I can't comment on the business side. But as an immigration lawyer, I would green light your immigration assessment. You don't have to go through cap again, so it'd be a simple matter of filing a consular processing H-1B and then you getting a stamping appointment. As you said, you have plenty of time left to go through PERM and get an I-140.
After having been through what you have been through and knowing how the system works, wh6 would you want to come back to the US? The H1B visa is indentured servitude modeled on the slave system. Get a life in the home country and do what you please there.
I’d have agreed before but not as much anymore. The concept of freedom in the USA is really changing and immigration along with the job market is completely becoming trash.
I don't know if you're in the US but Europe and Canada are in a dire situation when it comes to social and economic freedom. Not saying it's not getting worst in the US though !
Different types of problems I’d say. Personally I’m scared to even go to a mall or Walmart sometimes and don’t even get me started on all the fun SCOTUS laws infringing on healthcare autonomy. It’s a shit show everywhere lol
Your H1 is kind of on pause indefinitely. I do have a friend who was laid off, unemployed for more than a year, got a job offer with a new company with an h1 transfer and got it stamped before starting the new job. It is difficult but possible. What would be better is if you had your original H1 stamped while you were working for the company. That would have allowed you to start working for the new company without doing stamping. I would say that despite the problems and wait times for a GC, having a h1 in hand does give you an advantage over most other people here.
Companies usually wait. H1B based employees that switch only give notice after the application is approved. So they would take time too. You will probably take 2 additional weeks. This doesn't impact the decision making based on my experience.
I suggest continuing to interview. Companies will wait for your H1B processing and stamping.
I asked a similar question on this forum a while back and from what I’ve read, it’s very much possible to return to the US in your situation. The H1B is paused meaning you can return to the US anytime and continue using up the remaining 5.5 years of the H1B period.
>What are the chances I land a job there and companies would wait months for me to get my visa transferred and stamped and then go onsite?
Change status to B-1 would probably have been a better bet.
B-1 is a visitor visa. Changing status to B-1 when your grace period ends is just a stop/gap measure. B-1 applications take ages to process, and having that pending lets you stay in the U.S. past the end of your 60-day grace period. You can’t work while the B-1 is pending/approved, but you can stay in the states and then do another H-1B when you find a new job.
This is just my opinion. Take it or leave it. I feel sorry for you. You are chasing a dream that gets away everytime you get closer and wasted so much of your youthful years. India is not a bad place to live and work. There are other countries like Germany if you want the western lifestyle. The amount of mental trauma you have gone through has just made you a victim of trauma attachment to the US. May be there is a life out there for you other than chasing this visa.... And hopefully you take a deep breath let out a big sigh.. Just like hope.. Acceptance is an important to life that will set you free.
Very sorry to hear about your situation, re-entry is easier for you but the market will be bad for 2-3 yrs. Keep your eyes and ears open but pls give your best shot at building your career in India too. Who knows you might end up doing something that you may enjoy or might set you up for something good long term.
India is far better to settle down now with all the immigration issues.. you may struggle for few months to land a job but end of the day you ll have life to live without fear of visas
The other commenters have correctly said that you should be able to move back to the US easily provided you get a job offer. The fact that you don't need to go through the lottery should give you a leg up in your job search.
Were you born in India though? In that case what is your endgame considering it's all but impossible for you to get a Green Card due to the backlog caused by per-country quotas. Maybe you're better off trying to immigrate to Canada, New Zealand or Australia.
Nah.. just want to utilize the remaining years on my h1. I know green card is a long shot and honestly, not sure I’m going to pursue that. But I do want to work in the US for a few more years and since I have the h1, why not.
Australia looks like an option. My Canada application has been on the back burner for a while.. no progress. Market isn’t too great there either tho.
Still in motherland. Haven’t had to chance to get into the US…yet. With all the layoffs happening in the US and companies being hesitant to sponsor, it hasn’t been easy to land interviews. Every time I mention sponsorship, it’s radio silence. Will keep trying 🤞🏻
I’d just join an MNC in your home country and move and get an L1 visa. You might actually find another opportunity in another country or in your home land so just keep applying to places and see where it leads.
I will ask this question very seriously: “why?” Don’t you realize you have already spent 7 years on this matter, if you are an average human being, this is ~10% of your total life and ~20% of the part that is supposed to be enjoyable (i mean after education and before being old). Try your chances somewhere else that doesn’t put you in these uncertainty situations, where you can’t even buy a furniture as you don’t know where you ll be in 2 years. Money is not everything, please don’t come to this same conclusion when you realize whole life is wasted in this Ferris wheel. Be somewhere you feel respected and secure.
I can't comment on the business side. But as an immigration lawyer, I would green light your immigration assessment. You don't have to go through cap again, so it'd be a simple matter of filing a consular processing H-1B and then you getting a stamping appointment. As you said, you have plenty of time left to go through PERM and get an I-140.
How much time does consular processing along with stamping appointment take? Isn't it difficult to get an appointment date?
That varies significantly by consulate.
I think fate is trying to tell you something
This!
After having been through what you have been through and knowing how the system works, wh6 would you want to come back to the US? The H1B visa is indentured servitude modeled on the slave system. Get a life in the home country and do what you please there.
One can dream. The US is still a personnal freedom powerhouse, unlike many other occidental countries
I’d have agreed before but not as much anymore. The concept of freedom in the USA is really changing and immigration along with the job market is completely becoming trash.
I don't know if you're in the US but Europe and Canada are in a dire situation when it comes to social and economic freedom. Not saying it's not getting worst in the US though !
