A rockstar on my team didn't get lucky in the recent H1-B Lottery

Jobvite / Mgmt cstmrfirst
Jun 5 34 Comments

Hi guys, need some pointers here to help retain this rockstar on my team who wasn't lucky enough to get selected in the recent H1-B lottery. Some facts, so we keep discussion focused on answering the original question, i.e. what are some options this person has to continue to work for me? (Let's say the name of this person on my team is Jane doe)
1. Jane used all the years allowed to work on OPT.
2. Jane's spous's I-140 isn't approved.
3. Jane holds Indian Passport
4. Jane already has a Post graduation degree

My company said we are out of options. Jane thinks she can enroll in another Post graduate course and continue to work 40 hours/ week under CPT.

Questions I have:
1) Jane allowed to work 40 hours/ week on a CPT during a second Post Graduation degree?
2) if not does Jane have any other options?

Thank you!

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TOP 34 Comments
  • Microsoft pigfdtuj92
    Send Jane home!
    Jun 5 3
    • Twitch / Data select *
      But you heard op. she's a rock star. We need to keep her. We should send someone else home instead. Microsoft, can you volunteer plz?
      Jun 5
    • Amazon dune37
      Rock stars get O1 visas, not H-1B.
      Jun 5
    • Microsoft pigfdtuj92
      ^^ How can anyone dare to question a good-dooer's intent and grand standing is beyond me?! OP said it's a rockstar, it must be a rockstar. 😂 Home sweet home, Jane! 🖕
      Jun 6
  • CVS Health zzwJ42
    Are you sure you aren't this Jane person? 🤔
    Jun 5 3
    • She’s just ‚asking for a friend’ 😁
      Jun 5
    • CVS Health zzwJ42
      Lol, I wonder why people do that on forums like blind. If they are so scared of being identified, why bother to ask questions on a public forum 🙄
      Jun 5
    • CVS Health zzwJ42
      Or may be 'he' , changed the name and gender too 🤣
      Jun 5
  • New ewTc57
    1st day CPT is not recommended. I understand that she is out of options. If Jobvite has office outside of US, she can go there and transfer back to US.

    It is better to talk to a lawyer.
    Jun 5 1
    • Apple maybeAAPL
      This. Why are you asking blind and would you really trust any legal advice written here? Go ask an immigration lawyer.
      Jun 5
  • Twitter Oomnj
    Send her to London for a year and bring her back on L1?
    Jun 5 2
  • Amazon loong
    Op = jane
    Jun 5 0
  • Amazon / Product Dssx84
    Send her to Vancouver that's closer by. She can work remote from there
    Jun 5 1
    • New csed
      Working remote for the same job violates some laws I think? Safer to follow earlier answer and just let them move to a different team for a bit
      Jun 5
  • Amazon aVic08
    Send Jane to Canada and ask her to work from home 😁😁 She will be Happy, You will be Happy, USCIS will be happy and Don't forget Trump; he will be happy too.
    Jun 5 1
    • Microsoft widienw
      Don’t forget trump rofl 🤣
      Jun 5
  • Indeed *NDEED
    Guess you’ll have to marry her. Congratulations!🎉
    Jun 5 2
  • try O1?
    Jun 5 0
  • Rubrik PartyStick
    What is Jane’s TC?
    Jun 5 2
    • Amazon / Product Dssx84
      How is that relevant?
      Jun 5
    • Google rAnD0mNam3
      It is always relevant. This is blind.
      Jun 6
  • Amazon @rrr
    US is cracking down on first semester full time CPTs since it’s plainly abusing the study-visa allowances.
    Best bet: Jane could move to Canada under a sister team of yours and keep applying for H1b visas here. Amazon immigration team is very helpful in these matters.
    Jun 5 1
    • Jobvite / Mgmt cstmrfirst
      OP
      Is it easy to get a visa for Canada? How quickly she can get one?
      Jun 5
  • Day 1 CPT is against USCIS rules and even if Jane starts on day 1 CPT, high chances Jane gets RFE if janes H1B gets selected questioning jane about her "multiple practical training" at the same education level.
    Canada seems best bet and she can apply using Express Entry and should be about 6-9 months if planned properly.
    Jun 5 0
  • Amazon hmodigdrdf
    This sucks!! 😳
    Jun 5 0
  • Google verysundar
    **it's called graduation/undergrad not post grad. Post grad is PhD here.
    Jun 5 1
    • Jobvite / Mgmt cstmrfirst
      OP
      You need to fix it then!
      Jun 5
  • eBay explorerz
    Many companies send their resources to Canada who aren’t picked in H1B. If you have office/client there you can do that
    Jun 5 0
  • Console Connect dgjbcf
    I think there are too many unknowns to answer the questions.

    So they’re on OPT, but wasn’t lucky with H1B?

    Jane’s spouse is Indian too? What Jane’s spouse’s status? They filed for an green card I-140 or H1B I-140? If GC, how long has it been pending for? Did they file the I-485 concurrently?

    Which city if the office in?
    Jun 5 0
  • Her original plan should work. Sign up as a student with ITU in San Jose. Many of my friends did that.
    Jun 5 0

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