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Gaming the H-1B system for good
111–120 of 227 posts
Re: Gaming the H-1B system for good
#112I read through the article and I wouldn't refer to their approach as 'gaming' the H-1B system. People who are on H1-B tend not to leave their companies for 2 main reasons 1) They've entered into some agreements where they agree to pay the company some big penalty if they leave. This is clearly illegal but still happens. So, the employee knows he/she can do a job transfer but the penalty holds them back. Some of them…
This is the most thoughtful and well-reasoned comment in this entire thread. Would like to see Triplebyte respond to it.
Re: Gaming the H-1B system for good
#113Earlier quoted context omitted.
Although the per country limits hit India and Chinese born beneficiaries in employment based preference categories the worst, there is also a waiting list for Filipinos in employment based third and other workers. In the family based categories, Mexicans and Filipinos generally have the longest waits, with Mexican family first preference (i.e. unmarried children of US citizens) in December 1994 and Filipino fourth pr…
Right! There is one across-the-board solution that occurs to me, let's say, the US has an overall cap of 40,000 for employment based preference category, 2800 each are max caps for Indians and Chinese. Because of the 7% quota, I would expect at least some, let's say, M of the 40,000 are left unclaimed. So why can't they take M unfulfilled slots and redistribute that to clear the China/India backlog? You can think of…
On the current visa bulletin it lists a backlog for EB-3 all other chargeability. Because unused numbers flow from fourth and fifth to first to second to third (but not other workers which are capped), if there is a waiting list for EB-3 that means there likely won't be any extra numbers in the whole employment based category this year. Not a bad idea if there were though.
If it were up to me I would eliminate the DV lottery (50k visas) and reassign those numbers to EB as well as eliminating the per country caps. F-2B (26k) and F-4 (65k) are also ripe for elimination IMO. I'd probably also move parents of USC to F-1 from IR.
Re: Gaming the H-1B system for good
#114Earlier quoted context omitted.
I've transferred several times, and I've never been asked for more than 2 check stubs (i.e. 4 weeks). Also companies have to advertise your salary publicly (at least around the office) for H1B.
> Also companies have to advertise your salary publicly (at least around the office) for H1B. What, really? Sorry I don't really know anything about H1B but when you say advertise does this mean it needs to be on like a bulletin board or something? Or does this mean it simply needs to be available for anyone who asks? Also, why does it need to be public?
This is correct, it needs to be posted publicly around the office (both salary and job description). It's anonymized in that it does not have the name of the employee, but if you're one of the few around the office on an H1B ...
Re: Gaming the H-1B system for good
#115I transferred H1-B multiple times and here is my take on this: This can solve some problems but not all. Some things to think about: - For example, if you go work for outsourcing company that pays only when there is work to be done (this is illegal by the way) then as soon as you try to transfer visa, you will be kicked out of US and company will be in trouble. The reason for this is that when you transfer visa they…
It is not legal for the employee to bear the costs of the green card. Yes, there will be some coordination work with collecting documentation, medicals, etc. Triplebyte also seems mistaken about how the H1B transfer works: "If you're working on a H-1B at one of these outsourcing companies, apply to Triplebyte and we'll cover all the costs of transferring your H-1B." Or are just that many employees being ripped off?
>It is not legal for the employee to bear the costs of the green card.
Can you help clarify this? The three stages I'm aware of to obtain permanent residence in the United States are:
1) PERM (Department of Labour certification)
2) I-140
3) I-485
The PERM is (always?) undertaken and paid for by the employer. The I-140 is also sponsored by the employer, so should be paid by the employer. But the I-485 (the actual green card application) does not have to be paid by the employer. If you submit I-485 forms for your family members, those also do not need to be paid by the employer.
This is separate from attorney fees (if any) to obtain the I-485 for you or your family.
Disclaimer: IANAL, but I basically went through this process (minus the PERM).
Re: Gaming the H-1B system for good
#116Earlier quoted context omitted.
I've transferred several times, and I've never been asked for more than 2 check stubs (i.e. 4 weeks). Also companies have to advertise your salary publicly (at least around the office) for H1B.
> Also companies have to advertise your salary publicly (at least around the office) for H1B. What, really? Sorry I don't really know anything about H1B but when you say advertise does this mean it needs to be on like a bulletin board or something? Or does this mean it simply needs to be available for anyone who asks? Also, why does it need to be public?
Yep. Just enter the company name here: http://data.jobsintech.io/
Re: Gaming the H-1B system for good
#117This assumes that the H1B's filed by the outsourcing companies are engineers your startup would want to hire. Unfortunately thats not true, most good quality engineers are almost never employed by these outsourcing firms. The general nature of their work also is mostly maintenance based , and it tends to attract bottom of the barrel 'engineers' who often couldn't find any other job. I am skeptical whether any of thes…
I believe there're still some talented engineer in outsourcing company. There outsourcing team doing our code testing has couple pretty good people and we actually considered to hire them to work for us directly. But yes I agree most engineers in those company are not capable to do the work a hot startup is dealing with. In the end, the majority of talented and highly educated foreign engineers who probably has a top US college degree are still betting their career on a stupid lottery.
Re: Gaming the H-1B system for good
#118Earlier quoted context omitted.
> I think the notion that after working (and paying taxes) in the US for 6 years, a person has to wait another 10 years to reap the benefits of permanent residency simply because they were born in a particular country is morally indefensible. I came here on a student visa at 17, went on get a CS Masters and now live in SF on a H1B almost 10 years later. America is pretty much the only country I know how to navigate a…
If you can get a well-paying job you could move to Singapore, where English is an official language, India is much nearer, and the process from initial entry to permanent residency can be completed within three years (n.b. it is not guaranteed but you can reapply). And if you can navigate in America you'll not have a problem in Singapore.
The problem is that your kids (male) might have to undergo conscription. I know the situation is changing now, but that was a large deterrant behind a lot of my friends leaving Singapore.
Re: Gaming the H-1B system for good
#119I was working on H1-B for 6 years in the USA. The long wait time, and utter unpredictability of the Green Card system was insane. Being Indian didn't help either, as we are subjected to 12+ years of wait (EB3 quota). The stupid H4 laws made my highly qualified wife unable to work. Finally I kicked the plush job and American dreams and moved to Europe. My employer called me ungrateful and selfish for leaving after he…
A lot of people here a critical of the visa system because it drives wages down. This is an effect of employers having way too much leverage in the current system, the H1B being attached to your current employement. If you provide for equal rights between americans, permanent residents and non-immigrant workers, you cut that leverage out of employers' hands and empoyer non-immigrant workers to negociate market rate compensation. Work visas shouldn't be attached to current employement.
Switzerland, a country with 28% of foreign population, has a system where you can quit your job and claim unemployement benefits for at least 6 months before your work permit actually expires.
Re: Gaming the H-1B system for good
#120Good!