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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

#361

Post by ashwinaj »

suryacom wrote: post #356
ashwinaj wrote: post #339

Earlier quoted context omitted.

Yes it is based on an assumption you work for a _legitimate_ employer and not some shady consultant. I'll use your statement to prove that it's a fair assumption in the average case. > So, say I set aside 1 year for the new employer to get all the internal budgeting approvals and initiate my GC process On one hand, you claim that it takes a year for the employer to get your GC going. And now to withdraw it (which wil…

>On one hand, you claim that it takes a year for the employer to get your GC going. And now to withdraw it (which will include the same filing fee + lawyer fees - time spent= thousands of dollars) it takes them less than a month (or few months) to budget this? Why do you say withdrawal need to be done in a month? To pack-up an H1-B visa holder, withdrawal only has to be done within the 2.5 years. Also, withdrawing I-…

Ok. So this is how a conversation between an HR and the finance department in a _legitimate_ company goes: "We need to send a message to the rest of the H1B employees, so please budget $X thousand for withdrawing an old employee's I140"

Yeah right. You make it sound like this witch hunt is normal course of action. It clearly is not in a legitimate company.

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

#362

Post by snovv_crash »

curun1r wrote: post #153
shas3 wrote: post #51

Earlier quoted context omitted.

I'm not sure about the bidding war. I've been in situations where companies are looking for people with specific skills (e.g. working with specific microbiology techniques) but would never be able to outbid what Facebook or someone in Bay Area would pay for generalist skills in another field. There is nowhere close to 100% elasticity in wages to make an auction system fair. Also, this would handicap companies in low-…

Another option would be to put in place a system where companies could be have their H1-B applications automatically approved if they maintain a certain ratio of citizens/green card holders to H1-Bs within the desired salary band and classification. Say, for example, you want to hire an H1-B engineer at $160k/yr and the required ratio is 4:1. If your engineering workforce within the $150k-$175k salary band is already…

I like this idea. It also helps immigrants with integration into their new society, instead of forming pockets of foreigners.

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

#363

Post by yellow_viper »

RedPanda250 wrote: post #325
yellow_viper wrote: post #320

Earlier quoted context omitted.

was $50,000 per person I believe

Are you sure it wasn't investment based EB-5 ?

No idea, I got told green card - but I was 15 at the time (so not really involved in the process).

He worked for the WSJ and one of the requirements of him taking the role was that we all got green cards.

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

#364

Post by brendangregg »

ashwinaj wrote: post #54
suryacom wrote: post #27

On one talks about the actual issue with the H1B. I'm a H1B holder from India, living and working in USA for past 10 years. The actual incentive for companies is that, an H1B holder from India has less rights, they cannot change job or even travel freely outside USA (for decades). That gives the employers full control of the employee. Any guess why companies only recruit from India and China? Because, the country bas…

> they cannot change job Correction: You can change jobs, but the green card process needs to start again but you keep your priority date. EDIT: You can change jobs to another "similar" position i.e. the job responsibilities should be similar. You can't move from an individual contributer to a manager position for example. In this case, the green card application will have to be done again. > That gives the employers…

"You are free to leave to another job"

You SHOULD be free to quit, you're right about that. But some companies have figured out ways to stop it. If anyone is ever in that situation -- you have to get your own immigration lawyers to represent you, and not the company.

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

#365

Post by brendangregg »

Manishearth wrote: post #295
ashwinaj wrote: post #289

Earlier quoted context omitted.

> I mean, it's the same argument for indentured service Everytime there is an article about H1B, people start flinging "slavery" and "indentured servants". Please be honest and don't analogize H1B hurdles (which I agree exist) to situations where people were actually killed.

Making an analogy does not mean equating the two. I'm specifically making an analogy between the "hey, you chose to do it" arguments that historically supported indenture and are currently supporting the unsavory bits of H1B. These arguments are similar. They share the fallacy of avoiding nuance in the choice (some people aren't fully aware of the choice. Some people may want to change their minds once they've settle…

Actually, there's threats and downsides to the H-1B that AFAIK are not documented, so there is no way an employee can learn about them and make a rational choice -- other than hiring their own immigration lawyer and having them step through the bad scenarios.

A lot of people on this thread sound like they've come nowhere near close to one of the bad scenarios, and have no awareness of them.

