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by hippich 5439 days ago
To get first H-1b you need established company (once you are here you can change employers much easier). Most startups will not qualify due:

a) revenue - they have to have positive cash flow showing constant income allowing them to pay for your work (you have to be full time employed for H-1b visa). This can be proved by contracts and tax returns.

b) number of citizens/perm residents employees. I heard this and I bet this is not a law, but probably a rule - USCIS looks for 5 "local" employees per 1 foreigner.

c) Time between filling papers and getting into US will take at least 6 months. Add some preparation time for lawyer. Startups usually can't wait that long. This may be mitigated if you can work for this company remotely.

You can go my route - I obtained first visa with small company by working for them for 2 years remotely and then asking them to sponsor a visa. I paid all fees. Once got there I found better local job. H-1b visa can be transferred to another employer and this process takes only 2 weeks with premium ($1000) processing.

Another route - apply for a job in big corporation. These companies often have processes allowing them to wait 6 month and pay all associated fees if you are good enough. Again, this big company can be just first bridge to get there, 'cos right after you got there - it is much easier to get new/better job.

2 comments

Btw it's illegal to make an employee pay the USCIS H-1B visa fees (USCIS website clearly mentions that the visa fees strictly has to be borne by the employer). I'm surprised that small company made you pay the visa fees. Now if they made you pay only the legal fees for the immigration attorney, that might still be legal.
@c I believe the expedited service only takes two to three weeks, but I don't know how much other paperwork is involved that might add up to 6 months.
You are correct. But You can't start work before October 1st. Since application are being accepted from April 1st (and you'd better apply in first day) - there is 6 month gap.