Which work visa if not H1B or L1

[bummerman]

Dear Experts,

I am from India and a company in the USA that is using a technology which I co-developed has offered me a job. I need to report to them as soon as I can. I need help in determining a suitable visa for me.

If I understand correctly, no more H1Bs will be granted this year to potential employees of private companies and I cannot apply for an L1 visa as my company is not related to the company in the USA. I guess a B1/B2 visa would be the best option right now but I am not sure if that gives me a right to work.

Any insight or suggestion would be helpful.

Thank you

PS: I have a PhD and I have travelled to the USA for a conference on a B1/B2 visa.

[peace999]

B1/B2 is a visitor/business visa and you are not allowed to work using that.

H( 1A, 1B, 2B) , L,O,P, Q are the 5 work visa categories available .

Options for you;

1. H2B visa could be used if your employer could demonstrate a temporary need but Indian nationals are only allowed if it can also be demonstrated
that the work is in the US national interest.
your employer has to file a petition if those 2 conditions are met and petition best filed through a good attorney.

2.O-1 visa could be an option if you can demonstrate extraordinary ability in the science/tech work.( awards etc) Usually the bar is set high for this one.

3. B1 in lieu of H1; when there are no more H1s for the year, explore this option. there are set criteria ; for full details just google, B1 in lieu of H1.

[bummerman]

Thank you so much peace999. You are a pro.

The work that I am expected to do for the American company is mostly train their employees. I was also thinking of a construction where I can continue working for my current employer (who is in Europe) i.e. draw my salary/benefits from them and stay in the USA to serve the American company (which will be thus defined as a client of my employer). Can I work on a B1/B2 visa then. I am inquiring this as I think getting the B1/B2 might be a faster option.

[peace999]

B1/B2 is out of the question. They will never give it you for the purpose you want. A mere mention of word "work" in relation to B1/B2 means denial.

Explore B1 in lieu of H1 . that may work. I do not know the details for that. There are plenty of sites explaining that.

[bummerman]

I'll do so. Thank you again.

B1/B2 is out of the question. They will never give it you for the purpose you want. A mere mention of word "work" in relation to B1/B2 means denial.

Explore B1 in lieu of H1 . that may work. I do not know the details for that. There are plenty of sites explaining that.