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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’

#71

Post by faang34253 »

nullspace wrote: post #35
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…

Honestly, with that kind of salary - it feels like you could save up enough to get to an EB-5 investors category, which have far shorter waiting times, correct? Or am I mistaken?

With that kind of salary, you could just quit working for others and lead pretty luxurious (or frugal, or just basic, whatever floats your boat) life almost everywhere until you die. Okay, some of us got the real "dream job" and that's the way they want to live this life, so whatever.

But, if not spending everything on coke one should have several millions on investments at this point. And that makes literally buying (through the loopholes created for investors) citizenship easy. Heck, even Switzerland gives you a passport if you invest about one million IIRC. I fail to understand why anyone in such a prestigious position (but without citizenship for a given country) would not use their hard earned money to make things easier in perfectly legal way.

Well, I guess it's easier to be illegal immigrant and suddenly the media is all about you and your presupposed rights (like invading any country you wish 'cause you want free stuff). The whole system is broken and probably soon also broke.

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

#72

Post by bonzini »

nullspace wrote: post #35
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…

Honestly, with that kind of salary - it feels like you could save up enough to get to an EB-5 investors category, which have far shorter waiting times, correct? Or am I mistaken?

Even O-1 seems like it could be a good possibility (I wrote a reference letter for a colleague seeking the O-1 via a few years ago, and I only had to describe his work as open source project lead).

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

#73

Post by m0zg »

frankchn wrote: post #54
m0zg wrote: post #25

Earlier quoted context omitted.

You only have to do that if your new job is significantly different than your existing one. You do have to notify the government (USCIS probably) that you're changing jobs, bu that's not "visa application process again" if your new job is similar, and you're unlikely to be denied. Job changes are very dangerous for H1-Bs in other ways and employers know it (and abuse it, nearly all of them). Basically if your employe…

Your new employer has to file a H1B petition de novo, with the only difference that you are not subject to the lottery any more. USCIS may well take the view that your new job, even if it is doing the same thing, is not a specialty occupation any more.

SWE->SWE is relatively safe. And there are a number of significant differences between a truly "de novo" petition and a transfer. While it is true that you need a sponsor, and therefore a petition needs to be filed, you don't need to wait for it to be approved to start working at the new place. You can also have multiple prospective employers file petitions, so if one gets denied another might get approved, or if you get a better offer you get the option of picking and choosing. The process is still fraught with uncertainty (particularly if H1-B worker brought their wife and kids along), but you aren't really "starting from scratch" or undergoing the same degree of scrutiny.

It used to be worse, BTW: it used to be that you couldn't really change jobs at all, and until fairly recently, your spouse (who is typically on H4) couldn't work. Or to be exact, she/he could, but couldn't get paid (volunteering was OK).

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

#74

Post by unexpected »

product50 wrote: post #60
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…

Surprised this is getting downvoted. These types of salaries are somewhat common in FANG companies for senior engineers and it is common for some of them (depending on their nationality) to still wait for the green card for 15+ yrs. I know people here won't like the truth but this is the current reality for Indian citizens legally immigrated in US. On the other hand, it is actually easier to get a green card if you a…

This is not true - in your Congo example, the driver claimed asylum, won his case, and then was able to apply for his green card. You cannot go from illegal immigrant to green card directly. Many people don't win their asylum cases and are deported.

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

#75

Post by m0zg »

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 attractive to unscrupulous employers.

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

#76

Post by Bhilai »

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…

There is no doubt that H1B gets abused by these small contracting shops and Indian giants like Infosys. I am all for stricter criteria for H1B but at the same time if it comes without a path for permanent residency then its not lucrative enough for an immigrant. Most H1B people I know are genuine hard working tax paying good people. They like it here and want to make it their home while contributing to the economy so why not remove the hoops they jump through.

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

#77

Post by Uhhrrr »

abc_lisper wrote: post #20
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 am in US for 18 years now, have a master's degree and work at a FANG company, and don't have a GC yet. I am not saying this to seek sympathy, but things are way worse than they look. The system is gamified by outsourcing companies and body shops, that are more worried about their people in, play the numbers game and clog the H-1B and GC routes, make it difficult for everyone who is trying to do quality work with…

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

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

#78

Post by geodel »

throwaway082729 wrote: post #19
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'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…

Huh, wouldn't putting 1 million dollar investment get you EB5 green card in very short time?

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

#79

Post by jmpman »

duxup wrote: post #46
paxys wrote: post #36

Earlier quoted context omitted.

$120k qualifies for low income benefits in San Francisco, so yeah that's not going to matter.

Maybe it should be a bidding process ;) Want the spot, spots are starting at 120k...

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.

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

#80

Post by satya71 »

deminature wrote: post #57
fernandopj wrote: post #44

Earlier quoted context omitted.

As I recall it doesn't even need to be $500k upfront, you have to (show/prove) you'll invest that and generate jobs in a couple of years.

You have to prove you'll create jobs for a minimum of 10 U.S. citizens, which sounds somewhat nontrivial. https://travel.state.gov/content/travel/en/us-visas/immigrat...

Not really. Most such investments are in hotels/hospitals etc with large number of low paid employees.
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