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Gaming the H-1B system for good

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Re: Gaming the H-1B system for good

#161

Post by NearAP »

chrisper wrote: post #155
FlyingSnake wrote: post #105

I 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…

Don't give up yet on the F1 - H1B route. The H1B issues can depend on when you graduate. 2 years before I graduated H1B visas were not in short supply. Students graduated and opted to go on OPT first before filing for H1B so they wouldn't have to pay social security tax. The year after that, H1B visa applications were so high they had to do a lottery. This lottery happened for the next 3 years. 2 years after I graduated, the no of H1B applicants dropped back to the normal level that no lottery was required (I read in the papers that lots of foreigners opted to go back home because of the H1B issues and the bad economy). H1B application pool remained at that level for a few years and then went up again last year or the year before that.

So in summary, H1B applicant pool can vary from year to year so don't cross it off your list yet

Re: Gaming the H-1B system for good

#162

Post by fredophile »

rezashirazian wrote: post #149
1024core wrote: post #138

I think it was mentioned before by someone else, but I'll just repeat it because it bears repeating: H-1B visas should not go by lottery, but by descending order of salary. At a high enough price, it's cheaper to hire an American... ;-)

this would be a good idea if it didn't corner the visa for tech companies in the valley that generally pay much higher wages. All briliant non-tech scientist would have no chance of getting the visa.

First, there are other categories a brilliant scientist could use. The O visas are set up for this type of person. Second, if brilliant, non-tech scientists aren't getting as high a wage as a code monkey then can you really say there is a shortage of non-tech scientists? One of the main justifications of the H1B program is that it fills a shortage. If there is a real talent shortage then wages should increase as the supply of available workers dwindles. Allocating visas based on wage is a rough attempt to identify the biggest shortages and fill them. It also helps address the criticism that H1B visas are used to drive down wages.

Re: Gaming the H-1B system for good

#163

Post by ojbyrne »

BinaryIdiot wrote: post #102
ojbyrne wrote: post #81

Earlier 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?

It has to be posted in 2 visible places in the place of work (typically a bulletin board). I believe the rationale behind this is to allow other employees to ask about applying for the job.

As people below mentioned, it is anonymized and typically shows the salary range and the job classification.

Re: Gaming the H-1B system for good

#164

Post by ap3 »

sytelus wrote: post #59

Whole H1B system is essentially modern form of slavery. I've seen people becoming multi-millionaires exploiting this slavery system. Companies in India have amassed massive revenues exploiting the same. The way it works is you put advertise in newspaper for minimum expected wage for tech worker. Then you buy a genius 3rd world tech worker and sell him/her to clients for approximately twice that rate. Then you put sig…

I was H1B and it was no slavery - and something totally optional that we willingly sign up for.

There is always the marriage fast track option :)

Re: Gaming the H-1B system for good

#165

Post by iampims »

NearAP wrote: post #161
chrisper wrote: post #155

Earlier quoted context omitted.

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…

Don't give up yet on the F1 - H1B route. The H1B issues can depend on when you graduate. 2 years before I graduated H1B visas were not in short supply. Students graduated and opted to go on OPT first before filing for H1B so they wouldn't have to pay social security tax. The year after that, H1B visa applications were so high they had to do a lottery. This lottery happened for the next 3 years. 2 years after I gradua…

Given the recent economic boom/bubble we're experiencing, chances of NOT being required to participate in the lottery are pretty low. Not zero, but pretty low.

Re: Gaming the H-1B system for good

#166

Post by ashwinaj »

ambrood wrote: post #159
ashwinaj wrote: post #141

Earlier quoted context omitted.

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.

If you have an approved H1B, you can take a year off by resigning. I don't know of any employer who would you give you a sabbatical; citizen or not. You can use your remaining H1B time with the same or any other employer. As I see it, this is the law of the land, take it or leave it; complaining is not an option IMO.

Also, I don't see how you can start something on your own (excluding freelancing) if you're taking considerable time off; maybe I'm wrong. You cannot just take time off when you feel like it, a competitor is most certainly going to eat your lunch.

To me, this is a lame argument that "if I get my gc I can start something on my own". Really? Totally anecdotal and bay area specific, but the ratio of recent gc holders starting a new venture (note: new venture, not an existing venture) to number of people getting their gc is tending to 0 (I'm exaggerating but it's a pretty low number). Chances are, this person has spent a lot of time in an established company waiting for his/her gc, bought a house (therefore enslaved by a mortgage), possibly have had kids, and lost most of the technical and any entrepreneurial skills required to compete in a cut throat environment. I do not see such a person taking a risk, even after getting a gc. Will expediting handing gc to applicants change this ratio? Who knows? It's a moot point.

Again, this is totally anecdotal, but I see a considerable difference between me (I work in a startup) vs a lot of my friends who don't. I'm not saying I'm superior than them; but I see that they just don't realize what's required to start/run a company. It's no piece of cake.

Re: Gaming the H-1B system for good

#167

Post by biggc »

xipho wrote: post #125
xbeta wrote: post #107

Earlier quoted context omitted.

That's BS. TN doesn't help Canadians with family. Also US CBP can always terminate your TN visa on the border if they "think" you are abusing. H-1B is safer for that reason.

Any visa can be terminated for any reason at the border, no difference there b/w TN and H-1B (IANAL).

Yup, after a few visits back home US immigration officers have asked me variations on if I was planning on returning to Canada. Regardless of my feelings or intent, the answer is "yes, I plan on returning", especially when a guard is explicitly trying to catch you with intent to immigrate.

Re: Gaming the H-1B system for good

#168

Post by chrisper »

NearAP wrote: post #161
chrisper wrote: post #155

Earlier quoted context omitted.

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…

Don't give up yet on the F1 - H1B route. The H1B issues can depend on when you graduate. 2 years before I graduated H1B visas were not in short supply. Students graduated and opted to go on OPT first before filing for H1B so they wouldn't have to pay social security tax. The year after that, H1B visa applications were so high they had to do a lottery. This lottery happened for the next 3 years. 2 years after I gradua…

Sounds good. I guess I can just try, since I will use OPT with STEM (maybe) anyway. Thanks!

Re: Gaming the H-1B system for good

#169

Post by chrisper »

dirkdk wrote: post #160
chrisper wrote: post #155

Earlier quoted context omitted.

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.

Is $80k on the upper level? I mean, not rich, but is it enough to live comfortably? I know in some countries you are making as an SE as much as the baker in the neighborhood bakery!

Re: Gaming the H-1B system for good

#170

Post by dimdimdim »

bsder wrote: post #158
harichinnan wrote: post #19

I 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 dr…

This will cause "labor abandonment" and put more pressure on the economy. Here is an example --- a company uses a worked for just 1-2 years, sponsors his green card and then fires him. Now if he cannot find a job then if he were on the previous H1B, then he will have to leave the US. However, now, he can stay without a job with no risk of removal, which means he is a liability to the country.
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