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H1B rejected – builds unicorn back home

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Re: H1B rejected – builds unicorn back home

#341

Post by edmcnulty101 »

cercatrova wrote: post #107
dxbydt wrote: post #26

In the early 1990s when I came here, the prevailing wisdom was that its categorically better to immigrate to the US from India if you get a chance. India was too far back in the tech space, too much bureaucracy, corruption, red-tape etc etc... In the 2020s, the consensus is quite mixed. A lot of people I personally worked with, who successfully got their visas and green cards, have given it all up and gone straight b…

One reason not to go back to India: climate change and heat. People are basically burning alive there and due to the high population, many people will starve in the coming decades as droughts cause crop failures. This will cause food and water wars as rising instability of the subcontinent means many people will need asylum. The area will not be geopolitically, financially, or otherwise stable in such a time. If I we…

Why not just simply go to North India instead of traveling halfway across the world?

Jaipur is 75 degrees right now. Cooler than Houston.

Re: H1B rejected – builds unicorn back home

#342

Post by outworlder »

User23 wrote: post #270
Taniwha wrote: post #171

Earlier quoted context omitted.

These days an H1B is the first step towards getting a green card, which in turn is the step towards citizenship

That's not actually true. H-1B is a non-immigrant visa. The confusion is somewhat understandable though. The reason why is that the H-1B program allows a migrant who does not currently qualify for an immigrant visa to work in the USA while they try to get one rather than having to wait at home. It's kind of like hanging out in a fancy restaurant's bar in hopes that they'll be able to get you a table.

What? No. H1B is a dual-intent visa.

If it was strictly a non-immigrant visa, then you cannot get a green card. Ever. You need some other type of visa that's either an immigrant visa(like marriage) or some other dual-intent visa.

That's one thing that many americans don't understand. "He's lived in the US for 50 years, why didn't he become a citizen?!" Because, for most people, they have no path.

Re: H1B rejected – builds unicorn back home

#343

Post by edmcnulty101 »

eldaisfish wrote: post #60
dxbydt wrote: post #26

In the early 1990s when I came here, the prevailing wisdom was that its categorically better to immigrate to the US from India if you get a chance. India was too far back in the tech space, too much bureaucracy, corruption, red-tape etc etc... In the 2020s, the consensus is quite mixed. A lot of people I personally worked with, who successfully got their visas and green cards, have given it all up and gone straight b…

be careful generalising india because anything that one can claim, the opposite is also true. A major reason countries like the USA and the UK flourish is stability. Stability is not something india has and that is a very difficult thing to put a price on. Indian capital markets are not transparent though that is less of an issue for startups. What should be telling is the number of "Indian" startups that are registe…

I don't know how stable the USA would be if all billion Indian people came to North America and Europe.

Re: H1B rejected – builds unicorn back home

#344

Post by 2143 »

techenthusiast1 wrote: post #100
Temporary_31337 wrote: post #64

Can anyone point me to how much the guy had actually earned? I feel that if he’d stayed in the US and earned Microsoft stock options he’d be much better off financially

The latest news I can find shows the company he founded was planning to IPO at a valuation of $2.5billion. If one were to assume the founder owns 10% of the company (reasonable at IPO based on what I know), he would have made about $250 million in equity. [ https://www.business-standard.com/article/companies/snapdeal... ] This is in addition to about $650k annual salary in India. [ https://www.zeebiz.com/companies/ne…

Also, one can potentially do more with a given amount of dollars in India than in the US, because things tend to be cheaper in India.

But, with the amount of money involved in this particular case I don't think any of that matters.

Re: H1B rejected – builds unicorn back home

#345

Post by outworlder »

Ao7bei3s wrote: post #307
dudul wrote: post #287

Earlier quoted context omitted.

I'm not an immigration lawyer but you don't need to have the GC in hands to start working for your employer. You usually get a work permit quickly after the petition is filed. I used to work with someone whose visa was about to expire so the company just filed a GC to keep her. That being said, I feel like these things change all the time. When people describe the current H1B process it always seems completely differ…

The work permit (I-765) does not allow you to enter the US, only to work when already legally in the country (for example, via an H-1B). And neither does the re-entry permit / advance parole (I-131) let you enter, unless you obtain it while in the US. And those documents can anyway only be applied if already in the country, and once your I-485 is current and I-140 is approved, which for Indians/Chinese/Filipinos mean…

> and for everyone else means a >1 year wait while PWD, PERM and I-140 process.

Filed I-485 in 2020. Still pending. It's currently way more than one year. Some 2022 filers are getting it in a matter of months, but older applications are taking forever.

> The work permit (I-765) does not allow you to enter the US, only to work when already legally in the country (for example, via an H-1B).

H1B allows one to work, by itself. If you get a I-765(aka EAD) and you use that, you immediately lose your H1B status. Which is fine as long as your application is pending. If your I-485 subsequently gets denied, you have to leave and you just lost your shot. Game over. You have to start again from scratch. Assuming you didn't incur in too much unauthorized stay, as you'll get hit with retroactive unauthorized stay.

