Alternatives to H1B

USA H1B Visa
1

Hello!
I have talked to the immigration lawyer today and he mentioned that there are several alternatives to the H1b process. I just wanted to share it and get your thoughts about the topic. I am skipping obvious ways like getting married here or going through Green Card lottery. So:

  1. F1 - > Green Card. He mentioned that employer can apply for the Green Card and completely skip the H1b process. Since this process takes more time, employers are less likely to take this way simply because once OPT ends, person needs to leave the country and wait to come back when process ends. What are your thoughts?
  2. H3 Trainee Visa. He mentioned that it is a good alternative that would let person stay some more time. This one sounds pretty appealing and I was wondering if it would not be a good idea to connect it with alternative 1 (OPT ends, change status to H3, apply for GC and be in US all that time).
  3. Asylum. For political/discrimination issues. I am originally from Poland and I do not believe that I would use that. Any thoughts?
  4. Military. 4 active years in U.S. military for foreigner speaking one of foreign qualifying languages gives citizenship.
2

H3 Trainee visa is a viable option, I am speaking from my personal experience. In my case I was on OPT and did not get selected in the H1B lottery; my boss and company were supportive and they filed for an H3 trainee visa for me; this is typically for 1 year, later we filed for H1B and I was selected in the lottery; just bear in mind that you might have to face an RFI if you provide insufficient proof of the proposed training (proof of facilities, syllabus, trainers etc). However, if your country qualifies for a GC lottery, why not use that option on the side? instead of skipping it altogether?

3

A very helpful post for the many folks who visit here. Thank you for caring

4

That’s awesome! Congratulations! My employer is considering doing the same thing to me. Can you please give a recommendation for a lawyer?

5

My employer has a legal team which deals with immigration related concerns. Sorry, I don’t have any recommendations. Please consult immigration lawyers and check if they have experience in filing H3. All the best to you.

6

Hi Rob! I have the same situation with you. I got the lottery this year and very nervous about what will happen. I am going to leave USA in May and till then it is my 16 th month in USA as H3. My 2years h3 will expire at Sep.
Have you successfully transfered to H1b? Did you leave the country?
Thank you very much!

7

Hi awaw, Yes I did undertake Visa Stamping in my home country after getting the H1B petition approved. In fact, my attorneys recommended that I get stamping done after approval. Also, I did not have any issues during stamping or at Port of entry. All the best!