19 ms·
It is important to note that this engineer is from India and has been legally in the US for 17 years and still on a temporary H1B visa (conveniently not mention
by vsskanth 7y ago
It is important to note that this engineer is from India and has been legally in the US for 17 years and still on a temporary H1B visa (conveniently not mentioned in NYT)
If this person was from any other country, he would have a green card by now. But now, he has to leave everything behind and go back. This is all too familiar for Indian nationals working in the US. It has become way more precarious for Indian families now due to the current administration arbitrarily denying visa extensions for people in tech.
Hopefully he finds a good job in India, Canada or Europe.
- winter_blue 7y agoI don't think enough people know about this. People from India have to wait for 150+ years to get permanent residency via the employment-based route.This website does a great job at explaining this: https://siia.us/ https://siia.us/ People from most other countries can get employment-based green cards in a matter of months. These people have approved (I-140) green card applications, yet cannot "receive" their green card unless they wait 150+ years. Moreover, until recently, their spouses were prohibited from working. The Obama administration issued regulation that granted permission to work for spouses of people with approved (I-140) green card applications, who've been waiting for over a year. In a cruel and sadistic manner, the current administration, decided to revoke these authorizations, so that their spouses don't "enter the labor market early"[1]. > But now, he has to leave everything behind and go back I don't think this is necessarily true. Can't he try to find another company that will sponsor him for an H-1B? If he has an approved I-140, he's cap-exempt, practically forever. [1] https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201810&RIN=1615-AC15 https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=2018... Quote: > Anticipated Costs and Benefits: > DHS anticipates that there would be two primary impacts that DHS can estimate and quantify: the cost-savings accruing to forgone future filings by certain H-4 dependent spouses, and labor turnover costs that employers of H-4 workers could incur when their employees’ EADs are terminated. Some U.S. workers would benefit from this proposed rule by having a better chance at obtaining jobs that some of the population of the H-4 workers currently hold, as the proposed rule would no longer allow H-4 workers to enter the labor market early."
- vsskanth 7y ago> Can't he try to find another company that will sponsor him for an H-1B? Yes, he has exactly 60 days to find another employer and get the visa application through before accruing unlawful status. And according to this article, he did try but couldn't get a job, so he left. Infinite visa extensions are all fine until you either: 1. Hit a recession or an industry slowdown (like the situation here) 2. USCIS decides your job isn't a "specialty occupation" anymore and denies your visa extension. 3. You become old (imagine an Indian national engineer at age 50-55 trying to get a company to sponsor H1B). Most of these people dont even get to progress much in their career because [2] can happen. If this engineer had a green card, he would have more time to search for another job if laid off.
- winter_blue 7y ago> Yes, he has exactly 60 days to find another employer and get the visa application through before accruing unlawful status. This is not entirely true. In U.S. immigration law, "unlawful presence" and "violation of status" are distinct concepts. Unlawful presence of 6+ months results in 3 year bar, and of 12+ months results in 10 year bar. These bars are probably lifetime bans as far non-immigrant non-dual-intent visas are concerned. However, you don't accrue unlawful presence as long as your I-94 is valid. That's the date stamped on your passport, and usually coincides with the expiry date of your visa, or H-1B approval notice (I-797A/I-797B), whichever is longer. If your company had filed for an extension, and are beyond the I-94 deadline, and you're waiting for adjudication, then you could accrue unlawful presence (if you lose your job). I'm well-aware of the 60 day rule. (The 60-day grace period which itself was created in January 2017; prior to that you had no grace period.) Within 60 days, you change jobs, and start working at a new job, if the employer files the petition before the 60 days is up. However, if you've gone past the 60 day limit, you can still get an employer to sponsor you -- you just need to leave the country and return, before you can start. Also, you need to make sure the file your H-1B/other I-129 petition while you're outside the country, so that USCIS doesn't have an excuse to issue an NTA (which can itself easily result in 10-year ban).
