H-1B Forum

[Anonymous User]

As the 2020 H-1B lottery results rolling out, how are firms dealing with associates who did not get selected? Wanted to get a grasp of the lay of the land before starting to negotiate with my firm...

Thank you! Hope everyone is staying safe out there.

[Anonymous User]

Hi, I went through the process two years ago. If your firm has an office in your home country, it doesn't hurt to ask HR if the firm has a general policy. If your HR says dont know/doesnt have a policy/not sure what to do, I wouldnt escalate the question to the upper chain until you know for sure you are not selected. My petition was not selected until May; so it's too early to tell. If you know for sure your petition is not selected, I would then talk to the firm. I would go to a partner who you trust and have some sway in your group; usually, there is a "personnel"/"associate management" partner in each group. Then, based on what your partner says, you can go to HR, etc. These things are way much easier when a partner is aware of such concerns.
I know a couple of British firms in my year also transferred their associates to London when the H-1bs didnt pick up for them. That is definitely the exception, and with the current economy, I am not positive that it's still an option.

[Anonymous User]

Also very curious what firms’ reactions are

[Anonymous User]

Haven't heard back from the firm...

[bigadi99]

Asked a friend and he said: If you are not selected, do not worry. Your firm will apply again next year. If they are willing to apply again next year, they will be happy to transfer you to another jurisdiction if that does not work out. I would not speak of this until Jan next year. For now, you just go along with opt. Good luck!

[Anonymous User]

As the 2020 H-1B lottery results rolling out, how are firms dealing with associates who did not get selected? Wanted to get a grasp of the lay of the land before starting to negotiate with my firm...

Thank you! Hope everyone is staying safe out there.

First, best of luck with the process. The odds are are a in the 35%-40% range for individuals with advanced degrees. I hope it works out for you, but in case it does not I recommend asking your firm's HR/Partners if they are willing to transfer you to a different office (in a different country) for a year and bring you back in a year as a L1 transfer.

There are a few other options you can avail in the worst case scenario. Talk to an attorney regarding whether you qualify for the E-3 category for self petitioned green cards (its an expensive and time consuming process, but its worth a try). In addition, what practice group are you in? If you are in M&A, Corporate, or Tax or you want to pursue those practice groups, you could do a 1 year Tax LLM and pursue the OPT followed by H1B lottery again! Hope this helps!

[Anonymous User]

Only after you graduate will JD counts as advanced degree

[Anonymous User]

Only after you graduate will JD counts as advanced degree

They changed the process this year. If you are set to receive your JD before June 30th you would qualify for the masters cap pool. Still low chance of getting selected though.

[Anonymous User]

Only after you graduate will JD counts as advanced degree

They changed the process this year. If you are set to receive your JD before June 30th you would qualify for the masters cap pool. Still low chance of getting selected though.

A JD has and will always qualify for the masters cap pool as long as your law school is the following:

1. U.S. based
2. A public or non-profit institution
3. Accredited by a nationally recognized agency

The fact that the degree itself is or is not titled as a master's degree is, by itself, not dispositive. Accordingly, while a JD is likely not equivalent to a Ph.D. (though the ABA thinks it is), it would be considered to be equivalent to a master's degree if not higher.

The changes in the process this year allow the masters cap pool two bites at the apple. It gives you the chance to be selected in the masters cap lottery first. If your registration is not selected, then it will be re-entered into the regular lottery for a second selection. Yes, the probability is not super high regardless, but it is higher than the general pool. Best of luck OP!

[Anonymous User]

Only after you graduate will JD counts as advanced degree

They changed the process this year. If you are set to receive your JD before June 30th you would qualify for the masters cap pool. Still low chance of getting selected though.

Wow, is this true? Seems like a huge change to me, if students would qualify for the masters cap pool as 3L.

[Anonymous User]

Only after you graduate will JD counts as advanced degree

They changed the process this year. If you are set to receive your JD before June 30th you would qualify for the masters cap pool. Still low chance of getting selected though.

Wow, is this true? Seems like a huge change to me, if students would qualify for the masters cap pool as 3L.

Yup, my firm sent out an email to all the H-1B applicants and informed us about the change. Since the lottery was conducted in late March, selected applicants can wait until June 30th to send their application to USCIS. Most law school grads receive their degrees sometime in June and can send their application right after.

I unfortunately didn't get selected this year. I have another try next year though. My firm's (big4) immigration team informed us that they can transfer us to another office in a different country and we can return after a year on an L-1 visa.