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  1. #1
    Join Date
    Mar 2012
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    5

    Default Can You Enter on a H1 Visa Without Being Employed

    I was in USA on my F1 visa for 4 years from 2006 to 2010 graduated with MS degree, After about 6 months of my H1 approval, ie., obtaining the I129, I moved to my home country for family reasons & got married, thus never have a H1 stamping on my passport.
    Now I would like to re-enter USA along with my wife.

    Please suggest best possible way to do so:

    1. Should we both apply for F1 visa after we get an I20 for higher education (On entering USA as we find an employer who is ready to file H1. Is it possible to transfer F1 to H1 without completing the degree) ?
    2. My present I129 is still valid, can I appear directly to consulate to stamp the H1 visa, enter USA & find an employer for fresh H1 transfer & later get my wife on H2 visa?
    3. Any better option ?

    Please suggest !

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Enter on a H1 Visa Without Being Employed

    You cannot enter on an H1B visa if you are not employed. If you enter as a F1 student and find a qualified employer who hires you as an H1B worker, you can petition to change your status.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,289

    Default Re: Can You Enter on a H1 Visa Without Being Employed

    You do not need to be physically in the US to find an employer. If you enter on F-1s and do not enroll in classes, you will be reported to ICE so you better be prepared to pay all of the tuition and fees.

    You will be unable to obtain H-1B stamping without proof of employment.

  4. #4
    Join Date
    Mar 2012
    Posts
    5

    Default Re: Can You Enter on a H1 Visa Without Being Employed

    Dear Mr.Knowitall & T53147,

    Thank you for your valuable advice.
    So I reckon, the best way to enter with present situation is finding an employer to sponsor H1-B.
    I have couple of more questions:

    1. If I find an employer now, how long does it takes for USCIS to process the H1B petition ?

    2. Also, my present H1-B petition is valid until Sept2012., does the new petition will hold the same validity dates or will have 3 years from the date of approval ?

    Appreciate your upcoming response.

  5. #5
    Join Date
    Jan 2007
    Posts
    1,289

    Default Re: Can You Enter on a H1 Visa Without Being Employed

    There are two forms of processing; with the expedited fee payment, a decision can be made in 15 days. Otherwise, it is several months.

    The approval duration depends on the job offered.

    I certainly hope that it did not take you 4 years to obtain an MS if you entered with a BS.

  6. #6
    Join Date
    Mar 2012
    Posts
    5

    Default Re: Can You Enter on a H1 Visa Without Being Employed

    No, It didn't took 4 years for M.S degree, I have completed it in 2, though I was working for other 2 Years, first on OPT then on H1.

    Can you please suggest me few ways / websites I can find an employer who should be able to file my petition ?

  7. #7
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    Sep 2005
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    Default Re: Can You Enter on a H1 Visa Without Being Employed

    This is a legal forum. If you are interested in searching for a sponsoring employer, I expect that there are forums devoted to that end - but this isn't one of them.

  8. #8
    Join Date
    Jan 2007
    Posts
    1,289

    Default Re: Can You Enter on a H1 Visa Without Being Employed

    Since you have worked on H-1B, I am surprised by your original questions. You really need to read the USCIS information about your rights and responsibilities as a guest worker.

    If you cannot figure out how to obtain a job in the US after having lived and worked her, you are likely not going to be successful in your search. That is a very basic skill you should have mastered in your OPT job search. A US degree was never a guarantee of a US job.

  9. #9
    Join Date
    Mar 2012
    Posts
    5

    Default Re: Can You Enter on a H1 Visa Without Being Employed

    It's not about finding a job in US right now. As I'm outside USA when I apply for jobs, first of all I have very few response & to top it off employers prefer local candidates so they can have an onsite interview before hiring them.
    My best bet to enter USA, now being in India, is to find US based employers having presence in India, work for them & then transfer to USA.
    Also, you are right a US degree don't guarantee a job, but presence in US does increase your chances...

  10. #10
    Join Date
    Jan 2007
    Posts
    1,289

    Default Re: Can You Enter on a H1 Visa Without Being Employed

    He is overlooking the obvious - his former employer. If he left voluntarily, he should consider seeking another position with him. He already has a track record.

    Certainly, employers do - and should prefer - local candidates. Why should someone now working in his home country expect an employer to displace a local worker just to spend more to import a guest worker. The original intent of the law was for guest workers to be hired for jobs employers have been unable to fill. At one time that had to be demonstrated to be the case.

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