- vsskanth 7y ago
- r3bl 7y ago> If this person was from any other country, he would have a green card by now. Can you elaborate this a bit (or provide some links)? I am well aware that there are some policy changes around H-1B extensions, and that Indian workers make a huge percentage of the total denials, but I don't understand the connection between the two.
- ptc 7y agoHow long you wait for an H1B is dependent on the country you are from because of USCIS imposed per year limits per country. See: https://www.uscis.gov/tools/glossary/country-limit https://www.uscis.gov/tools/glossary/country-limit
- umeshunni 7y agoThis has nothing to do with H1B denials - It has to do with the fact that green cards are allocated based on a per-country quota. Other visas, especially H1B are not. So, to simplify: - Assume there are 1000 H1B visas and 1000 green cards allotted each year and that an H1B worker can apply for a green card after living in the US for a year. - 50% of H1Bs are from India, so there are 500 H1Bs a year from India - But green cards are subject to a 100/year/country quota. So, the next year, only 100 of the Indian H1B workers can apply for a green card. - This creates a backlog of 5 years for all the 500 to get a green card - The problem keeps getting worse because the next year, there are 500 more Indian workers applying for a green card but the queue only has 100 more green cards to allocate, so now the wait for the last applicant is now 8 years. - This process then repeats for a few years and workers from India now have a 100+ year wait for a green card. In reality, not all H1B workers apply for a green card and there have been some temporarily relief mechanisms passed in the past to mitigate the delays, but you can see why the problem is especially bad for workers from India. In the past, it was a problem for Chinese workers as well, but with the economy in China improving in the past few years, there is lower demand from Chinese workers for green cards.
- droithomme 7y agoAs described with those numbers, it is clear that Indian nationals are especially favored, not discriminated against as was claimed. Thus the complaint is really that India, favored above all other nations, is not favored enough. Same chance at green cards as other countries, and massively more chance at H1B, utilizing 50% of all slots, and therefore more than any other nation. If one wishes to establish a balance between H1Bs and Green Cards on a per nation basis, the H1Bs could likewise be limited on a per-country basis, matching that of the Green Card allocation.
- onetimemanytime 7y ago>>has been legally in the US for 17 years and still on a temporary H1B visa (conveniently not mentioned in NYT) disgraceful. USA needs highly educated (and other) immigrants so if he has been working at such high level positions for 17 years, why not roll the carpet?
- SilasX 7y agoNot sure why this is downvoted (maybe unnecessarily flamebaity?). I definitely agree there's a big tension between "temporary" and "17 years". I mean, jiminy, even revoking the visa would make more sense than keeping them in the country that long with the pretense that it's temporary. And seriously, by that long you've probably assimilated.
- hartator 7y agoIt’s worth noting the main investor visa E2 doesn’t have a path to citizenship at all. At least there is some hope in h1b.
- parthdesai 7y agoCounting my lucky stars everyday that my dad decided to send me to Canada for undergrad and not states. From my limited experience in states, people here are friendlier, nicer and a much better immigration policy. The con is the real estate prices are ridiculous compared to the salary you get here in TO.
- ad_hominem 7y agoThose grapes were sour, anyway. :P Canada is a great country and by 2031 wholly one-third of its population will be a visible minority whose mother tongue is neither English nor French (allophones). Understandably, not every country is going to follow an immigration policy like that.
- vibrato 7y agohopefully we change or enforce h1-b so that it fulfills its purpose to bring skills we don’t have.
- throwaway082729 7y agoI'm in the same boat. 17 years here. Masters plus 15 years of experience. Getting paid >$500k per year yet I'm dependent on my employer to stay here legally. I'm still a temporary worker. I cannot take a sabbatical or take up side gigs (consultant). If Canada weren't so cold, I'd already be there.
- TremendousJudge 7y agoWell, it's less cold with every passing year
- Robin_Message 7y agoIf you're getting paid >$500k, would it be possible to do a bit of Mr Money Mustache and then get some kind of high net worth visa. At >$500k a year, that can't take more than a few years. And you'll be retired too.
