Gopi has asked the below question about OPT and H1B visa for 2011.
I have completed my master’s and OPT in USA. Presently I am on F1 and register for another college. Can you please tell me the best way to get H1 for 2011.
Most of the students who graduated last year ( December 2009) are in Gopi’s situation trying to find best ways to get H1B visa sponsored for 2011 quota. This post will look at the best possibilities for OPT students and will focus on why they are best. This article assumes student has graduated and is on on OPT.
As most of you know there have been changes in the H1B visa rules in 2011. If you do not know, you must read this “ Flash News : Additional requirements for filing H1B Visa petition for 2011. USICS releases additional Employer Employee relations Memorandum. The new guidelines given by USCIS are talk of the town and they do not favor the old ways of job shop consulting with a desi employer.
F1 Students impact of New H1B visa rules of 2011 :
What these new rules mean to F1 Students who graduated and on OPT is : it is a tough situation to find a small and mid size desi employer to sponsor your H1B visa because of the new regulations of Employer – Employee relationship and right to control issues. It is not advised to go to a small or any mid size consulting company that do not have any on-site implementations. Logically speaking, small desi companies are out of the picture for sponsoring your H1B visa for 2011.
There are three different options available for F1 students on OPT.
Look for an American Based company for Full time job and get H1B sponsorship
Look for a full time job in outsourced IT Companies like TCS, Infosys, Cognizant, HP, Accenture, etc. and get H1B sponsorship
Do NOT get H1B visa for 2011, work on OPT for a e-Verify company
Let us look at each option and analyze logically.
Look for an American Based Company for Full time Job :
This is probably the best option for getting H1B visa petition approval. Obviously, the reason is you are working for a company as a full time employee rather than doing consulting. With your MS degree in US, the American company can present your skills well and you have good chances of visa approval and you should do very well. This is the best case scenario. The reality is, it is not as simple as I say here to find a full time job from an American company for a variety of reasons like TARP impact on H1B visas. You can read the article “ Companies that cannot Sponsor H1B visa for 2011. TARP impact on H1B sponsors for 2011″ Also, with the recession hit, many companies think sponsoring H1B visa additional work and moreover, there is enough talent that is jobless, so why not hire them rather than going through all the process. Logical point is, it is not as easy as it sounds, but this is the best option if you can get in and get H1B visa sponsored for 2011 quota.
Look for a full time job in outsourced IT Companies like TCS, Infosys, Cognizant, HP, Accenture, etc. and get H1B sponsorship :
This is probably the second best alternative available, if you are planning to get H1B visa approval for 2011. The logical reason is, with recession and other cost saving related issues, many American companies are continuously outsourcing their projects to India. These big outsourcing companies need skilled workers to meet the needs of their clients in US. The model of working of the big consulting companies like Infy, TCS satisfies the New H1B regulations set by USCIS from 2011 Quota. Your H1B visa petition is backed up by good proof of projects by these companies and your Masters in US is an additional credential that will help you for approval. Pay packages may not be attractive and work culture may be different than typical American company, but it is a good choice to be in status and get H1B visa. If you look at the other side of coin, because you may have more work, you get to learn a lot in the beginning of your career. Just a positive to think about 🙂
Do NOT get H1B visa for 2011, work on OPT for a e-Verified company :
This may seem alarming or scary, but this is not as bad as it sounds. Lets think through the choice of OPT, you may already know that you can work on OPT for 29 months, If not check the article on OPT rules of 29 months for STEM Degrees. Imagine, you graduated in December, if you can find an internship or Co-op in a e-Verified, then you can keep working for 29 months. In fact, your advantage is you can see through the recession completely and keep applying for a full time job along the recovery of the economy from recession. Hopefully market picks up and you get to work full time soon. What internship does is, it buys you a lot of time. You may think getting internship is hard, I understand. But, it is easier than finding a full time job and getting H1B visa sponsorship from them. Interns are a better choice for employers in recession or anytime because, logically speaking: firstly, they do not need to take the risk of sponsoring you H1B visa and secondly, the employers get to see your performance for six to nine months and then make a decision. If you do well, you will be offered a position. If not, you have the internship experience and it will help you get into other company. Either case, it is a win-win situation. You may have to work with the school officials and find out companies that are participating in the e-verify program. I totally understand that it tough, but it is the least thing you can do if you cannot get the above two options.
Try all the three options, You lose nothing !
It is a wise decision to put equally decent efforts in all the three options. Because, you never know when luck will knock your door and you need to have backup options too. Every options is worth a shot and it is good for you in some way. If you think you cannot find enough time for all three, use your discretion and pick what you think works best for you…
In future, I plan to write articles on How to look for internship and whats the secret for finding internship.
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