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by eshvk 4883 days ago
> Firstly, to clarify the process. You can actually prepare the docs and apply anytime, its just that there is a quota of 65,000 (+ 20000 extra if you have a Masters degree), and its done on a first-come first-serve basis. For the past few years, the visas haven't run out until after October, so you can really apply anytime.

Minor nitpicks: 1) The 20,000 extra is if you have a U.S. Masters degree which OP may or may not have. 2) In 2012, the visas cap was reached, I think in june of 2012.

> 3) There is a lot of lore around this, with people saying that you have 10 days, or a month, or whatever to get out of the country. The thing you want to avoid is being "out of status". If you are out of status for 180 days, you might be kicked out of the country. Other than that, there are no hard-and-fast rules, and everybody knows it takes time to get a job. FWIW, I misunderstood some rules when starting CircleCi, and had to get a job quickly: I was able to get one in 5 days. If you're an engineer, there's a massive need for you in SF/SV, so you won't have any problem finding a job on a short schedule like that.

To offer a counterpoint: A bunch of people from my company got laid off recently. From what I understand from those that are also on an H1B, yes, finding any arbitrary job isn't hard but finding a good job takes time and effort. Now, the 180 days rule is a hard limit, another number which is usually tossed around is time between latest paycheck received from previous company and potential appearance of the next paycheck. The reasoning being that you would need a "latest paystub" whilst applying for the next H1B. Also, I believe people's paranoia is mainly because of issues that being out of status for a period of time might pose during the green card process. Now, rationally speaking, people would know it takes time to find a new job but then the details are the devil and a visa officer can screw you over if they want to.

1 comments

> finding any arbitrary job isn't hard but finding a good job takes time and effort.

True. If I found myself in this position, I would focus on getting any job first to protect my status, and then working on finding the right job. Which sucks for my new employer of course :(

> Now, the 180 days rule is a hard limit

Actually, it doesn't even come into play until they declare you out of status, and from there you have 180 days. But this is completely playing with fire. I would start to get worried after 30 days, personally.

> another number which is usually tossed around is time between latest paycheck received from previous company and potential appearance of the next paycheck

Totally. When you apply for a new H1B position, they ask for pay stubs from the old one to prove that you're "in status". If you have a good visa lawyer, they should be able to solve this for you. Always always use a good lawyer.

> Also, I believe people's paranoia is mainly because of issues that being out of status for a period of time might pose during the green card process. [...] the details are the devil and a visa officer can screw you over if they want to.

Very very true.