Ask HN: How should I apply for U.S. jobs as a non-resident?

My bad. Thx for info!

>> 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 )

If you're fresh out of college (even with an advanced degree, i.e. PhD) and don't have much in terms of industry experience, you might find that some employers are not willing to go to the effort of sponsoring you for a H1-B.

An alternative, short-term solution, is to apply for a J1 internship visa. If you are a student or if you graduated in the last 12 months, you are eligible to work as an intern for up to 12 months, after which you must return to your home country.

It's worth noting that you would have to work as an intern, so you might not get paid as much as a full employee, but it is possible to change your visa status at the end of your internship if your home country states that it doesn't require you to return.

This means that if a company isn't willing to sponsor you for a H1-B because you're unproven, you can do an internship for a trial period and if you make yourself indispensable, they might be more willing to sponsor you afterwards.

It's a bit of an ugly workaround, but in theory it works! (Disclaimer: I am not a lawyer, but this is an avenue I have been researching a lot recently and I believe that what I have said is true. Do your own research before committing to anything)

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.

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.