H1b and employment related doubts

[Shanuj]

Hi,

I am new to this site so forgive I miss any rules here.

I have recently completed an MBA in finance from US but couldn't find a job. I have 3 years IT exp. in India before coming to the US. I have one month left to update my university to keep my OPT alive for a year. I have joined one desi consultancy and got one JAVA project to start with.

I have not updated my university as they say the work must be related to your field of study. Here I have few questions to ask:

1. If I update my university with some technical designation say "programmer analyst" now and they accept. Will it be a problem for me to get the h1b done in 2013 with some technical job?

2. I am planning to get the first project through consultancy then will search some full time job in IT by my own. I heard that to get the h1b you must be on some company's payroll for long. If i switch a company say in January 2013 then will it make my chances of getting h1b less?

3. In case I couldn't find a full time job, can I trust desi consultancy whether they will file an h1b (sorry, i know its off topic but i have opt expire in june 2013 and I am little bit scared if consultancy give some excuse not to file an h1b. I have huge debt to pay back and couldn't afford to go back to India for 2-3 years). Let me know if you can suggest me the best way to get an h1b.

4. Lastly, due to some personal reasons I have to be in India for at least 2 months/year. I know it wont be possible with full time job here. But if i get the h1b through consultancy can i go and come back freely to US when i am on bench?

I am so confused with so many thing going on. Can you please help me to answer the questions. Thanks for all your help and time.

Regards,
Shanu

[Shanuj]

Can anyone help me with the answers? thanks.

[kabkaba]

Hi,

I am new to this site so forgive I miss any rules here.

I have recently completed an MBA in finance from US but couldn't find a job. I have 3 years IT exp. in India before coming to the US. I have one month left to update my university to keep my OPT alive for a year. I have joined one desi consultancy and got one JAVA project to start with.

I have not updated my university as they say the work must be related to your field of study. Here I have few questions to ask:

1. If I update my university with some technical designation say "programmer analyst" now and they accept. Will it be a problem for me to get the h1b done in 2013 with some technical job?

--- That would be illegal. You must work in your field of study only. If not caught now, it can come back and haunt you in future.

2. I am planning to get the first project through consultancy then will search some full time job in IT by my own. I heard that to get the h1b you must be on some company's payroll for long. If i switch a company say in January 2013 then will it make my chances of getting h1b less?

--- What you have heard is wrong. H1B can be filed for any qualified foreigner, even if he/she has not worked for the US employer at all. For successful change of status though, you must be maintaining your current status at the time of filing.

3. In case I couldn't find a full time job, can I trust desi consultancy whether they will file an h1b (sorry, i know its off topic but i have opt expire in june 2013 and I am little bit scared if consultancy give some excuse not to file an h1b. I have huge debt to pay back and couldn't afford to go back to India for 2-3 years). Let me know if you can suggest me the best way to get an h1b.

--- Find a real job, that is the best way to get an H1B. Consultancy is bound to face extra scrutiny in every step of their application.

4. Lastly, due to some personal reasons I have to be in India for at least 2 months/year. I know it wont be possible with full time job here. But if i get the h1b through consultancy can i go and come back freely to US when i am on bench?

--- There is no such thing as bench. When in H1 status your are always employed, must be working for the sponsoring employer and get paid as per LCA.

I am so confused with so many thing going on. Can you please help me to answer the questions. Thanks for all your help and time.

Regards,
Shanu

See above.