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Legally, you cannot seek employment while you're in US (B1 Visa). Hell, you're not even supposed to work and be paid while in the US. You can be reimbursed for travel, accommodation, food, etc. You can work if you're work is in agreement while you were in your country (outside US) but came to US to talk to your client, blah blah.

Yes, April 1 is the day H1 Applications are officially opened for filing for worker coming in from October 1. However, with the recent lack of demands, blame the US economy and a much more strict Immigration rules, you're likely to be able to apply till end of year or even more. Last year's quota was available till late November if I can remember correctly (2010's quota was available till Feb of 2011).

But, do not wait for April 1, get your lawyer (or the company's lawyer) to start the paperworks and be ready before April 1. That way, you're likely to know the result earlier.

Of course, founders (executive roles) can look at L1 for a better alternative Visa than the H1.

Note: Your lawyer will also advised you to leave US soil before applying for your H1 else you're complicating yourself. Translation, you're soliciting yourself (being interviewed, meeting prospective employer) and that is not allowed.



Given that the H1B must be sponsored by an employer, how are you supposed to find one if you shouldn't "solicit", go to interviews, meet people ?

Is this a catch-22 ? Nobody ever got legally an H1B ?


One way would be to that the companies interview you in your countries. This usually happens with on-campus recruitment.

Other way is that you are on some other visa (other than B-1), that does allows you to solicit, give interviews, etc. For example at the end of F-1 study visa, you can go around and shop for some time to get a job, and the company will then sponsor for your H1B.


Actually, at the end of an F1 visa, provided that you got a degree, you can work under OPT for 12 months, with a possible 17 months extension if you're in STEM.

At the end of those (12+17) months you can seek H1B.




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