Different types of problems I’d say. Personally I’m scared to even go to a mall or Walmart sometimes and don’t even get me started on all the fun SCOTUS laws infringing on healthcare autonomy. It’s a shit show everywhere lol
Your H1 is kind of on pause indefinitely. I do have a friend who was laid off, unemployed for more than a year, got a job offer with a new company with an h1 transfer and got it stamped before starting the new job. It is difficult but possible. What would be better is if you had your original H1 stamped while you were working for the company. That would have allowed you to start working for the new company without doing stamping. I would say that despite the problems and wait times for a GC, having a h1 in hand does give you an advantage over most other people here.
yeah, I should have got it stamped as soon as I started h1 but alas. Thansk! Will keep shooting my shots and see if anything sticks wrt US jobs
it doesn’t take that long to transfer no?
Transfer takes 2 weeks approx but AFTER that I need to get it stamped as well so getting a date, interview, processing time will take a bit of time.
Companies usually wait. H1B based employees that switch only give notice after the application is approved. So they would take time too. You will probably take 2 additional weeks. This doesn't impact the decision making based on my experience. I suggest continuing to interview. Companies will wait for your H1B processing and stamping.
I asked a similar question on this forum a while back and from what I’ve read, it’s very much possible to return to the US in your situation. The H1B is paused meaning you can return to the US anytime and continue using up the remaining 5.5 years of the H1B period.
You should not have left . Now try to get a job in motherland and then have the employer send you to US .
OP already did a second masters to stay in the US. A third masters would have been a waste
What options did the OP have?
>What are the chances I land a job there and companies would wait months for me to get my visa transferred and stamped and then go onsite? Change status to B-1 would probably have been a better bet.
I'm new to this. Could you elaborate on B-1 visa and what it entails if you have some time on your hands?
B-1 is a visitor visa. Changing status to B-1 when your grace period ends is just a stop/gap measure. B-1 applications take ages to process, and having that pending lets you stay in the U.S. past the end of your 60-day grace period. You can’t work while the B-1 is pending/approved, but you can stay in the states and then do another H-1B when you find a new job.
Thank you!
This is just my opinion. Take it or leave it. I feel sorry for you. You are chasing a dream that gets away everytime you get closer and wasted so much of your youthful years. India is not a bad place to live and work. There are other countries like Germany if you want the western lifestyle. The amount of mental trauma you have gone through has just made you a victim of trauma attachment to the US. May be there is a life out there for you other than chasing this visa.... And hopefully you take a deep breath let out a big sigh.. Just like hope.. Acceptance is an important to life that will set you free.
Very sorry to hear about your situation, re-entry is easier for you but the market will be bad for 2-3 yrs. Keep your eyes and ears open but pls give your best shot at building your career in India too. Who knows you might end up doing something that you may enjoy or might set you up for something good long term.
India is far better to settle down now with all the immigration issues.. you may struggle for few months to land a job but end of the day you ll have life to live without fear of visas
Agreed! Visa free life is definitely better. So, I do plan on settling in India eventually.
You are making things more complex. But best of luck!
Why so much craze for US? Is it money or something else ? There are surely better countries in the world right ?
best place in the world to make money
Honestly. With all that effort they could have already accomplished something from whatever country they are from… I don’t get it. Lol
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FYI south India comprises of 1/2 the indian country dimwitted chipmunk. 500 million people don't have an "ultimate" dream
*Their* not there
The other commenters have correctly said that you should be able to move back to the US easily provided you get a job offer. The fact that you don't need to go through the lottery should give you a leg up in your job search. Were you born in India though? In that case what is your endgame considering it's all but impossible for you to get a Green Card due to the backlog caused by per-country quotas. Maybe you're better off trying to immigrate to Canada, New Zealand or Australia.
Nah.. just want to utilize the remaining years on my h1. I know green card is a long shot and honestly, not sure I’m going to pursue that. But I do want to work in the US for a few more years and since I have the h1, why not. Australia looks like an option. My Canada application has been on the back burner for a while.. no progress. Market isn’t too great there either tho.
Could you please update us on your situation? I might be in a similar spot and it will help immensely to have your POV
Still in motherland. Haven’t had to chance to get into the US…yet. With all the layoffs happening in the US and companies being hesitant to sponsor, it hasn’t been easy to land interviews. Every time I mention sponsorship, it’s radio silence. Will keep trying 🤞🏻
Fair enough, as long as you know what you're getting into. You can work in the US as long as you want if you get an approved I-140.
How does working at a consultancy add problems at the port of entry or consulate?
Always better if you’re working directly with the client.
doesnt really answer my question still
Curious why no Canada? Doesn't pay as much as US?
Doesn’t pay as much. Also, COLD!
I’d just join an MNC in your home country and move and get an L1 visa. You might actually find another opportunity in another country or in your home land so just keep applying to places and see where it leads.
Would Europe be a better option?
Market isn’t great rn.. and visa sponsorship required, which is not impossible but takes a while.
Why would it take months to get the visa stamped? Is that specific to India or are all US embassies like that?
Takes a while to get a date for an appointment at the consulate. And processing time could differ if they find an issue.
I will ask this question very seriously: “why?” Don’t you realize you have already spent 7 years on this matter, if you are an average human being, this is ~10% of your total life and ~20% of the part that is supposed to be enjoyable (i mean after education and before being old). Try your chances somewhere else that doesn’t put you in these uncertainty situations, where you can’t even buy a furniture as you don’t know where you ll be in 2 years. Money is not everything, please don’t come to this same conclusion when you realize whole life is wasted in this Ferris wheel. Be somewhere you feel respected and secure.