligence before approaching consultancies.

      This is my opinion not legal advice.

      Comment


      • #4
        One need not be in US to apply a cap exempt H1. Its generally perceived to be easier for consultants to do a transfer if you are already present in the US.

        This is my opinion not legal advice.

        Comment


        • #5
          Thanks so much mate. Appreciate your help.

          Comment

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