Job search for H1B while in America on Visa Waiver

[TrekProc]

Hi,

I have read many great posts with advice for obtaining a H1B-visa to the US. In many posts it is suggested that it helps to get the job sponsorship to actually come to the US and do the job search over there [instead of trying a distance search from abroad]. I have one question/concern regarding this. Maybe someone who has done this/knows about this can advise me.

Under the Visa Waiver program, citizens of some countries can stay in the US up to 3 months for tourism/business purposes without right to work. A person arriving under this program would be deported, if he/she would apply for another visa while in the US. My concern is about how a job search fits this arrangement. In the VisaWaiver - form that is handed to Immigration upon arrival, there is a question: "Are you seeking to work in the US?". So, the VisaWaiver - arrangement is purely for visit purposes. Does anybody here have any experiences/knowledge of anyone who has run into trouble in the US while conducting a job search for future H1B - purposes [e.g. attending job agency/other interviews] while being in the US under the VisaWaiver.

I guess a "yes" answer to the question on the form would bar entry to the US. On the other hand, the question only pertains to that particular stay for which the VisaWaiver is granted, and during that particular trip the person does not "seek to work in the US" in the sense that he/she would take up employment during that trip. He/she is only "looking for work" e.g. by attending interviews, with the intention of leaving before submitting the H1B - application and pending the outcome of the H1B - application, should anyone wish to employ him/her.

So, in short, has anybody here done a job search while under a VisaWaiver (or do you know anyone who has done it)? Did you experience any trouble with Immigration for this.

Thank you.

[Rachel_Heath]

Unfortunately I'm unsure if it would really help given that the current cap for H-1B visa's has already been reached and new applications will probably be for approval after October 2009 (the cap currently stands at 65,000 per year).

Many many companies advertise roles that are for citizens and permanent residents only because they want to move quickly and cannot afford to possible one year or more gap between offer and arrival.

To be honest you're probably going to have much the same luck staying at home and performing your initial search online.

I obtained my job whilst still in the UK in January 1997 but wasn't able to obtain my visa until late October that year (and I was sometime lucky at the time!).

[Bevdeforges]

I did the vacation/interview trip thing the other way around (i.e. looking for work in Europe) and didn't run into any problems. However, I have heard stories that claim that, should you be subject to a search of your bags on entry, they may give you a hard time if they find resumes, CVs or other evidence of "looking for work" in your luggage. Once you're through the entry process, you should be ok.

Practically speaking, it's probably the only way to find a job and it does work for lots of people. But then there was a really discouraging article in yesterday's NY Times about the hassle employers are having in getting any sort of visas for foreign employees - including executive level transfers.

Maybe things will lighten up a bit after the elections in November.
Cheers,
Bev

[ChungyUK]

I was just wondering how long does a H1B VISA last for?

[synthia]

I think that once you find a company to sponsor you, you would have to return to your home country and wait while they went through the process of getting you your visa. That could take quite a while. You wouldn't be allowed to convert or start work until all the paperwork was done.

In order for someone to sponsor you, they are going to have to want you badly enough that they are willing to go to the trouble and expense of getting you a visa and be able to hold the position for you. They will also have to provide some sort of evidence that they can't find an American citizen or someone with a green card to fill that job.

So if you are in a field where there is a shortage or you have some sort of unique skill or work background, your chances are better.