4 ms·

I think one of the main problems with the H1B visa program is that foreign workers are kept too long in a state of precarious residency. I work for a tech behe

by elihu 10y ago

I think one of the main problems with the H1B visa program is that foreign workers are kept too long in a state of precarious residency. I work for a tech behemoth that imports an enormous workforce from overseas. My overall impression of my foreign colleagues is that they are very competent, hardworking people and the United States is better off for having them here. However, I'm uncomfortable with the kind of leverage my employer has over them. If my boss asked me to work 60 hour weeks or work through the weekends or something, I'm able to say "no" because if they fire me, it's not really that big of a deal. I'll just go work for someone else. I'm not going to get kicked out of the country. For the H1B holders, it's a different story. Even if the employer never deliberately exploits that situation (and I have no reason to believe that my employer does), there's still that implicit threat in the background. So, I think we shouldn't leave H1B visas in limbo for extended periods of time. If they've been here for a year or more, they should be able to quit their jobs if they want to without repercussions.

untog 10y ago
> If they've been here for a year or more, they should be able to quit their jobs if they want to without repercussions. To clarify: you absolutely can do that on an H1B. The problem is that you need to have a new job lined up to replace it, and that job needs to have gone through visa approval processes that can take up to three months (there is a grace period, I believe, of 30 days, soon to be extended to 60). This also costs the company money in legal fees, so people tend to get jobs with large corporations rather than startups, who are less willing to swallow the cost. So, it's possible, just very irritating to do. And if you're also applying for a green card sponsored by your company then you have additional issues - you can get shunted back to step one when you change employers if you haven't already reached a certain stage.
- guitarbill 10y ago
  > there is a grace period, I believe, of 30 days, soon to be extended to 60 AFAIK there is no official grace period, but for practicality the USCIS does process some applications within an arbitrary time-frame.
- mavelikara 10y ago
  > And if you're also applying for a green card sponsored by your company then you have additional issues If you don't apply for Green Card sponsored by your company, you will have to leave after 6 years anyway - so these additional issues are almost always relevant too.
- elihu 10y ago
  Thanks for the clarification; as a US citizen, I've never gone through the process myself, so I only know the bits and pieces I hear second-hand.
trustfundbaby 10y ago
> However, I'm uncomfortable with the kind of leverage my employer has over them. If my boss asked me to work 60 hour weeks or work through the weekends or something, I'm able to say "no" because if they fire me, it's not really that big of a deal. I'll just go work for someone else. I'm not going to get kicked out of the country. For the H1B holders, it's a different story. Thank you for writing this. I was a H1B worker and this is absolutely exactly how it happens. What are you going to say? No? ... they'll just put you on a PIP and push out your green card application a few months or tell you they're re-evaluating things in light of your transgressions. Now what?
jedisct1 10y ago
This!

by elihu 10y ago

untog 10y ago

> If they've been here for a year or more, they should be able to quit their jobs if they want to without repercussions. To clarify: you absolutely can do that on an H1B. The problem is that you need to have a new job lined up to replace it, and that job needs to have gone through visa approval processes that can take up to three months (there is a grace period, I believe, of 30 days, soon to be extended to 60). This also costs the company money in legal fees, so people tend to get jobs with large corporations rather than startups, who are less willing to swallow the cost. So, it's possible, just very irritating to do. And if you're also applying for a green card sponsored by your company then you have additional issues - you can get shunted back to step one when you change employers if you haven't already reached a certain stage.

guitarbill 10y ago
> there is a grace period, I believe, of 30 days, soon to be extended to 60 AFAIK there is no official grace period, but for practicality the USCIS does process some applications within an arbitrary time-frame.
mavelikara 10y ago
> And if you're also applying for a green card sponsored by your company then you have additional issues If you don't apply for Green Card sponsored by your company, you will have to leave after 6 years anyway - so these additional issues are almost always relevant too.
elihu 10y ago
Thanks for the clarification; as a US citizen, I've never gone through the process myself, so I only know the bits and pieces I hear second-hand.

trustfundbaby 10y ago

> However, I'm uncomfortable with the kind of leverage my employer has over them. If my boss asked me to work 60 hour weeks or work through the weekends or something, I'm able to say "no" because if they fire me, it's not really that big of a deal. I'll just go work for someone else. I'm not going to get kicked out of the country. For the H1B holders, it's a different story. Thank you for writing this. I was a H1B worker and this is absolutely exactly how it happens. What are you going to say? No? ... they'll just put you on a PIP and push out your green card application a few months or tell you they're re-evaluating things in light of your transgressions. Now what?

jedisct1 10y ago

This!