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Comment by cletus | Hacker News Reader

Wow, I had no idea the H1B system reverted to a lottery at some point. I thought it was just a first-come first-served system. That just... sucks.

Just a note for those of you who are looking for foreign workers or if you're an Australian citizen: you can get an E3 visa (2 years, multiple entry, renewable ad infinitum). There is a cap for these too but AFAIK it's never been hit (in the 5+ year history). The E3 has two advantages over the H1B:

- there is no need to "prove" you can't find a domestic worker for your position; the only step required is the same LCA step H1B applications must do; and

- unlike on an H1B, spouses of those on an E3 visa are permitted to work (they get an E3D visa).

Also, you don't need to return to your country of origin (being Australia). You can do apply from Canada, the UK or wherever is most convenient (but you do need to leave the country to apply; you can't adjust status while in the US).

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> (but you do need to leave the country to apply; you can't adjust status while in the US).

That's actually not true[1]. You can change status to an E-3 from within the US by filing Form I-129.

[1] http://1.usa.gov/boasGi

Only if you don't intend to leave the country at all. Once you cross the border, even if it's a short weekend trip, you would have to apply for a new E-3 visa again.

This.

This can be a big deal. I changed from L1B to L1A to H1B (without leaving the country) then when I wanted to leave the country the legal advice that I received (IANAL - TIJAA[1]) was that to be safe I should return to my home country to get the new visa stamp, the Vancouver embassy might legitimately decide not to apply it - at which point I'd be stuck in Canada needing a plane ticket to the UK in a hurry and have the possibility of a multi-week wait for an appointment at the London embassy...

I waited on my green-card application to get to the point at which I could get an Advanced Parole[2] document and traveled on that instead, but this did mean: a) several years in which I couldn't travel outside the US; b) repeated lectures from border officials that the AP document was for "serious travel" only and that snowboarding trips to Whistler didn't count.

YMMV

[1] This Is Just An Anecdote [2] http://en.wikipedia.org/wiki/Advance_parole

For short trips of 30 days or less, to Canada, Mexico or adjacent islands excluding Cuba, it seems you can re-enter on your expired visa and your new I-94, once your extension of stay has been approved. 22CFR41.112(d)[1]. If it were me I would get a new visa though.

http://www.gpo.gov/fdsys/pkg/CFR-2010-title22-vol1/xml/CFR-2...

I changed jobs this way recently and it took ~6 months to receive a decision from USCIS.

Others have been done much quicker but I would be prepared to wait going this route, and also take USCIS's processing times with a grain of salt.

If the E-3 allowed for premium processing[1], portability[2] or the 240-day rule[3], I would try I-129 again otherwise I think I'll just apply for a new visa outside the US.

1: Pay an extra ~$1200 to hear back from USCIS in ~2 weeks.

2: Permission to start work for a new employer upon filing the I-129.

3: A 240 day grace period during which you may continue to work for your existing employer after your status expires.

The cap is only meant for new H1B applications. Those with already existing H1B visa or held a H1B visa in the past are exempt from this cap

You can also do something similar with TN visas with Canadians & Mexicans.

https://en.wikipedia.org/wiki/TN_status

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