Curious case of H1-B

My sister is a graduate student on F1 visa and she will graduate in June 2020. She got a job offer in December 2019 in a small semiconductor Company A and the Company A filed for her H1-B this year itself. Today, she got selected in the H1-B lottery. On the other hand, she got an offer from Apple in the meantime. Can she go directly to Apple and not join Company A even for a day and still retain H1-B lottery call?

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yvgq72 Mar 30, 2020

If she wants to work on H1B and If Apple didn’t file a H1B for her, then I don’t think it’s possible. I think she has to work for the first employer until she gets three paystubs and then apply for a transfer. I am happy to be proven wrong though.

Standard Chartered Bank fLfx65 OP Mar 30, 2020

I see.. let's see what do other peeps have yo say on this.

Apple Moscow7 Apr 4, 2020

+1 on above

Amazon nmlbsft Mar 30, 2020

She can join Apple on the OPT itself and then can try to get the H1 transferred to Apple provided the current employer doesn't cancel the application

Nokia carpediem2 Mar 30, 2020

Hard to understand what you mean. She wouldn't be able to start on H1B until October, how would she be able to join Apple and retain the H1B?

Hitachi Vantara vataran Apr 5, 2020

She can join on OPT. The post is pretty clear

Nokia carpediem2 Mar 30, 2020

Also this really really sucks. Have a friend facing exactly the same situation. I understand that Apple would prolly be the best offer she could've asked for. The trouble is that Apple wouldn't delay joining so she could switch. Is she willing to forego the H1B and take the Apple offer and try next year? Idk if she should do that though.

Standard Chartered Bank fLfx65 OP Mar 30, 2020

That would be the biggest trade off to decide. So difficult. Who knows what the three random draws entail for her..

Nokia carpediem2 Mar 30, 2020

Exactly that's the trade off and its not an easy one.

Twilio lQaC61 Mar 30, 2020

She has to wait. H1B officially starts on October 1st and can only transfer after that. Remember as of now premium processing is suspended and might remain so until end of the year due to covid

Nokia carpediem2 Mar 30, 2020

Good point. Even a transfer is going to be painfully long.

Standard Chartered Bank fLfx65 OP Mar 30, 2020

Fair point

Microsoft serverful Mar 30, 2020

Take the H1B. Getting into Apple easier than getting H1B

Nokia carpediem2 Mar 30, 2020

I've found even getting a call from Apple to be super hard. My bad though, never got a referral.

Microsoft serverful Mar 30, 2020

TBH Getting an offer from any company is easier than getting an H1B.

Insight Data Science ghtb35 Mar 31, 2020

Not if you are a new grad with < 1 YOE

Insight Data Science ghtb35 Mar 31, 2020

Isn’t she going to get 3 more H1B chances? I think it’s better to join a big company like Apple now given the current situation when lay-off can happen at any time

Standard Chartered Bank fLfx65 OP Mar 31, 2020

Yes - she does have 3 more chances.

Visa kingyolo Mar 31, 2020

Tough call but I would take h1b if being in America is super important. Otherwise take Apple and they'll help you out even if you don't get h1b after 3 chances.

Nokia carpediem2 Mar 31, 2020

Make this a poll.

Google punjabi22 Mar 31, 2020

H1b is more important. I didn't get selected in lottery twice. You would want to avoid that mental trouble. Take h1b. You can always change jobs post November. A bird in hand is better than 2 in the bush

Standard Chartered Bank fLfx65 OP Mar 31, 2020

Thanks I appreciate the advice. By the way, taking cues from your case, how many companies are there who take care of OPT peeps after 3 failed lottery attempts? Did Google offer you something like that? Like a Canada transfer for a year or two and then apply for L1 etc. I'm gonna post this on a new thread as well - but just want to hear you out.

Uber pMqI24 Apr 11, 2020

Just take the H1. The chances are getting smaller with $10 lottery. Not a lot of companies will take care of you after 3 failed attempts. It all comes down to org/team.