Tuesday, December 8, 2009
Disclaimer: I don't hold a law degree. Everything posted here is purely empirical.
Two years on H4 and two months on H1, I guess I've gained enough experience on the H4->H1 transition that I can pen down a book on all that. When I told a friend that I finally got all I needed for work, she said: "Congrats dear! Finally your struggle for work has ended". She's so right. Mine has been a struggle at every stage and I'm so glad things worked my way in the end.
There are some important points I wanted to share with other H4-ers, here's the story.
Assuming you're targetting the April 1st filing date, start your homework well in advance. By early Jan, may be. If you're not confident of getting a job, skip to step 2.
Step 1: Spend the month of January working on your resume and get yourself ready for the interviews. There are a bunch of job boards out there, and few lesser known ones that post the startup jobs (startuphire, startuply, vetureloop .coms). Apply aggressively even if your skillset matches just half of what is required.
Step 2: Find a good consulting company to file your H1B. Some useful websites:
The first one gives you the statistics of #visas a company got, rejections, etc.
The other two are the consultant review sites. Like all other reviews, there's no guarantee they're true. Read, if you care.
Like I always say, *always* try to get a "real" job. If and only if you fail to get one, should you approach a consulting comp.
Your H1B app is sent, receipt number issued, the endless wait begins. I got my approval in July. Felt as though I conquered the world. Actually, there was nothing so great about it. My husband "bought" me the visa by paying money to Company A, like the way parents buy Engineering seats in those private colleges for their desperate kids.
With the visa in hand, I set my foot with super-confidence in the job market hit by the greatest depression of all times. Like last year, I've been pretty lucky at landing a job. Two weeks of preparation, first interview call, first offer letter. It was such a smooth ride. All this was in the month of Sept. The company B applied my visa under premium processing. I then began counting days for the 1st of October. And then, this terrible thing happens. USCIS sends me a notice on Oct 3rd that my petition is rejected. One more time the USCIS, my biggest enemy for the last 1.5 years, curbed my enthusiasm.
To note: If you apply for change of status along with your H1B petition, and if it gets approved, you will be in H1 status from Oct 1st. Yes. Keep this in mind. And while on H1, its not advisable to stay at home without being on a payroll.
Here's the trouble: my status has changed to H1 because of company A, company B's app fails, I don't have a job with company A, it is already October, and the clock is ticking. I could travel outside the country and re-enter on my H4 stamp, but that would take me out of the H1 status. I was ready to do that, but without pay stubs it isn't as easy to re-enter on H4. I can't apply a brand new H1 from company B bcoz I'm already in H1 status, which leaves me with just one option - H1 transfer. For this, I'd need 1. my original I-797 and 2. paystubs from company A. Since company A is a pretty decent one, they were more than willing to release my 797. I'm pretty sure 95% of the consulting companies don't do that. Coming to paystubs, if you apply for H1 transfer within one month of H1B start date (usually Oct 1st), its highly likely that your transfer would be approved. In some cases, you might be issued a 797 with a clause stating that your H1 transfer would come into effect once you leave the country, and come back with a H1 stamp using the transfer I-797. We took the risk and applied without paystubs.
Okay, those are the facts. After much persuasion, I finally got company B to apply for the transfer before the end of the 30-day grace period. Oct 30th the new H1 petition got fedex-ed out and Nov 2nd became my first day at work. H1 portability rules allow you to work while your H1 transfer application is pending with the USCIS. You don't even need to wait for the receipt number. You can report to work as soon as the app is mailed out, like I did. I was happily going to office until I came to know that company A has filed for H1B withdrawal, since I'm not working for them. Hell scared I was, thinking the H1B transfer would get rejected, and I'll fall back to H4. But my lawyer said withdrawal would not have any effect.
The story isn't complete yet. There's yet another twist. I went to the SSN office with my I-94 from company A on Oct 28th. The SSA officer couldn't verify my H1 status, because the crappy USCIS server still hasn't updated my status (H4 to H1) on their system even after 28days of my H1 coming into effect. Damn! Had the verification been done, I would have got my SSN card in 2 weeks. I was told, it could take anywhere from 4-6 weeks before an SSN is issued. Good thing is, SSN is not mandatory in order to work. Bad thing is, your HR most likely would not run your payroll without the number. After a two week wait, I kept calling the SSN office week after week to find out if there are any updates. The reason for my anxiety was, since the SSN was applied with company A's documents, while I'm actually working for company B, I had this big fear that my SSN could be rejected. Their 1-800 number is totally useless. A wastage of cellphone minutes, and in the end you dont get any useful info. Contact the local field office where you applied for SSN and they should be able to help you.
That's it. November began. I did all I could, just had to wait till the issues are resolved. October was a real torture on my mind. November, I was in this anxious state as to what would happen to my H1B transfer, SSN application, etc. Given that ten things could go wrong, its hard to stay at peace. But December has been the time of my life! Barely a week into Dec, and I feel as though this is the happiest month ever! December 2nd I get the H1B approval notice, two days later, I get a letter in the mail that my SSN has been generated. The SSN card takes like 2 weeks to reach your mailbox. So, I went to the SSA office with the letter that I got, and the officer was kind enough to give me the number. After going through all this, I have a very important piece of advice - work for your consulting company for atleast 3 months before you plan on a H1 transfer. That way you'll have your pay stubs, and even the SSN in hand and the transfer process would be hassle-free.
End of story. I finally do this brain dump on the day I get something I haven't got in two point something years - a paycheck. Thank you, God!!! See, I endured all the tests you put me through :) I really want to celebrate the end of the ordeal. A Hawaiian holiday is what I really want, but since I'm just a month old in the office, vacation should be the last thing to ask for. Sigh! Good old "freak-out-at-home" aka h4 days. ;)
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