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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’

#151

Post by dang »

stbernardlove wrote: post #127
throwaway082729 wrote: post #19

Earlier quoted context omitted.

I've been here for 17+ years, earn $650k/yr and I'm still in the same boat. I'm at the mercy of the govt. if I want to change jobs. Moreover, I need to restart the labor certification process and reapply for my green card though I get to keep the same priority date. There's no end in sight i.e. I cannot predict when I'll get my green card due to the per-country cap and backlog. Worse, I cannot quit and take time off…

Alright, drama queen, so you're saying that H1B holders can't take PTO or even unpaid time off? If so, I have empirical evidence that disproves your point ;) What you meant to say is you can't be in between jobs, but even then, you're allowed up to 60 days. GC backlogs suck. Kids aging out is just evil and wrong and needs to be fixed. But don't blame the backlog on country caps. If there were never any caps, you woul…

> Alright, drama queen, so you're saying

Personal attacks and name-calling aren't allowed here. Could you please not post in the flamewar style to Hacker News? We're trying for something other than that on this site.

If you'd read https://news.ycombinator.com/newsguidelines.html and follow those rules when posting to HN, we'd be grateful. You might also find these links helpful for understanding where they came from:

https://news.ycombinator.com/newswelcome.html

https://news.ycombinator.com/hackernews.html

http://www.paulgraham.com/trolls.html

http://www.paulgraham.com/hackernews.html

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

#152

Post by metildaa »

gumby wrote: post #143
rdtwo wrote: post #115

Earlier quoted context omitted.

That would benefit scammy firms like infosys

How so? Body shop scammers who spam the H-1 system would no longer have an advantage.

Body shops would be able to bring in many more workers, and supress wages further.

The dearth of middle income jobs in the USA is in part caused by these body shops flooding the domestic market with questionable talent, driving down wages and living standards severely.

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

#153

Post by supercanuck »

wharnal wrote: post #14

> Sagarwala, according to the ruling in Washington, D.C. U.S. District Court, received an H-1B visa in 2012, but those visas are tied to specific employers. So when she sought to change jobs in August last year, the prospective new employer, outsourcing firm HSK Technologies, had to go through the visa application process again. So she had lived in the US for six years and still had to beg the government for permissi…

Well it is considered a "Temporary Visa" and for a specialty occupation.

>Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite.

https://travel.state.gov/content/travel/en/us-visas/employme...

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

#154

Post by pandaman »

copperx wrote: post #150
pandaman wrote: post #121

Earlier quoted context omitted.

There are not one, but two immigrant visas for skilled immigrants already. EB1A and EB2-NIW. No need to find a sponsoring employer, no requirement to prove that there are no qualified Americans, no salary requirements, almost no backlog even for people born in India and China, at least for the former. It's the visa to get for the so-called "best and brightest". Of course, the catch is that you need to be really skill…

And you must not be here on a non-immigrant Visa. You need a dual-intent compatible visa such as H1B.

This is incorrect: you don't need to be in the US at all to apply for any immigrant visa. I believe the Indian body shops perpetuate the fictitious idea that, similarly to naturalization, there is also a required time to be present in the country before being eligible for a GC. While I can see how it fits into their business model, it could not be further from the reality. Not only there is no required time to be in the country but there is no requirement to be in the country at all in order to obtain an immigrant visa - it can be all done in the home country and you can enter the US as an LPR without ever setting foot there before.

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

#155

Post by dang »

refurb wrote: post #142
dang wrote: post #120

Earlier quoted context omitted.

Please don't post unsubstantive comments to HN. Perhaps you don't owe the GP better, but you owe this community better if you want to post here. https://news.ycombinator.com/newsguidelines.html

Noted, but I didn't feel my comment unsubstantive. The OP comes to America as an immigrant (as did I), makes more money in one year than most American's make in 20. My comment simply put his "problem" into perspective.

There was no information in it other than that the GP makes more money than others, which was missed by no one, and a vague expression of resentment about it. I'm afraid that's completely unsubstantive by HN standards.

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

#156

Post by conanbatt »

cat199 wrote: post #135
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..

I hope you didn't post this from a computer made abroad, and collaborated in the exploitation of your fellow nationals.

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

#157

Post by mantap »

paxys wrote: post #24
wharnal wrote: post #14

> Sagarwala, according to the ruling in Washington, D.C. U.S. District Court, received an H-1B visa in 2012, but those visas are tied to specific employers. So when she sought to change jobs in August last year, the prospective new employer, outsourcing firm HSK Technologies, had to go through the visa application process again. So she had lived in the US for six years and still had to beg the government for permissi…

I have been here 12 years, and know people 15-18+ years, all in the same boat. I can be asked to leave the country tomorrow because I tried to switch jobs, my boss woke up on the wrong side of the bed or literally any or no other reason.

Why do you do it? I'm sorry if it sounds callous, I'm just curious really. I personally wouldn't be able to endure such a precarious and stressful situation.

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

#158

Post by brighter2morrow »

wharnal wrote: post #14

> Sagarwala, according to the ruling in Washington, D.C. U.S. District Court, received an H-1B visa in 2012, but those visas are tied to specific employers. So when she sought to change jobs in August last year, the prospective new employer, outsourcing firm HSK Technologies, had to go through the visa application process again. So she had lived in the US for six years and still had to beg the government for permissi…

>So she had lived in the US for six years and still had to beg the government for permission to change jobs? I had no idea it was this bad.

The purpose of the H1B program is for foreign specialists to do work for which no American worker can be found. It's not for foreigners to come to the US and go job hopping.

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

#159

Post by brighter2morrow »

privateSFacct wrote: post #4

Ugh, these cases give H1B's a bad name. I do wish there was crackdown on crap like this. Where I work the H1B applicants (who don't get selected) have masters, from a US university, for a degree that applies specifically to their job. These folks should be on the red carpet to US citizenship. They have checked every box. Instead they get treated like crap. They should SHUT DOWN these other players who clog up the pro…

>Where I work the H1B applicants (who don't get selected) have masters, from a US university, for a degree that applies specifically to their job. These folks should be on the red carpet to US citizenship. They have checked every box.

Job specific degrees are always a boon-doggle and they really shouldn't be getting the jobs their degrees proclaim. School is the time for theory, but these Job-specific degree programs these days are just glorified bootcamps

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

#160

Post by HBKXNCUO »

m0zg wrote: post #75
HBKXNCUO wrote: post #64

>There's absolutely no recourse. Why would a person expect to have recourse against a government which exists for the sole purpose of furthering the interests of a group of people to which that person does not belong?

I wasn't talking about recourse against the government. The government is within its rights to enforce the visa process to protect and regulate the local labor market. I was talking about recourse against the employer. Even if you're terminated wrongfully (i.e. in retaliation for reporting harassment or abuse, legally permitted whistleblowing, etc), it's unlikely that, as an H1-B, you will sue. That makes H1-Bs extra…

You said there is no recourse after talking about a situation in which no one has recourse against the employer, i.e. if you get fired out of spite for looking for a new job. There is as you know recourse if you're fired illegally, as the American people have been so generous as to grant foreigners the right to sue Americans employers in such cases.
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