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

#366

Post by brendangregg »

mortehu wrote: post #109
suryacom wrote: post #77

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.

I've switched jobs on H-1B three times. All it takes is waiting for the replacement visa to come through before you resign. In each case I trusted my current employer and told them I was waiting for a visa for a new job, but I didn't have to.

Lucky. Every time I've switched on H-1B, I've been advised by immigration lawyers to not tell my current employer for fear of retaliation, along with anecdotes to convince me that the retaliation risk is real and happens in the bay area.

It's extremely painful secret to keep -- it's unfair to be unable to talk to coworkers about your future plans (as instructed by legal council), and one that detriments career growth (you're forbidden from discussing early on that you are likely to quit, at a time when it may be reconcilable with your current employer, and lead to better things: new positions, pay rises, etc.).

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

#367

Post by brendangregg »

ashwinaj wrote: post #107
suryacom wrote: post #77

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.

About the risk taking, I spoke for myself and not for anyone else. Life is not a bed of roses, I've accepted that. When I got my H1B visa, I was aware of all the risks it involves. I've said this in previous posts as well, nobody forces you to take an H1B, you chose to take it. It's like buying an expensive car and complaining that you have to fill premium gas. Well, no one asked you to buy one, did they? Secondly, y…

How were you aware of all the risks involved? Did you hire your own immigration lawyer (NOT the company-retained one) and have them go through it with you? If so, then that's very wise. If you didn't, I very much doubt you knew of all the risks, since some I've never seen documented. I really think if you had one of the rough times on the H-1B, you wouldn't be so caviler.

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

#368

Post by ashwinaj »

brendangregg wrote: post #367
ashwinaj wrote: post #107

Earlier quoted context omitted.

About the risk taking, I spoke for myself and not for anyone else. Life is not a bed of roses, I've accepted that. When I got my H1B visa, I was aware of all the risks it involves. I've said this in previous posts as well, nobody forces you to take an H1B, you chose to take it. It's like buying an expensive car and complaining that you have to fill premium gas. Well, no one asked you to buy one, did they? Secondly, y…

How were you aware of all the risks involved? Did you hire your own immigration lawyer (NOT the company-retained one) and have them go through it with you? If so, then that's very wise. If you didn't, I very much doubt you knew of all the risks, since some I've never seen documented. I really think if you had one of the rough times on the H-1B, you wouldn't be so caviler.

I spoke to my older brother (who left once his H1B was over, as he never wanted to stay here long term) and my seniors in grad school who explained all the intricacies; of course I never understood every single detail. But what I understood was getting a GC for an Indian citizen is a long wait. Frankly, I am okay leaving the US if I have to if I fall into any of the pitfalls. I don't have sleepless nights over it.

And BTW, I got my H1B in the 2008 lottery and had to go through lean times during the recession. So it's not as if I've had a smooth ride all along.

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

#369

Post by brendangregg »

ashwinaj wrote: post #368
brendangregg wrote: post #367

Earlier quoted context omitted.

How were you aware of all the risks involved? Did you hire your own immigration lawyer (NOT the company-retained one) and have them go through it with you? If so, then that's very wise. If you didn't, I very much doubt you knew of all the risks, since some I've never seen documented. I really think if you had one of the rough times on the H-1B, you wouldn't be so caviler.

I spoke to my older brother (who left once his H1B was over, as he never wanted to stay here long term) and my seniors in grad school who explained all the intricacies; of course I never understood every single detail. But what I understood was getting a GC for an Indian citizen is a long wait. Frankly, I am okay leaving the US if I have to if I fall into any of the pitfalls. I don't have sleepless nights over it. An…

What was the worst risk you learned about?

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

#370

Post by ksk »

blinkingled wrote: post #141
ksk wrote: post #113

Earlier quoted context omitted.

>a tariff for software and services brought from outside the country. Its an interdependent world, and such things will probably cause another global depression. "While you're squeezing the other guy's balls, someone else has their hands on your balls" Outsourcing is not a very black and white issue. For one thing, people can't simultaneously claim that "My employers are able to recognize my talent" while also claimi…

Oh I am absolutely not advocating tariff on outsourcing, far from it. I actually prefer a balanced system hardened against abuse - it's just that there's so much hot headedness going on right now I was wondering if more protectionism in the name of creating jobs is on the way.

Sorry, I guess I mis-read your comment. Feel free to ignore my reply :)
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