Kristian Kristensen’s Blog


H1-B Visa Cap Spend; Microsoft Corp. Job

Posted in MSP,Microsoft by Kristian Kristensen on the April 9th, 2007
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  • I’ve just read this article on ComputerWorld: H-1B visa cap reached in record time which basically says that the USCIS received over 150.000 applications for an H1-B visa allotment of 65.000. This amount was supposed to last for the entire fiscal year, but was all used up on the first day. Eric Sink blogs about his issues with the H1-B cap here. It also means that all applications will be rejected until next year when the new portion of H1-B’s are released
    Given my situation with the job from Microsoft in the US this is bitter sweet. If I weren’t quarantined because of the 2 year residency rule of my J1 Visa I would’ve had to apply for an H1-B visa. However, you can’t apply for such without your graduation papers. I don’t graduate until July meaning that I wouldn’t have been able to apply until this date. Meaning that I would’ve never been able to enter the US for October ’07. It’s amazing! I thought that the biggest difficulty would be getting the offer from Microsoft, not all kinds of bureacratic immigration rules. I thought wrong. So it is with a bitter sweet feeling I read that article.

    All in all there’s quite a lot of bitter sweetness involved in my Microsoft Job Adventure. I’s a bit like the chicken and egg problem: if I hadn’t gone to the US to study on the J1 Visa with the 2 year rule, I would’ve never gone to the job interview in Redmond, and hence would never have been offered a job. Furtheremore, had I been offered the job and not been subject to the 2 year rule, I would have been busted by the already spend H1-B Visa cap.

    Gives you something to ponder about…

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    19 Responses to 'H1-B Visa Cap Spend; Microsoft Corp. Job'

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    1. Thomas said,

      on April 9th, 2007 at 11:04 pm

      Yes, it’s not fair. I bet that >95% of the applications is coming from India.
      USCIS should put a quote on the H1-Bís. Just like the Green Card has.

    2. Thomas said,

      on April 10th, 2007 at 1:57 pm

      Maybe you could join Microsoft Denmark, and then they could send you to Redmond on a L1 Visa?


    3. on April 10th, 2007 at 2:45 pm

      That could be a plan, except that there are certain policies regarding getting an internal transfer. I don’t think I would fall under the group of people being allowed to do so. Good point however. Looking around on the net it seems that a lot of effort is being put into getting people to the US on other types of visa’s. Saw some mentioning of TN visa’s as well as going there on an F1 and doing Optional Practical Training (OPT) for a year. The latter would yield another problem however, because it would only last for a year.
      Basically it sucks :-)

    4. waiting forH1Bdraw said,

      on April 10th, 2007 at 3:05 pm

      Kristian – the rule is 12 months out of the previous 36 months employment with the international employer before you can go on an L1. If you have the possibilitiy do it, cause there is no cap on L1s. If you go for an OPT you still be subject to the H!B quota for the fiscal year 09.

      I am facing the agonising wait. And I am not in IT. So I feel it is a bit unfair because of bulk application from the IT industry I potentially can’t go.


    5. on April 10th, 2007 at 6:27 pm

      Yeah well, what I meant was an internal Microsoft policy, but you’re comments still puts that in perspective, coz you would still have to wait the 12 months.

      I hope you get your place in the H1B draw. It’s a very sad situation for everybody, and I truly hope that in some way or another it’ll be resolved.

      Thanks for the comment!

    6. waitingforH!Bdraw said,

      on April 16th, 2007 at 3:35 pm

      I just thought about my situation and sort of thought it could be a solution for yours. Now basic raw logic says (Random processing doesn’t work like that I know, but let’s just be simple for a mo’!) Microsoft will only get half the employees it applied for. This puts MS in sort of a difficult situation and they might be open for “creative” plans. My prosepctive employer says why not go to Bermuda for a year get L1 eligibility and then move to US. I am sure the guys in Redmond are open to discussions. I would think the key is to to talk to the US guys rather than your local folks. Just a thought. Lottery is over but no news. Can’t focus on work. Damn.


    7. on April 17th, 2007 at 1:38 pm

      Thanks for the heads up. Sounds like a creative plan ;-) I’ll try and see what I can do. Hope you succeed and get lucky in the draw.

    8. An Anxious Soul said,

      on May 12th, 2007 at 7:14 pm

      So what is your H1B situation now? Did you get a reply from the recruiter? I am eagerly awaiting my result.


    9. on May 15th, 2007 at 8:46 am

      I haven’t applied for a waive yet. I finally found out who to talk to to get the no objection statement: The Danish Embassy in Washington DC. What kind of job did you interview for?

      Best of luck :-)

    10. GB said,

      on May 16th, 2007 at 2:43 pm

      Hi

      I am too awaiting the outcome of the H1-B for a job at Microsoft. As of today (16th May) I still don’t know the result.

      Have you heard anything? My recruiter is telling me that they will know the outcome within the next week or so but I am skeptical.

    11. An Anxious Soul said,

      on May 17th, 2007 at 7:42 pm

      I was interviewed for the position of SDE

    12. hiwot said,

      on May 18th, 2007 at 8:28 am

      Hi every body!
      I have first interview at the A.P Moller Maersk group. I don’t know what is it about. If you have any idea, pls help me!

    13. Thomas said,

      on May 18th, 2007 at 7:17 pm

      Nine foreign-based companies that specialize in offshoring U.S. technology jobs received about 20,000 H-1B visas last year.

      http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9019458&intsrc=hm_list

    14. German said,

      on June 18th, 2007 at 10:58 am

      I have got a job from Microsoft this year, in March. I got a position in Boston in Virtualization team. However, the big problem with me is that I got my VISA rejected. I dont know what i will do now. Anyway, best of luck to all those who are awaiting their results.


    15. on June 18th, 2007 at 3:04 pm

      Damn. Sorry to hear that. What are your options then? Wait until next year, or?

      Best of luck!

    16. aFriend said,

      on June 21st, 2007 at 9:44 am

      Dude,
      A bunch of people in a situtation similar to yours : hired by mirosoft and screwed by the h1B, have formed a group at:
      http://groups.google.com/group/Microsofties2b

      also found this blog by one of them:
      http://awesomearpit.blogspot.com/

    17. Naveen Mehrotra said,

      on June 24th, 2007 at 3:06 pm

      Hi,
      Am interested in joining this group.
      Regards,
      Naveen

    18. German said,

      on June 26th, 2007 at 12:21 pm

      MS told me to hold on until they finalize what to do with me. So, I guess i can’t do much right now.

    19. sjohn said,

      on March 20th, 2008 at 1:27 pm

      Most of the H1 visa is from India. I am also from India. H1 was ment for people with expertise and with higher qualifications. Most of the Indians who get H1 visa, only has a BS. How is that a person with a BS from Overseas is better than with some from USA with a BS. Most of them create false work experienses in Overseas countries too. We all kow the game. I have worked in this field for a long time. Believe me we have MUCH , MUCH qualified people in the USA than from foreign countries. Only problem is the employers do not want to pay the current prevailing wages. So they hire cheap labor from overseas.

      If anything the US should cut back on the H1 limits.

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