Options to continue my career once I am there on H4? - as H1B cap is exhausted

[mansibalapuria]

Hi,

I was due for H1B visa this season from Infy, but unfortunately it did not go through. My husband is in US from the same account and at same location(Pennysylvania). I do not want to wait for next visa season(as it will be 1.5 years of wait as I will be able to work only in Oct 2014). What shall I do? I have 4.5 years of extensive ADA (development) experience in US healthcare domain.

I am thinking of the following -

Finding a cap-exemp H1B job in nearby location. Work with the cap-exmpt entity. Simultaneously I will find an employer who can file an H1B for me next year.

My question is - How can I find a cap-exempt entity? Is it too tough to find such a cap exempt entity? Can I approach a consultant who can find me a cap-exempt entity ? - may be some healthcare research entity which is non profit?? Or may be some college/university.

Should I start studying in a college that gives me CPT. Once I have the CPT find an employer who would file my H1B. My moto is not to have a gap in my career till next H1B season. Salary is not a priority for me. I am fine with any kind of job which is related to US healthcare.

Currently I have an H4. I am in India with the current employer who promises me to file an H1B next year for me. I want to travel to my husband soon.Please guide me through this. Thanks thanks thanks a lot..

Thanks,

Mansi

[rahul412]

As far as my knowledge is concerned Consulting firms doesn't come under cap-exempt organizations.

Even if you join a school you cannot get CPT within one year of full time F1 status, and real schools doesn't offer CPT from first day.Even if you find a school and later you file H1, at that time your current work status will be illegal and your H1 may be rejected.

You have H4, why don't you enter into US with H4??

[JoeF]

For one, forget CPT. That would only kill your career forever,

CPT is NOT and has NEVER been for working in some arbitrary job. It is only for work, .eg., internship, as part of an established curriculum.

Abuse of CPT would kill your career in the US, and could even lead to a lifelong ban.

For a cap-exempt H1, you would have to find a job at a university, a non-profit research organization affiliated with a university, or a government research institution.

[t75]

Cap exempt positions are rare. There are many qualified US workers for these positions. CPT is part of a curriculum - not a way to get around US work restrictions. If you want to work legally, you need to stay in your home country and NOT come to the US.

You just do not get to dictate terms to the US government as you seem think you are entitled to do.

[a.kumar.er]

Hi,

I was due for H1B visa this season from Infy, but unfortunately it did not go through. My husband is in US from the same account and at same location(Pennysylvania). I do not want to wait for next visa season(as it will be 1.5 years of wait as I will be able to work only in Oct 2014). What shall I do? I have 4.5 years of extensive ADA (development) experience in US healthcare domain.

I am thinking of the following -

Finding a cap-exemp H1B job in nearby location. Work with the cap-exmpt entity. Simultaneously I will find an employer who can file an H1B for me next year.

My question is - How can I find a cap-exempt entity? Is it too tough to find such a cap exempt entity? Can I approach a consultant who can find me a cap-exempt entity ? - may be some healthcare research entity which is non profit?? Or may be some college/university.

Should I start studying in a college that gives me CPT. Once I have the CPT find an employer who would file my H1B. My moto is not to have a gap in my career till next H1B season. Salary is not a priority for me. I am fine with any kind of job which is related to US healthcare.

Currently I have an H4. I am in India with the current employer who promises me to file an H1B next year for me. I want to travel to my husband soon.Please guide me through this. Thanks thanks thanks a lot..

Thanks,

Mansi

Malini,

what is your job profile and experience?

Not being discouraging but telling you the truth. Being very honest, all these plans which you are thinking are not easy..... Really they look very good on papers but when you start talking to consultants and HRs no one will listen to you after you say I am on H4. also if you are coming on H4 then you are loosing your experice during your h4 time.

Coming to your options, Whatever plan you said is right and can be done but chances are:-

Cap expempt secenario : very very very rare(Next to impossible).... Universities will not take you in, they have some kind of restriction on hiring internationals. Most of the NPOs simply dont have extra funds to file H1 and on top of it why will they file if they can find a citizen and green card holder... so NPO is simply out until you have very strong contacts or very very rare skills and also not every NPO is cap exempt. and one more thing, "DON'T beleive on golden stories(such as i know a friend, his wife was hired by a NPO)", they are just stories. I heard a lot of them but could not find a real one(i litterly tried to find some of them). :). So i assume that these cases do happen but chances are very rare.

Study (CPT one) : yeah that will be a way but it has lot of process involved. First you have to come to US on F1 (say next year spring) and then study for one year then you will get CPT but that is only for internship then study again...then upon completion get OPT and work for 1 more year(17 months extension if STEM course). During all these year you have to look for an employer which can sponser you for H1 and that too is a lottery system from this year onwards so even after finding employer you will not be sure of your H1 until you get it :).

Ask your husband to do a very very good research before bringing you here. A good research and plan will make your life a lot easier.

PS: Above all comments are from my personal experience. Please do not consider them as a professional advice.

Thanks

Sanjay

[ineedgc555]

Stay with your husband till next year here in US. File for H1 and start work next October 2014 if you get it. Or stay and work in India for "Infy". Or after you get here, you can change your status to F1 if you are interested in studying from a non-profit and accredited university.

[JoeF]

Study (CPT one) : yeah that will be a way

No, it won't.

CPT is dead, due to abuse by shady universities.

No real university will give out CPT, except in very limited circumstances.

An F1 is for studying, not for working. And CPT is only for work as integral part of the curriculum, not in some arbitrary job.

Abuse of CPT will kill the career in the US.

[omshiv]

Cap exempt positions are rare. There are many qualified US workers for these positions. CPT is part of a curriculum - not a way to get around US work restrictions. If you want to work legally, you need to stay in your home country and NOT come to the US.

You just do not get to dictate terms to the US government as you seem think you are entitled to do.

excellent post....totally with you maam.