Interesting. Does this mean that people who want to come to the US as a contractor could now bypass the "body shops" by creating their own "body shop"? This would mean that you have almost the same employment rights as a US citizen so long as you own a body shop company that employs yourself!
Updated US immigration rules: H1-B can work for own company
91–100 of 100 posts
Re: Updated US immigration rules: H1-B can work for own company
#92is that really the problem? Surely the difficulty of getting a h1-b visa in the first place is more of a problem?
For a lot of people already in the US, yes!
That means that the US is betting it's future on people already in the US. Surely they need to continue to attract the best people from all over the world?
Re: Updated US immigration rules: H1-B can work for own company
#93is that really the problem? Surely the difficulty of getting a h1-b visa in the first place is more of a problem?
It's not as hard to get an H1B as it has been, because the yearly quota isn't being used up. You still have to be paid market rate, go throuh the labor certification, pay legal and INS fees, etc.
The number one reason why I'm not getting considered for positions in the US is because I have to get a visa. I don't think I would have any problems qualifying, but the hassle for the employer seems too much. That's what they need to change.
Re: Updated US immigration rules: H1-B can work for own company
#94Earlier quoted context omitted.
It's not as hard to get an H1B as it has been, because the yearly quota isn't being used up. You still have to be paid market rate, go throuh the labor certification, pay legal and INS fees, etc.
I'm not sure about that. The H1B quota for FY 2010/2011 was exhausted sometime in Feb this year I think. Because of this, my application was pushed to FY 2011/2012, so I can only start work in Oct. So I think the quota is being used up. Or at least it was, this year.
Yes, my petition missed the 2011 cap by two days (think the cap was reached on January 27), so as for the parent poster my start date was pushed to October.
Re: Updated US immigration rules: H1-B can work for own company
#95Earlier quoted context omitted.
An alternate interpretation is that the H1B quota is simply artifically high. http://www.cs.ucdavis.edu/~matloff/h1b.html
Dr. Matloff has been had by the lie of the mean. What I see from where I sit in the industry is that H-1B pay is not centered about a mean, it's really a very extreme bi-modal distribution. You have your Infosyses, bringing in ultra-cheap IT labor at a pittance, and you have your Googles and Facebooks, bringing in very highly paid engineers that are earning the prevailing wage (very, very high prevailing wage) for th…
Thanks for this post, as a H1B on my to SV it's frustrating to be lumped together with "lowest bid" coders. My employer specifically reached out in a recruiting campaign in Europe because, quote "we've interviewed every possible and willing candidate in the valley". If you look at the money they throw at my transfer it's easy to conclude that they'd rather hire local if it was possible.
Re: Updated US immigration rules: H1-B can work for own company
#96Re: Updated US immigration rules: H1-B can work for own company
#97[deleted]
Re: Updated US immigration rules: H1-B can work for own company
#98I am the director & on hence on the board of a UK Limited company setup & successfully take on contracts from the UK's govt organisations & multinational business customers to supply various IT software consultancy services (known as IT Contracting in the UK & fairly common here & in Europe) I am paid a minimal UK wage supplemented by dividends taken regularly from my corporate profits. I only employ myself & have another family member on the board (not my spouse). Am I now eligible to apply for a H1B & hence bid for contract work in the USA too with the view that I provide a competitively valued service which is essential in enabling majot IT projects for US Corps? - I already do this in the UK & all over Europe & Switzerland which is outside the EU & frequently on typical 3-9 month contract periods. My company has been going 3yrs or so now & is fuuly UK & European tax compliant/registered. Alternatievly, if it would be best to extend my own UK company to have a USA branch too I can also do this too.
Ideas/comments anyone?
The only thing I cant do from the UK is find a USA employer to sponsor me at the outset - I am frequently asked if I have a H1B to which I have to respond no.
Re: Updated US immigration rules: H1-B can work for own company
#99Earlier quoted context omitted.
you have a h1b visa with one company another company applies to transfer it to them you continue working at the first company when the transfer goes through, you give notice at the first company and go to work for the new one if it fails, you continue working for the first one like nothing happened.
I think you are under the impression that they're talking about the actual H1B transfer failing, but in reality they're talking about the actual new startup company failing. If the startup does fail and the H1B isn't transferred elsewhere again, they do lose the visa.
Ah. Thanks for clearing that up ...
Its a risk one must take but you don't just wake up one morning and 'fail' ... you see it coming, and you should be able to line up interviews and at least make an attempt at getting a gig before that happens .... thats what I'd do, but that's just me.
Re: Updated US immigration rules: H1-B can work for own company
#100"How do they prevent Masters students who are on an OPT from creating their own companies and sponsoring a H1B for themselves? No regulations on the amount of investment required?"
Why prevent masters students from creating their own company if that creates more jobs and will probably help the economy.