I practice immigration law and work with startups. I think that this is an excellent idea/model. My only concern is that the startup/employer not seek reimbursement from the employee for any of the costs associated with the H-1B process (filing fees and legal fees), including the fee (equal to 25% of the employee’s first year salary) paid to TripleByte by the startup/employer. This is prohibited. The main point of the thread, however, from my standpoint is that startups should not shy away from hiring employees who are in H-1B status simply because they are startups. While USCIS might question the operations and finances of the startup, almost always these concerns/questions can be overcome.
Gaming the H-1B system for good
151–160 of 227 posts
Re: Gaming the H-1B system for good
#152Earlier quoted context omitted.
> 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 When phrased that way, sure it feels that way. But it's not because you are born in a specific country, it's because your country of origin has a lot of people who are attempting to immigrate to the US, and each country is capped. Imagine…
> Imagine if they lifted that policy, then countries like Mexico, India, China would lock out pretty much any other country from immigrating to the US. Add in the Amnesty program for undocumented workers, and you could imagine that nearest neighbors to the US would lock everyone else out. You are assuming that they will lock-out without supporting with real data. Already 30% of H1Bs are taken by Indians, and a good p…
If I understood your original point correctly, it was that having country-limits for US residency was morally questionable, and tantamount to jim-crow era laws against Blacks in America.
Presumably because if you are an guest worker in the US, and of Indian citizenship, you would have a longer wait time, than if you were say from Bhutan. I classify this as a penalization by proxy.
I pointed out that if you lifted the per-country cap, you haven't solved this penalization by proxy. Even with caps based on world population, you still have a penalty applied.
Re: Gaming the H-1B system for good
#153Earlier quoted context omitted.
> 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 When phrased that way, sure it feels that way. But it's not because you are born in a specific country, it's because your country of origin has a lot of people who are attempting to immigrate to the US, and each country is capped. Imagine…
Both India and China have a lot of diversity and are home to 40% of humanity. A fairer immigration system WOULD see a lot more Indians and Chinese. If this is defensible, then racial quotas in schools (e.g., capping proportion of Jews) are also defensible by using the same logic as "you're now penalizing everyone else." I'd rather have US as the home of the best and the brightest, not based on whether your parents we…
> Both India and China have a lot of diversity and are home to 40% of humanity. A fairer immigration system WOULD see a lot more Indians and Chinese.
However, you've then penalized someone born in in Mongolia, simply because they come from a less populous country, vs the opposite that is happening now.
I'm not claiming there is a moral argument to be made: the way the US residency program is implemented is neither moral or immoral.
> I'd rather have US as the home of the best and the brightest, not based on whether your parents were born in Mongolia or 100 miles away in Inner Mongolia that happens to be in China.
How do you qualify "best" & "brightest?" I'm a 1st generation US Citizen (of Indian decent). Both my parents immigrated here. My dad was drafted for Vietnam and then continued to serve in the US Army for 20 years, and my mom was a lunch lady. My parents don't have CS degrees, and instead worked blue collar jobs to make sure we could have a better life than they did.
Re: Gaming the H-1B system for good
#154I 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…
To those people who want to keep immigrants out of the USA-- unless you're pure blood native american you're an immigrant.
Plus, what gives any people- including the government- the right to interfere with Freedom of Association.
Like Gay Marriage, the right to hire whome you want is an exercise of this basic right.
Alas, there wasn't an amendment to the Bill of Rights (though there doesn't need to be, read the preamble) to support freedom of association, and so this right has been eroded over time.
Immigration restrictions are government interfering with the economy, and in a bad way.
All immigrants benefit a country (unless you have a rickety socialist country in which case some of them may tax the welfare system-- but if its not rickety the ones who come to work will pay for the ones who don't.)
Re: Gaming the H-1B system for good
#155I 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…
Hi!
I am currently on a student visa in the U.S. and was considering trying the H-1B route. However, since it is so tiresome and it literally can make you waste years of your life, I was thinking to not even bother. When I was doing research, most people say that the US is the best place to be at as a SE. This makes it sound like if you are doomed everywhere else. I am happy to see that you seem to be a counterexample to this. If you don't mind me asking, how "bad" is it really to be in Europe instead of US as a SE? Which country do you live in? People say pay is so much lower in Europe, but does it really affect you that much?
Thanks!
Re: Gaming the H-1B system for good
#156I 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…
And Europe life isn't bad either. I'm glad it works out for you. I'm considering similar option, maybe we should chat? :-)
Are you currently in the U.S.?
Re: Gaming the H-1B system for good
#157Earlier 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.
Well I'm aware there are many other countries I could move to and to be honest India isn't such a bad place either. But its about more than opportunities, most of the people I care about, all my friends happen to live here in America.
Re: Gaming the H-1B system for good
#158I was on H1B with a true blue American startup. They developed cold feet when it came closer to sponsoring Green Cards. To start with GC wage levels are much higher than H1B levels. Also close to 15K+ needs to be spent for processing+ years of patient follow up to USCIS queries/denials and surprise site inspections. The new fangled startups won't have the long term strategy/planning to get me a green card. I had much…
> To start with GC wage levels are much higher than H1B levels.
And that exactly defines the problem and why US citizens, in general, hate the H1-B program.
The solution to the H1-B program is to transition H1-B's to green cards in 12 months. The company sponsoring the H1-B is responsible executing the paperwork, background checks, and posting a bond to fund the spot checks, investigations, etc.
H1-B sponsors will drop through the floor. However, companies that genuinely want the specific person will continue to be just fine.
Re: Gaming the H-1B system for good
#159Earlier 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…
Well you can change jobs if you have an I140 approved. I've been in the US for 10 years and I honestly don't care about getting a gc. The I140 from my previous employer allows me to get 3 year extensions on my H1B. The downside is that your new employer has to restart the gc process again, which is fine since I get to work on things that I'm interested in rather than getting stuck in the same job for years on end.
But what if you want to take a year off? Or just some time off inbetween jobs to travel? AFAIK you need to stay employed with a sponsoring employer all the while. Plus it definitely makes you risk averse as far as doing your thing is concerned.
Re: Gaming the H-1B system for good
#160I 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…
Hi! I am currently on a student visa in the U.S. and was considering trying the H-1B route. However, since it is so tiresome and it literally can make you waste years of your life, I was thinking to not even bother. When I was doing research, most people say that the US is the best place to be at as a SE. This makes it sound like if you are doomed everywhere else. I am happy to see that you seem to be a counterexampl…
Europe is not that bad. Yes it is nice to earn $120k in Silicon Valley, but life is extremely expensive with $3500/m rent for a 1br apt. Get a job in my home town Amsterdam, earn $80k and spend only $1000 on an apartment. Uber moved its mobile engineering team there for a reason.
In general, the entrepreneurial scene is much smaller, but if you want to concentrate on SE Europe is fine.