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H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

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Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#151

Are people with GCs screwed too? I've been postponing getting a citizenship, for no particular reason, but I'm now wondering if I should get on that just so that I don't somehow get bounced out of the country or get locked outside when I travel.

Green Card has a risk of deportation that citizenship does not. But the current administration is working to make citizenship revocable.

But the current administration is working to make citizenship revocable.

I firmly believe that the current administration would love to change the rules on citizenship. However the 14th amendment is extremely clear on this, and the courts have consistently ruled for decades that Congress and the President do not have the right to change the laws to strip citizenship from people. (This was extensively litigated over laws against dual citizenship.)

Therefore it is no more reasonable to fear the current administration making citizenship revocable than to fear the previous administration taking all the guns away.

Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#152
I'm curious if anybody here has quality data for USCIS' processing speed on H-1B and other work-based immigration visas. USCIS provides [aggregate statistics for previous years and quarters](https://www.uscis.gov/tools/reports-studies/immigration-form...) but it's very difficult to isolate that data to a specific form type (for example I-129 for H-1B).

Common known resources like http://visadoor.com and https://www.visajourney.com/content/times/ have incredibly low quality, out of date, or just plain insufficient to get any idea for:

- how many I-129 forms were received and processed by each of the USCIS service centers (California, Nebraska, Vermont) that handle them?

- how many of those forms already resulted in denials, approvals, or requests for evidence?

- what is the throughput of each USCIS service centers?

Does anyone know where such information is available from a public or private source?

It seems clear that the California service center is completely overwhelmed this year with an ever-growing processing window (from the date of receipt notice, not even the date of first submission to USCIS) that has now reached 6.5 to 8.5 months to process I-129 petitions for a Nonimmigrant Worker (see https://egov.uscis.gov/processing-times/).

This means that if an H-1B petitioner received an offer from a U.S.-based company, applied with said company in early April 2018, got through the 1 in 5 lottery odds and received notice from USCIS a few weeks later in May 2018, it's very likely they won't be able to start working until November or January 2019. Nearly a full year after initiating the process with their prospective employer. Assuming said employer was able to hold the position open for a full year.

I'm of course ignoring the time it would take after receiving USCIS approval for the I-129/H-1B petition to schedule an embassy interview in one's home country, send the passeport for visa stamping, and relocate to the U.S. Which could easily add another month to the ordeal.

Comparatively the Nebraska service center has a processing window of 2 to 4 months, and the Vermont service center 4 to 6 months but I suspect these centers can only handle a fraction of the cases the California service center can. I've seen mentions on Twitter of case transfers from one service center to another but nothing USCIS announced publicly, meaning there is no way for a petitioner to know where their case is actually being processed.

More importantly, it's virtually impossible to tell wether how deep someone is in the processing queue, which could lead someone to withdraw and apply to another work visa (like O-1). Let's not even talk about the case where one would consider a new employer while in the U.S. under an existing H-1B since the processing time appear to be just as lengthy. USCIS has also proudly canceled its usual premium processing fees for the stated purpose of "resorbing the backlog" (so far, unsuccessfully) until at least January 2019 which means even if your company needs you to start earlier and is willing to pay the price to expedite the process, they can't. So not only are you stuck waiting to work with a prospective employer for upwards of a year (or more) but then it will take (an already approved nonimmigrant worker) another 6.5 to 8.9 months (or more) to be able to start working at another company.

People throw around phrases like "indentured servitude" far too easily for my taste, but just imagine having to wait a year to start a new job you've already applied to and signed an offer for, losing opportunities for raises, experience, networking, and advancement in the process. All the while knowing that you'll be essentially stuck in the job unless you're lucky enough to find another company willing to sponsor you again, wait for the lengthy transfer, and hopefully not be let go by your current employer (and unique provider of the right to remain in the country) in the meantime.

Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#153
Is it really true, however? Or my experience is an outlier? I have been issued a 10 year tourism/business visa to the USA. The interviewer asked me a couple questions and then said "Your visa is approved". She didn't ask for any paper work. No kidding. I got the interview booked, interview and the visa/passport in the same week. The process was flawless and the employees very friendly.

I know a few others in my social circle who setup shop in the US when they wanted to move there. None of them complained about the "waiting time" but there were complaints about the costs and legal expenses to process visas/green cards.

