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H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

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Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#381

Earlier quoted context omitted.

That's the reason in my posts I always made a distinction between legitimate company vs shady consultants. Unless you do something nefarious (spying, stealing etc.) no legitimate company would go after someone. And thinking about it logically, the company has to spend a lot of resources to prove this in the first place. "Innocent until proven guilty"

I believe there are some legitimate companies that treat visa workers well (like the company I work for), but I'd still be a bit careful. You can join what you think is a legitimate company, and then they are sold to someone else. When I joined Sun Microsystems, it seemed like a solid company that would be around forever. Sold in 2010. > And thinking about it logically Oh no. My #1 advice to potential visa workers wo…

> Sun Microsystems, it seemed like a solid company that would be around forever. Sold in 2010

I don't understand, what's the issue when the company gets sold? What bearing does that have on your visa apart from the change of employer filing? If Oracle bought Sun (two legitimate companies), it would be a change of employer which is a straightforward process, or am I missing something?

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#382

Earlier quoted context omitted.

This pits new grads against people with many years of experience. If kids come to the US for their undergrad/masters/phd and want to work here, they're not going to be the highest paid people competing, but they might have more long term value and chance of truly integrating with the country.

That is correct. H1B is for highly skilled workers. If the new grad isn't the highest skilled worker, then the visa isn't for them.

What alternative is there for new grads?

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#383

Earlier quoted context omitted.

This pits new grads against people with many years of experience. If kids come to the US for their undergrad/masters/phd and want to work here, they're not going to be the highest paid people competing, but they might have more long term value and chance of truly integrating with the country.

I'm not sure there are enough people with many years of experience to fill the quota so I doubt new grads are going to miss out. Looking at [0] and a simple bit of JS, the bottom end of the 65k person cap is at line 281 at a salary of $100,442, which is on the low end for new grads at Google, Facebook etc. Plus, > If kids come to the US for their undergrad/masters/phd and want to work here I'm not sure of the details…

There's plenty of jobs out there that aren't at Google, Facebook, etc. Companies in lower cost of living areas aren't going to pay that much.

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#384

Earlier quoted context omitted.

I believe there are some legitimate companies that treat visa workers well (like the company I work for), but I'd still be a bit careful. You can join what you think is a legitimate company, and then they are sold to someone else. When I joined Sun Microsystems, it seemed like a solid company that would be around forever. Sold in 2010. > And thinking about it logically Oh no. My #1 advice to potential visa workers wo…

> Sun Microsystems, it seemed like a solid company that would be around forever. Sold in 2010 I don't understand, what's the issue when the company gets sold? What bearing does that have on your visa apart from the change of employer filing? If Oracle bought Sun (two legitimate companies), it would be a change of employer which is a straightforward process, or am I missing something?

Standard note: I'm not a lawyer...

You were making the point of choosing a legitimate company vs a shady company, as a way to mitigate risk. Which is a good idea. But it's also worth noting that -- especially in the tech industry -- a good company one day can be bought by a shady company the next. (Although I'm not saying Oracle is shady, I didn't stick around long enough to find out.)

Also, if a company doesn't purchase all assets and liabilities (happened to one company I know of last month), and instead acquires pieces, then it may not be a straightforward change of employer.

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#385
post #22

I wonder if the $100k would apply to academic H1B's too. If so, that's pretty much the end of those.

What is an "academic H1B?" Students get a F1 visa, people with real credentials get a J-1 or O-1 visa.

J-1's are issued for a maximum of 5 years per individual. Beyond that, universities can only hire postdocs etc under H-1B, because academic hires are exempt from the quotas. It's unlikely a postdoc-level position would qualify for an O-1.

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#386

Earlier quoted context omitted.

What you mean by you are a risk taker? You have no idea what you are comparing here. Will you risk your family getting deported due to a clerical error? Once H1B lose his job, he and his family has to leave the country in 15 days. Sell his house, pull kids out from school, etc. All this arises whenever H1B tries to change the job.

You are actually wrong about the 15 days. It's actually zero (0) days, according to USCIS: "There is no automatic 10-day or other grace period for terminated employees holding H-1B status, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States." See: https://www.uscis.gov/tools/ombudsman-liaison/practical-immi... However, if your I-94 is still valid, bei…

I want to make a correction about the time you have to switch jobs on an H-1B visa.

It's now officially 60 days, per new rules issued by DHS last year under Obama: https://www.uscis.gov/news/news-releases/uscis-publishes-fin...

Re: H-1B Visas: U.S. Lawmaker Re-Introduces Bill to Tighten Rules

#387

Earlier quoted context omitted.

You are actually wrong about the 15 days. It's actually zero (0) days, according to USCIS: "There is no automatic 10-day or other grace period for terminated employees holding H-1B status, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States." See: https://www.uscis.gov/tools/ombudsman-liaison/practical-immi... However, if your I-94 is still valid, bei…

I want to make a correction about the time you have to switch jobs on an H-1B visa. It's now officially 60 days, per new rules issued by DHS last year under Obama: https://www.uscis.gov/news/news-releases/uscis-publishes-fin...

The relevant paragraphs regarding this new 60-day grace period from the Federal Register:

"Under the final rule, DHS may also authorize a grace period of up to 60 days in the E-1, E-2, E-3, H-1B, H-1B1, L-1, and TN classifications during the period of petition validity (or other authorized validity period). See final 8 CFR 214.1(l)(2). In response to public comments, DHS is retaining this provision while adding the O-1 visa classification to the list of nonimmigrant classifications eligible for the 60-day grace period. To enhance job portability for these high-skilled nonimmigrants, this rule establishes a grace period for up to 60 consecutive days, or until the existing validity period ends, whichever is shorter, whenever employment ends for these individuals. The individual may not work during the grace period. An individual may benefit from the 60-day grace period multiple times during his or her total time in the United States; however, this grace period may only apply one time per authorized nonimmigrant validity period. DHS believes that limiting this grace period to one instance during each authorized validity period balances the interests of nonimmigrant flexibility with the need to prevent abuse of this provision.

This 60-day grace period further supports AC21's goals of providing improved certainty and stability to nonimmigrants who need to change jobs or employers. The 60-day grace period would provide needed flexibility to qualifying nonimmigrants who face termination of employment prior to the end of their petition validity periods. The grace period, for example, allows such nonimmigrants to remain in the United States without violating their status and potentially obtain new job offers from employers that seek to file new nonimmigrant petitions, and requests for an extension of stay, on their behalf. In such cases, even though prior employment may have terminated several weeks prior to the filing of the new petition, DHS may consider such an individual to have not violated his or her nonimmigrant status and allow that individual to extend his or her stay with a new petitioner, if otherwise eligible. If the new petition is granted, the individual may be eligible for an additional grace period of up to 60 days in connection with the new authorized validity period."

Finally, the final rule at 8 CFR 214.1(l)(3) makes clear that the nonimmigrant worker, during either a 10-day or 60-day grace period, may apply for and, if otherwise eligible, be granted an extension of stay or change of status. The beneficiary may also commence employment under H-1B portability per § 214.2(h)(2)(i)(H), discussed in some detail below, if otherwise eligible. To further effectuate the intended purpose of these provisions, DHS is also making clarifying edits to the regulatory text at § 214.1(l)(2), and (l)(3)."

Reference: It's in a Federal Register Document (Citation: 81 FR 82398), under Section G "Nonimmigrant Grace Periods", linked here: https://www.federalregister.gov/d/2016-27540/p-553

The document above states: "This final rule is effective January 17, 2017".

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