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 Working in the USA with H1B or L visa

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TSjamalnsx
post Mar 14 2024, 10:56 PM, updated 11 months ago

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Hey guys. Need some opinions.

I quit my Singapore job and went to Canada. Was jobless for few months but during that time
Engineering director from my ex customer offered me a job in Silicon Valley, USA.
He want my experience reconfigure/rebuilding their production machine as he having difficulties with cooperation from my previous company.
The company also in transition to a new product with a leap in technology and this is also will affect the company's future.

The catch is I need to work in Penang when they process my H1B visa. If I didn't get selected by the lottery,
I only can transfer to USA on L visa after a year working in Penang.

Now that I've started working and just filed my lottery application.

Questions:
1) Any of you guys applied H1B visa before?
2) I only have associate degree from a college in Japan. But I have 21 years of working experience and 18 years of that with the same group of company.
Do you guys think I can be selected from the lottery? I'm still clueless how it work.

What I can see the US director (which is now my boss) is really serious employing me and he made me join the week when all the VPs and directors are
having meeting in Penang. I also met him in person and have meetings for few days. Even joined him for team building activities.

I hope I didn't screw up when filling up the lottery application.
stormer.lyn
post Mar 14 2024, 11:03 PM

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Don't count on the lottery; it really is a random selection.
I'm confused to you mentioning it as the lottery application is only open in October - November of the year
But from what I understand, applying for the lottery has no effect on any other visa application

Your best bet would be to be sponsored for the H1B, or go through the 1 year for the L-1. USA has the rules stated, and they follow it.

This post has been edited by stormer.lyn: Mar 14 2024, 11:10 PM
TSjamalnsx
post Mar 14 2024, 11:15 PM

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QUOTE(stormer.lyn @ Mar 14 2024, 11:03 PM)
Don't count on the lottery; it really is a random selection.
But I'm confused to you mentioning it as the lottery application is only open in October - November of the year
*
The consultant already asked me to file. Actually it's a questionnaire and I think they will submit on behalf of me?
I also confuses. US HR also told me we will know the lottery by the end of this month.
Then they will apply me the actual visa and I can go there by October.

https://www.uscis.gov/working-in-the-united...tration-process
According to USCIS website, this year the registration will start from March 6 to 22.

"The initial registration period for FY 2025 will open at noon Eastern on March 6 and run through noon Eastern on March 22. Both representatives and registrants must wait until March 1 to create and submit H-1B registrations."

"H-1B Registration Process Timeline

Feb. 28: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern.

March 6: H-1B registration period opens at noon Eastern.

March 22: H-1B registration period closes at noon Eastern.

March 31: Date by which USCIS intends to notify selected registrants.

April 1: The earliest date that FY 2025 H-1B cap-subject petitions based on the registrations selected during the initial FY 2025 selection period may be filed."

feynman
post Mar 15 2024, 12:05 AM

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Can you be hired into the Canadian subsidiary immediately? Presumably you have a Canadian work permit or PR. 1 year later you can be sent to the US with an L1A or L1B.

This post has been edited by feynman: Mar 15 2024, 12:09 AM
TSjamalnsx
post Mar 15 2024, 06:19 AM

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QUOTE(feynman @ Mar 15 2024, 12:05 AM)
Can you be hired into the Canadian subsidiary immediately? Presumably you have a Canadian work permit or PR. 1 year later you can be sent to the US with an L1A or L1B.
*
I wish they have but no.
stormer.lyn
post Mar 15 2024, 09:27 AM

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QUOTE(jamalnsx @ Mar 14 2024, 11:15 PM)
I also confuses. US HR also told me we will know the lottery by the end of this month.
I wonder if we are talking about the same thing?
H-1B Visa - Company hires a specialist to fulfill a special job no one else can do (maybe have some leeway here they can show that you are very suitable for their position with your experience)
L-1 Visa - Company transfers an employee internally to USA (makes sense you have to work 1 year for the company in Penang first)
Diversity Visa aka "Lottery" - Totally random selection to increase the diversity of people in USA. Anyone can apply, absolutely no guarantee for any outcome.

Just let you know that I am not even close to an expert, just that I have checked on all the visas before. Every year also I apply for the Lottery see if have luck. But even if you strike the Lottery visa, it still takes at least 1 year to be granted. That is where I am wondering why the company is hoping on the Lottery visa.