- option 7y agonot if you have to live in Bay Area and rise a kid or two here
- driverdan 7y agoOf course you can. That's around $25,000 a month in income after taxes. $5000 in rent, $1000 for food, $1000 for utilities and public transit costs, $2000 for misc expenses. That leaves $19,000 a month!
- warp_factor 7y agoI'm pretty sure that the person you reply to had a crazy lifestyle inflation and is now unable to live "simply" again with less than 20k$ a month. This is everything that MMM warns about.
- gcbw2 7y ago
- droithomme 7y ago> has been legally in the US for 17 years Should we also mention that he only worked at GM for 3 years and that was his first job? Before that he was on a student visa for college, then grad school in West Virginia where his advisor proposed they apply for a federal grant to test emissions on German cars, and there were several people working on this taxpayer financed project. They collected the data and another member presented the data at a conference. They were not the ones that discovered that VW was cheating or how the cheating was done, but their paper was what called attention to the issue, prompting further investigation by others. It's interesting that having 3 years work experience in the US after 12 years of education mostly financed by US taxpayers is sufficient to be called a "hero" who "discovered" something he was part of a team that is not mentioned, and presumed to be worthy of permanent citizenship. Did he have noteworthy accomplishments at GM? Was he one of their top engineers? Little about his brief 3 year stint at GM is mentioned in these articles. I wonder why.
- daveFNbuck 7y agoMost people would see the 12 years of taxpayer-financed education as a reason to keep him in the country. If he returns to India, taxpayers are losing a lot of the benefits of that investment.
- dzonga 7y agoare you sure it was taxpayer financed. As a former international student, the tuition for international students was 3x for locals at a big state university in the south. Besides football programs, most schools get their financing from international students.
- codemac 7y ago> Besides football programs, most schools get their financing from international students Citation? Why do our federal and state budgets have multi billion dollar line items for funding universities if it's just international students paying for everyone. State universities accept a lot more than 3 in state students for every international student.
- thatoneuser 7y agoThis is one of the things that pisses me off so much about the rallying against trump being a racist or a xenophobe. Realistically the man's just implementing a strategy to follow a law. Meanwhile the GMs of the world continue to use and abuse H1Bs and no one bats a fucking eye.
- philk10 7y agoHis golf clubs employed undocumented workers for years FFS
- diminoten 7y agoHe's not "just" doing anything, he's always also Tweeting and talking about it, and the things he says put his motivations around "follow a law" into the "racist/xenophobic" realm. Besides, the law itself is fucked up and backwards. Trying to enforce a bad law is itself not good.
- thatoneuser 7y agoTalking about what? Your claims are baseless. You're saying not allowing anyone into this country is a fucked up law and backwards? Lol ok. I'd love to see you integrate into a shady Mexican community.
- deleted 7y ago[deleted]
- dmode 7y agoTrump is a total xenophobe. He is not implementing the law. He is changing its interpretations in a way that is completely arbitrary and is being taken to court for it. Meanwhile, USCIS is making decisions that are completely random and denying extensions to people on very flimsy ground.
- thatoneuser 7y agoNo sources I see. I've never once witnessed trump act xenophobic. Not once. Just admit it - you only say this because CNN and the rest told you he's a bad man.
- outside1234 7y agoHonest question - can someone explain why its harder for an Indian national to get a green card?
- fhrow4484 7y agoBacklog: Every year there's a finite amount of green cards available, and a rule that says: a country can not claim more than 7% of all the green cards each year. So every year the max number of Indians that can get green card is the same as the max number of Portuguese, but India has 100x the population of Portugal, so if in proportion to their population, as many Indians applies for green card as Portuguese, the Portuguese have a much higher chance of getting it approved this year The Indians who didn't get it because of reaching that 7% are added to a backlog. The following year, the same thing is repeated, but now in addition, you have all the people in the backlog, ... Repeat that many years, and now the backlog is more than a decade long: people who applied for the Green card a decade ago are still waiting.
