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by nandemo 5439 days ago
I don't know from experience, but since I've considered doing the same I'll write down what I know.

Assuming you aren't a Canadian citizen, the usual way is to apply for several companies who are willing to sponsor a H-1B visa and get an offer from one of them. Until a few years ago the number of applicants used to be way over the H-1B visa cap, so you had to go thru a lottery even if your application was OK. This was the number one reason I never even applied.

http://www.workpermit.com/us/us_h1b.htm

But recently the number of applicants has sharply decreased and is below the cap, so if you get the offer and pass all the requirements (have a college degree, etc) you should be able to get it.

One problem with H-1B is that if you lose or quit your job you have to get another job within 30 days. Personally I'd avoid early-stage startups because of that rule: I wouldn't want to be in a position to find a job that quickly.

Another possible problem is that your spouse can get a visa but cannot work (until you both get a green card, which might take a long time).

You should check out the websites of companies you'd like to work for and see if they do the H-1B thing. Also, check the list of top visa sponsors:

http://www.myvisajobs.com/Reports/Top-Visa-Sponsor-2011.aspx

I hope this helps.

4 comments

>> you have to get another job within 30 days. <<

I don't think you get any days at all, you have to get the visa approved for transfer BEFORE you quit your existing job otherwise you're out of status. I strongly recommend anybody planning to do this to check with a lawyer. According to what I found on the net (I am not a lawyer):

  Under current law, H1B visa has no stipulated grace
  period in the event the employer-employee relationship
  ceases to exist.
(from http://en.wikipedia.org/wiki/H-1B_visa )

  the applicant becomes out of status when the applicant
  loses his or her job. The laid off H-1B worker will be
  considered out of status even though he has valid H-1B 
  visa in his passport or valid I-94 card."
(from http://faq.visapro.com/H1B-Visa-FAQ12.asp )
This is law. But in practice if you will get new job in reasonable time - you should be ok. But of course - this is grey area and you'd better secure new job before leaving old one.
Thanks for the correction.
From what I've been able to gather:

* there is no lottery. If you apply after the cap has been reached you're out of luck (not sure about edge cases).

* if you were to apply right now, you would be able to start working no earlier than October 1st. After that you could start within a few weeks of application if your employer pays for expedited service. But you don't want to apply much later than autumn either; last year the cap was reached in January: http://1.usa.gov/H1Bcap11 The current batch is at 1/3rd: http://1.usa.gov/H1Bcap

* I've heard people say the market is more "hot", because of the potential bubble, which may mean they run out faster this year. On the other hand I've stats that say total investment is the same as last year, it's just more concentrated.

>>Another possible problem is that your spouse can get a visa but cannot work (until you both get a green card, which might take a long time).<<

Your spouse qualifies for H4, a dependent visa, based on your H1 visa. However, they can find sponsors for their own H1.

How is it different for Canadians?
Canadians and Mexicans can apply for a NAFTA Work Visa (TN) that is simpler to get. You can apply for 1 to 3 years and you only need a letter from the employer validating that you have been accepted to work in a US company.
You also need to have some documents proving that you are qualified for the role. This includes diplomas, license, university transcripts, and a resume with relevant work experience.
Are specific parts of the transcript such as GPA or individual course grades of any importance, or is the completion of a degree + relevant courses in your specific field enough?
They generally ask for the full academic transcript (which has grades in it). Btw do not be worried if you don't have stellar grades/GPA - USCIS doesn't care about that. Your immigration lawyers just need to make a case that your education plus work exp (if any) is relevant to the job the company is hiring for.
Canadians can typically apply for a TN classification, which is easier and cheaper to get.