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H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

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Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#131

Post by dudul »

paxys wrote: post #128
dudul wrote: post #117

Earlier quoted context omitted.

Isn't it only true for applicants from India and China? As far as I know (and I may be mistaken, this is just what my immigration lawyer told me a while ago) for all other countries it's not that bad, rarely passed a few years.

India, China, Mexico, Philippines and a few others. But the vast majority of the applicants are from these countries.

But that's because there is a per-country yearly cap. I just think it may not be wise to make blanket statements like "it takes 22 years to get a GC!" while this is only true for half a dozen of nationalities.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#132

Post by 420codebro »

conanbatt wrote: post #82
Uhhrrr wrote: post #77

Earlier quoted context omitted.

This is why H1B's should be auctioned, to kill the body shops which are gaming the current lottery system.

Or eliminate the cap altogether and never talk about this problem ever again.

Lol go back to India bro.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#133

Post by leovander »

dudul wrote: post #116
nraynaud wrote: post #104

Earlier quoted context omitted.

There is no immigrant visa for work as far as I know. There is no immigrant visa even to get married.

Why would you need an immigrant visa to get married? As soon as you're married you're supposed to apply for a green card. Green cards through marriage are prioritized, not capped and all.

After a year since we married, we are finally going in for our interview for conditional residency for my spouse.

You would have to have already been on a different visa to have been here in the first place and like nraynaud said, it takes time.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#134

Post by dudul »

nraynaud wrote: post #124
dudul wrote: post #116

Earlier quoted context omitted.

Why would you need an immigrant visa to get married? As soon as you're married you're supposed to apply for a green card. Green cards through marriage are prioritized, not capped and all.

because green cards take 1.5 years, EAD cards take more than 6 months (I have anecdotes of more than a year), and that's on top of the 7 months to get a K1 visa.

Hum, my experience varies then. The K1 visa is supposed to be used for entry, so you're not really waiting idle in the US at this point. I received my temporary worker card in less than 2 months. Yes, the GC takes a long time (you basically get the temporary one when it is time to apply for the permanent one!), but who cares? You have all the same benefits as soon as you get your temporary docs for work and travel.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#135

Post by cat199 »

conanbatt wrote: post #91

Im amazed at the level of protectionism expressed in this thread, in this community. I will make an argument for the cynics that believe they should be protected from competition: that immigration restrictions and caps like the H1B curtail the freedom of Americans to buy services from who they want to. American people that run American businesses are prohibited from hiring people they believe to be best suited for th…

> American people that run American businesses are prohibited from hiring people they believe to be best suited for the job.

Or american people in positions of power are free to use that power against their fellow citizens by importing people to do the same work for cheaper? 1859 Atlanta Ga called, they want their labor market back..

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#136

Post by dudul »

leovander wrote: post #133
dudul wrote: post #116

Earlier quoted context omitted.

Why would you need an immigrant visa to get married? As soon as you're married you're supposed to apply for a green card. Green cards through marriage are prioritized, not capped and all.

After a year since we married, we are finally going in for our interview for conditional residency for my spouse. You would have to have already been on a different visa to have been here in the first place and like nraynaud said, it takes time.

There is a visa for fiancees to join their future spouses in the US. I assume that while you're getting your interview after a year, your spouse received temporary documents allowing them to travel and work.

Now, if you're talking about meeting your future spouse in the US, then yes. They would have needed a visa to be in the country in the 1st place.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#137

Post by leovander »

dudul wrote: post #136
leovander wrote: post #133

Earlier quoted context omitted.

After a year since we married, we are finally going in for our interview for conditional residency for my spouse. You would have to have already been on a different visa to have been here in the first place and like nraynaud said, it takes time.

There is a visa for fiancees to join their future spouses in the US. I assume that while you're getting your interview after a year, your spouse received temporary documents allowing them to travel and work. Now, if you're talking about meeting your future spouse in the US, then yes. They would have needed a visa to be in the country in the 1st place.

Yup, a handful of EAD renewals.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#138

Post by jmpman »

duxup wrote: post #94
jmpman wrote: post #79

Earlier quoted context omitted.

The spots should be bid on, and the revenue should be used for STEM education scholarships of US citizens in the field the job was awarded in. The market is indicating that there’s a demand for the skill, so let’s increase supply with “cheaper” US citizens who aren’t going to be costing their employers for the spots.

Oh I like that.

I’d like to see a Presidential candidate run on that platform.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#139

Post by dudul »

leovander wrote: post #137
dudul wrote: post #136

Earlier quoted context omitted.

There is a visa for fiancees to join their future spouses in the US. I assume that while you're getting your interview after a year, your spouse received temporary documents allowing them to travel and work. Now, if you're talking about meeting your future spouse in the US, then yes. They would have needed a visa to be in the country in the 1st place.

Yup, a handful of EAD renewals.

OK so I don't see the problem. I'm not trying to be insensitive or anything. I went through the same process. Is it a pain in the bum? Yes. Are the delays way too long? Yes. But at the end of the day, when you start the GC application process you usually get your temporary documents after a few months (it was 2 for me, another comment claims 6, I guess YEMV) and that's it. Then yeah, it's a pain to have to wait a year to have your marriage scrutinized by an immigration agent, but in the mean time, you can work, travel, etc.

My original comment was just wondering how a "immigrant marriage visa" would change anything.

Re: H-1B: Federal judge backs government’s narrower view of ‘specialty occupation’

#140

Post by nraynaud »

dudul wrote: post #134
nraynaud wrote: post #124

Earlier quoted context omitted.

because green cards take 1.5 years, EAD cards take more than 6 months (I have anecdotes of more than a year), and that's on top of the 7 months to get a K1 visa.

Hum, my experience varies then. The K1 visa is supposed to be used for entry, so you're not really waiting idle in the US at this point. I received my temporary worker card in less than 2 months. Yes, the GC takes a long time (you basically get the temporary one when it is time to apply for the permanent one!), but who cares? You have all the same benefits as soon as you get your temporary docs for work and travel.

nope, you can be expelled from the country at any time with a 30 days notice when you're on adjustment of status.

Your driver's license will expire with your EAD card, the renewal of your EAD card can't be done more than 90day before expiration, but it takes more than 6 months to get a new one.

You can work 180 days with an expired EAD but not drive nor leave the country, and E-verify will be weird so you might lose your job anyways.

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