So is it really that bad in the US? Because as far as it is now for me this is way better than Europe. Also no other country has a green card lottery where they arbitrarily give 55k random citizens a Green Card. I have been applying to the Green Card lottery for around 10 years. I almost thought this will be their rejection reason for my visa.

I think the US gets lots of hate but so far is the best country of the bunch. I might be wrong but will be doing more business and lots of travel to the US so it will either confirm my bias or reverse it.

Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#154
post #20

I can attest to this. I have three friends who are preparing to migrate to Canada or Australia. Mind you, these are not the typical H1B workers from Infosys. These are smart legitimate people with a masters degree who work at top tech companies. They have no hopes to get a permanent residency in US because of long queues. Renewing H1B is a big hassle. Surely its a big change to pick up your life up and move to a diff…

I wish so badly I could trade places, as a conservative man stuck in a 'progressive' country with lower wages. Give me a great salary and Blumpffss 'regressive' US any day.

I mean...why can't you?

Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#155
post #42

Earlier quoted context omitted.

Most people don't care about money, they want to raise family in a safe environment, I interview a lot of foreigners and there is clear trend that they don't want to go to the US with the current administration.

That sounds great, I welcome less competition on the job market. Btw I've lived in Toronto before, have a family there and know the tech scene pretty well. If people didn't care about money and job satisfaction, you would not have that many Canadians here in SV. Most of the ones I talked too would like to go back at one point, but career prospects are very bleak. One would need to take a massive paycut and face fierc…

That's very much true. The only way to survive in Toronto is through consulting for fintech. From engineer's point of view those are mostly jobs from hell

Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#156
post #73

The UK is an amazing place as well if you are looking for tech jobs outside of Asia. Almost all major companies have offices her plus a decent startup scene.

While the tech scene is indeed very strong in some fields (like FinTech), it's also been bleeding since the Brexit vote, and the situation is certainly not going to improve any time soon.

On the other hand, I guess that might mean more opportunities for non-EU immigrants?

Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#157
post #153

Is it really true, however? Or my experience is an outlier? I have been issued a 10 year tourism/business visa to the USA. The interviewer asked me a couple questions and then said "Your visa is approved". She didn't ask for any paper work. No kidding. I got the interview booked, interview and the visa/passport in the same week. The process was flawless and the employees very friendly. I know a few others in my socia…

Your visa is essentially a visitor visa. You are not authorized to work in USA - you can visit for business while being paid by foreign entity.

It is very different from H1B visa that is tied to a specific employer.

Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#158
post #20

I can attest to this. I have three friends who are preparing to migrate to Canada or Australia. Mind you, these are not the typical H1B workers from Infosys. These are smart legitimate people with a masters degree who work at top tech companies. They have no hopes to get a permanent residency in US because of long queues. Renewing H1B is a big hassle. Surely its a big change to pick up your life up and move to a diff…

Why don’t they get an E2 visa which is designed for immigration for those with high skills and advanced degrees? An H visa is a temporary, non-immigrant visa and was never intended as a path to a green card. Frustration around long queues for green cards for H visas doesn’t make any sense because that is, by its very definition, a non-immigrant visa. Expecting permanent residency from a non-immigrant visa is no diffe…

The EB-2 (if that's what you were referring to) is one of the "exceptional ability" visas. The requirements are quite difficult to meet for a regular professional software engineer.

Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#159
post #82
post #73

The UK is an amazing place as well if you are looking for tech jobs outside of Asia. Almost all major companies have offices her plus a decent startup scene.

It's also nearly impossible to permanently migrate to

Why’s that ? Asking as someone on a tier 2 visa ? I thought I could get a residency in 5 years ?

Or are you saying the visa itself is too hard to get ?

Re: H-1B: As immigration furor roils Silicon Valley, Canada smooths way for techies

#160

As someone who is contemplating this move, I can share some thoughts. First, money isn’t the force that’s driving immigrants out of India and into the US, Canada etc. Among the people I know and including myself, the top driving forces are safety, good governance, clean air and water. While living in the US has the benefit of higher pay, it comes at a significant cost. Here is a short list of things I can not do whil…

> tutor students in India or any country online, I am a volunteer teacher at evidyaloka - a Bengaluru based NGO founded by two ex-techies - while working in the States! I don't know if you already know about this but thought it was worth pointing out :)
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