Good luck. Remember the past but always look forward.

Edit for grammar

This post has been edited by stormer.lyn: Mar 15 2024, 09:32 AM
sou12b810
post Mar 15 2024, 09:32 AM

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live in usa from 1983 to 2007 ...

best days of my life...


stormer.lyn
post Mar 15 2024, 10:14 AM

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I think I get it now. The H-1B visa is also granted on a random basis, so you are using "lottery" for this, while I am referring to the Diversity Visa as the lottery.

I read that H-1B is initiated by the employer, and is open now. You also need to register an applicant account, and work with the employer on this.
yehlai
post Mar 15 2024, 10:41 AM

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QUOTE(sou12b810 @ Mar 15 2024, 09:32 AM)
live in usa from 1983 to 2007 ...

best days of my life...
*
Why? Please share more
feynman
post Mar 15 2024, 11:29 AM

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QUOTE(jamalnsx @ Mar 15 2024, 06:19 AM)
I wish they have but no.
*
Then no choice, gotta work in penang for the L1 visa.

H1-B is not assured and subjected to caps
kons
post Mar 15 2024, 11:30 AM

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i got my h1b with the invitation letter for the perform training for the local staff there. i have some expertise which can be used over there.
stormer.lyn
post Mar 15 2024, 11:33 AM

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QUOTE(feynman @ Mar 15 2024, 11:29 AM)
Then no choice, gotta work in penang for the L1 visa.

H1-B is not assured and subjected to caps
*
I think this is the absolutely correct answer. Work in Penang, but also try tikam for the H-1B
feynman
post Mar 15 2024, 11:43 AM

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QUOTE(stormer.lyn @ Mar 15 2024, 11:33 AM)
I think this is the absolutely correct answer. Work in Penang, but also try tikam for the H-1B
*
There's a risk to that. 1 year is a long time in corporate timescales, business conditions can change very quickly, banks got brought down over the weekend.

You may be hired with the verbal promise or understanding that they will petition for your L1 visa upon fulfilling one year of service....guess what, when the time comes, the company could be acquired, a freeze in hiring, layoffs, delays in recruitment, reorg, divestiture, that director of yours left for something else....a lot of variables for one year, it may not happen at all

Also understand that you'll be getting a penang pay..........even if they gave you something in the teens, that's poverty level to super entry level pay in the US

you could insist on having this transfer in your employment contract though really, if it doesn't happen, will you have the resources to take this company to court, presumably in msia or the US?

If there's a way, best is still to be based out of Canada, be a contractor or something
stormer.lyn
post Mar 15 2024, 11:53 AM

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QUOTE(feynman @ Mar 15 2024, 11:43 AM)
There's a risk to that. 1 year is a long time in corporate timescales, business conditions can change very quickly, banks got brought down over the weekend.

You may be hired with the verbal promise or understanding that they will petition for your L1 visa upon fulfilling one year of service....guess what, when the time comes, the company could be acquired, a freeze in hiring, layoffs, delays in recruitment, reorg, divestiture, that director of yours left for something else....a lot of variables for one year, it may not happen at all

Also understand that you'll be getting a penang pay..........even if they gave you something in the teens, that's poverty level to super entry level pay in the US

you could insist on having this transfer in your employment contract though really, if it doesn't happen, will you have the resources to take this company to court, presumably in msia or the US?
But what other choice does TS have? (Assuming TS really wants to work in the USA) Ultimately all depends on the employer to do.
QUOTE
If there's a way, best is still to be based out of Canada, be a contractor or something
*
This is what I would choose, but TS questions are on the visa to go USA.
TSjamalnsx
post Mar 15 2024, 09:09 PM

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QUOTE(stormer.lyn @ Mar 15 2024, 10:14 AM)
I think I get it now. The H-1B visa is also granted on a random basis, so you are using "lottery" for this, while I am referring to the Diversity Visa as the lottery.

I read that H-1B is initiated by the employer, and is open now. You also need to register an applicant account, and work with the employer on this.
*
I have signed the offer letter from US HQ which my salary is in USD. So I got 2 employee number. Penang and US. My boss also said they will pay for the express/premium lottery whatever you call it.
But do I need to register an account also? I tried to ask the HR there but no answer on this.
I better ask again.