- seem_2211 7y agoYep, I'm going for my Greencard through the EB program, and because I'm from New Zealand my priority date (which is where the queue starts), is "current" which means the day the paperwork gets approved, things can move forward. If I were Chinese or Indian the priority date is years ago - the current Indian priority date for the EB3 is 2009. It's already more difficult, expensive and time consuming to get a Greencard vs. permanent residency in comparable Western nations. My Greencard will take 18+ months, $15k and a very flexible employer and I'm walking into the system with a lot of advantages. I feel for Indians and Chinese people in the system.
- pkaye 7y agoA maximum of 7% per year can convert over from any one country. Countries likes India, Mexico and Philippines (and China?) have higher proportion so there is a huge backlog. Most other countries are significantly better.
- awaythrow234 7y agoEveryone wants to come to the US it seems. Yet why ..what is wrong with your countries? Why don’t these countries strive to become better then the US? Wouldn’t you prefer to live in your own home country that is exactly like the US or better?
- Alex3917 7y ago> Why don’t these countries strive to become better then the US? Because the US will bomb the shit out of them if they do. E.g. Clinton threatened to impose trade sanctions on India if they took steps to treat the few people who (at the time) had HIV rather than letting it become an epidemic. Or just look at Iran, Cuba, any central American country, etc.
- awaythrow234 7y agoYes they are sh!tholes and your saying it’s because of the US and not because of those who rule those countries, the corruption, lack of respect for following laws, the lack of laws, etc?
- DuskStar 7y ago> E.g. Clinton threatened to impose trade sanctions on India if they took steps to treat the few people who (at the time) had HIV rather than letting it become an epidemic. I'd be really interested in learning more about this. Source?
- Alex3917 7y agoHere's an article about South Africa, which was the other country involved: https://www.theguardian.com/uk/1999/dec/19/theobserver.uknews6 https://www.theguardian.com/uk/1999/dec/19/theobserver.uknew... I can't find a good source online about India, although it's mentioned in passing here: https://www.law.upenn.edu/journals/jil/articles/volume17/issue4/Weissman17U.Pa.J.Int%27lEcon.L.1069%281996%29.pdf https://www.law.upenn.edu/journals/jil/articles/volume17/iss...
- 7y ago
- jjtheblunt 7y agoconveniently not mentioned by the NYT, because they're owned by a particular polital faction, and are, effectively, a propaganda source, I'd say.
- docker_up 7y agoThis is false. He must have done something to artificially lengthen this like not apply for his Green Card, because I have friends from India who have been here less years with their GC.
- docker_up 7y agoAs expected there's another side to the fake news above. He was in school until 2014 pursuing his PhD so he wasn't eligible for employer-sponsored Green Card until then.
- duxup 7y agoI'd like to see H1B simply be: - Minimum pay 120k (something that would indicate the person being brought over is in fact valuable) or maybe more? - Citizenship granted after ... 3 years? Something like that.
- throwawayjava 7y agoI would add to that list: - Do not tie the applicant to a particular employer, and - in addition to min salary requirements, also require independent demonstration of in-demand skills. Otherwise this system is too easy to game for large employers/sectors, who could do the equivalent of dumping by temporarily paying high salaries and then ratcheting down once they anticipate the market will clear at their desired price. So basically, turn the H1B into an O-1 style visa where you don't need to be as extraordinary as long as you're well-compensated. Which was exactly the intent of the H1B in the first place! > Citizenship granted after ... 3 years? I like the intent, but that's pretty aggressive. Permanent residency after 3 years is maybe a better way of phrasing that.
- duxup 7y agoYeah I like that. I'm cool with bringing people over to work if there is a real need. I really just want it to have an upfront cost that is tied to the need... some way of proving that need and skills would be nice. I'd be ok with permanent residency, anything that disallows the employer able to kick you back home at a whim kind of threats.