Most H1B holders do not use their EAD because of that. Note that it's different from the EAD you get as a L2 (spouse of L1). That one doesn't mess with your status. Unless you get EAD pursuant to your green card application. That one messes with your status.

Same with advance parole. H and L visas don't need that to travel.

You can get your H1B status back if you file for an extension.

Re: H1B rejected – builds unicorn back home

#346

Post by cercatrova »

edmcnulty101 wrote: post #341
cercatrova wrote: post #107

Earlier quoted context omitted.

One reason not to go back to India: climate change and heat. People are basically burning alive there and due to the high population, many people will starve in the coming decades as droughts cause crop failures. This will cause food and water wars as rising instability of the subcontinent means many people will need asylum. The area will not be geopolitically, financially, or otherwise stable in such a time. If I we…

Why not just simply go to North India instead of traveling halfway across the world? Jaipur is 75 degrees right now. Cooler than Houston.

It is still not safe in North India either. Eventually the entire subcontinent will heat up past humans' wet bulb temperatures.

Re: H1B rejected – builds unicorn back home

#347

Post by outworlder »

hunterb123 wrote: post #136
nine_zeros wrote: post #133

Earlier quoted context omitted.

> Are you referring to the 7% cap on the number of people that can get a green card from any one country in a calendar year? No. I am talking about the constant asking for paperwork, processing times that vary from 2 months to over 2 years and preventing people from traveling to their home countries, lest they get locked out. This is how criminals are treated.

What is the processing time for European countries? What would your ideal processing time be that wouldn't be "criminal"?

> What is the processing time for European countries?

IRRELEVANT

There's no reason why you should be prevented from traveling just because you applied for some document.

Next you'll argue that noone is being prevented from traveling, technically. Don't bother.

There's also no reason to require the _employer_ to handle all immigration matters. The initial application? Sure. But then allow the employer to file for his permanent residency. Let them file for visa extensions. Let them transfer employers without risk. Maybe get another source of income. _Let the spouses work!_ There's no reason to limit a household to a single income. And so on. That's how its done in many countries in Europe.

You may say "you should go to those countries then". Many have. But you don't know the full extent of the issue until you are in the system. At which time you have relocated your family, upended your life, and staked your career in the system.

Re: H1B rejected – builds unicorn back home

#348

Post by outworlder »

kylehotchkiss wrote: post #222
nine_zeros wrote: post #138

Earlier quoted context omitted.

> What is the processing time for European countries? EU is not one country. Some countries have better timelines than others. > What would your ideal processing time be that wouldn't be "criminal"? My ideal would be asap. Make the decision quick. If you want to deny most applications, deny it. But do it quick.

Slow denials is a feature not a bug of immigration systems. Fast denials with systems that allow retries just quickly get backlogs of people applying again after finding a quick fix to the rejection reason, which makes it harder to give proper time to new applicants who may be more eligible.

> Fast denials with systems that allow retries

There's nothing that says quick retries are allowed, or that subsequent tries should even be adjudicated quickly. Take H1Bs. If you get selected and subsequently denied, you can only apply next year.

Some types of visas require a cooldown period outside the country after you have used them. And so on. This is all solvable.

Re: H1B rejected – builds unicorn back home

#349

Post by osigurdson »

dxbydt wrote: post #26

In the early 1990s when I came here, the prevailing wisdom was that its categorically better to immigrate to the US from India if you get a chance. India was too far back in the tech space, too much bureaucracy, corruption, red-tape etc etc... In the 2020s, the consensus is quite mixed. A lot of people I personally worked with, who successfully got their visas and green cards, have given it all up and gone straight b…

>> Kids just stay at home grinding LC all day

Those kids should start their own unicorns instead of grinding LC all day. That would be a much better use of their intelligence.

Re: H1B rejected – builds unicorn back home

#350

Post by outworlder »

hunterb123 wrote: post #129
nine_zeros wrote: post #120

Earlier quoted context omitted.

> The US allows more immigrants than any other country. What exactly is the criticism? The system is unbelievably cruel. People die (or see their loved ones die) before they get greencards. It is not a numbers game. If you can attract the best, you need to let them thrive instead of enslaving them.

> The system is unbelievably cruel. People die (or see their loved ones die) before they get greencards. People die before many things, that's not really relevant and it's just an emotional statement. Compare the length and rate to other countries for an actual assessment. A lot countries I've looked into take 5-10 years for citizenship, the US is 14.5 months on average. I'm talking about the amount of immigrants tak…

> A lot countries I've looked into take 5-10 years for citizenship, the US is 14.5 months on average.

Not even close. Heck, _permanent residency_ applications take longer than that. If your PERM gets audited, that step alone can eat more than one year. Even without that, 14.5 years for _residency_ would be shockingly fast. Some countries (like India) have a 100 year backlog, give or take a few decades.

After you get permanent residency, add 5 more years. 3 years if married to a USC.

There's NO WAY that any form of citizenship takes 14.5 months.

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