I have problem contacting the consultant because need to go through company's website but my company's email was not registered because they registered my account
based on my personal e-mail. And they e-mailed me to finished the questionnaire on Saturday morning which need to be finished on Monday! (USA time though).

Yeah I hope I can get to work in the US. Not really my dream because what is happening over there (woke, crime, drugs etc) but if I got the chance, why not?

This post has been edited by jamalnsx: Mar 15 2024, 09:10 PM
miuk
post Mar 16 2024, 02:33 AM

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I guess AMA, I was on the L1 visa from 2012 and then later on got my PR/Greencard.

Anyway based on what i hear from folks, the chances for H1B is about 1 in 3. Chances improve if you have a Masters in STEM.

So in your case, your immigration lawyer will fill in your petition based on the questionnaire that you filled in and submit on your behalf. You dont have to do anything. Once the lottery drawings are out, thats when its time to go the US embassy and then get the actual H1B visa in your passport if you get it via lottery.

Failing to get the H1b, it's actually a good back up plan to work in Penang for 1 year and then you qualify for the L1 visa. I assume your company has a Blanket Petition and that will make it much easier.

Typically its better to go via H1b vs L1-B, as it gives you options to switch jobs once in the US, the new company just takes over your sponsorship. With L1 you're stuck with the original sponsoring company. Now that said, they only advantage with L1 is that you can go into L1-A status and skip the PERM process when/if you apply for EB to get your PR, Resident Alien status.
TSjamalnsx
post Mar 16 2024, 05:45 AM

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QUOTE(feynman @ Mar 15 2024, 11:43 AM)
There's a risk to that. 1 year is a long time in corporate timescales, business conditions can change very quickly, banks got brought down over the weekend.

You may be hired with the verbal promise or understanding that they will petition for your L1 visa upon fulfilling one year of service....guess what, when the time comes, the company could be acquired, a freeze in hiring, layoffs, delays in recruitment, reorg, divestiture, that director of yours left for something else....a lot of variables for one year, it may not happen at all

Also understand that you'll be getting a penang pay..........even if they gave you something in the teens, that's poverty level to super entry level pay in the US

you could insist on having this transfer in your employment contract though really, if it doesn't happen, will you have the resources to take this company to court, presumably in msia or the US?

If there's a way, best is still to be based out of Canada, be a contractor or something
*
Yes I have Canadian work permit but useless because cannot any job. Too many immigrant there, local and international.
Local immigrant is escaping high cost of living in Vancouver and Toronto and coming to Calgary.
Now only left my wife studying there.

I have signed the offer letter from US HQ then the H1B process begin. I don't really want to go into court etc because I have good relation with my boss.
Probably can kawtim something else later if this isn't work out like becoming a contractor or something.

Actually I wanted to say I prefer to be a contractor than an employee because it's not easy to be one.
Once you're in, can get many business deal because in semiconductor or related industry they always need to upgrade the machines and facility to produce new products.
But he already convinced the upper management to create a position in the company for me so I just accepted his offer.

This post has been edited by jamalnsx: Mar 19 2024, 02:37 PM
miuk
post Apr 7 2024, 03:45 AM

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QUOTE(jamalnsx @ Mar 15 2024, 09:09 PM)
I have signed the offer letter from US HQ which my salary is in USD. So I got 2 employee number. Penang and US. My boss also said they will pay for the express/premium lottery whatever you call it.
But do I need to register an account also? I tried to ask the HR there but no answer on this.
I better ask again.

I have problem contacting the consultant because need to go through company's website but my company's email was not registered because they registered my account
based on my personal e-mail. And they e-mailed me to finished the questionnaire on Saturday morning which need to be finished on Monday! (USA time though).

Yeah I hope I can get to work in the US. Not really my dream because what is happening over there (woke, crime, drugs etc) but if I got the chance, why not?
*
Any luck with your H1B lottery?
MADReaLJL
post Apr 7 2024, 08:23 AM

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Dont rely on H1B. Go for L1. Concurrently you can wait for H1B if you got lucky.
TSjamalnsx
post Apr 8 2024, 12:02 AM

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QUOTE(miuk @ Apr 7 2024, 03:45 AM)
Any luck with your H1B lottery?
*
Bo luck. Just work for a year in Penang. But I will go to US this August for few weeks coz got project there.

This post has been edited by jamalnsx: Apr 8 2024, 12:05 AM

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