4 ms·

Why should anyone sympathize with someone who came here on what was supposed to be a non-immigrant visa tied to a particular job and then changes their mind abo

by tbyehl 7y ago

Why should anyone sympathize with someone who came here on what was supposed to be a non-immigrant visa tied to a particular job and then changes their mind about immigrating / the job? The whole immigration system sucks, and especially H1-B, but let's not pretend only some of the players are gaming it. Everyone is.

abc_lisper 7y ago
H-1B is dual-intent. https://en.wikipedia.org/wiki/Dual_intent https://en.wikipedia.org/wiki/Dual_intent
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- tbyehl 7y ago
  It became dual-intent, which lead to everyone's intent becoming to immigrate, which has lead to incredibly long processing times... https://en.wikipedia.org/wiki/Immigration_Act_of_1990 https://en.wikipedia.org/wiki/Immigration_Act_of_1990
  - stbernardlove 7y ago
    Can you explain how is anyone supposed to convince a US company to spend 2 years and tens of thousands of dollars to sponsor a candidate for an immigrant visa WHILE THEY ARE STILL IN THEIR HOME COUNTRY? For real though, name me a company that hired someone knowing they couldn't start for 2 years, while they get PERM, i-140 etc.
  - tbyehl 7y ago
    I'm taking downvotes here and up there... but people are missing the point. H1-B became a trap because of dual-intent. Someone who always intended to leave the US, as H1-B requires, shouldn't be too bothered that they can't (easily) switch jobs, that a job loss could send them home sooner than anticipated, and they shouldn't have to accept substandard wages or housing or any other body shop abuses we hear about... because they can always just go home, like they'd always intended and should have planned for. Dual-intent baited people to come here on H1-Bs on the assumption that they'll eventually get permanent residency, bring their family over, attain citizenship. Plenty of people risk their lives to get here with no hope of citizenship; putting up with body shop abuses on a path to citizenship is minor in comparison, a lot like staying at a job you've come to dislike to run out the vesting clock. And H1-B is such effective bait because the rest of our immigration policy is screwed up and discriminatory.
- rayiner 7y ago
  Dual intent is a weird and subtle aspect of immigration law. It does not mean that the H1-B visa itself is dual intent, available for people with immigrant intentions. The H1-B visa still requires intent to return to your home country. 8 USC 1184(h) allows the H1-B visa holder to be dual intent: > The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), or (V) of section 1101(a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States. It says that the fact that you’ve filed for permanent residency will not be deemed to undermine the non-immigrant intent requires for the H1-B. But the H1-B remains a non-immigrant, temporary visa. Contrast with say the Canadian skilled worker program, which results in permanent residency at the time of immigration.
nraynaud 7y ago
There is no immigrant visa for work as far as I know. There is no immigrant visa even to get married.
- dudul 7y ago
  Why would you need an immigrant visa to get married? As soon as you're married you're supposed to apply for a green card. Green cards through marriage are prioritized, not capped and all.
  - nraynaud 7y ago
    because green cards take 1.5 years, EAD cards take more than 6 months (I have anecdotes of more than a year), and that's on top of the 7 months to get a K1 visa.
    - dudul 7y ago
      Hum, my experience varies then. The K1 visa is supposed to be used for entry, so you're not really waiting idle in the US at this point. I received my temporary worker card in less than 2 months. Yes, the GC takes a long time (you basically get the temporary one when it is time to apply for the permanent one!), but who cares? You have all the same benefits as soon as you get your temporary docs for work and travel.
      - nraynaud 7y ago
        nope, you can be expelled from the country at any time with a 30 days notice when you're on adjustment of status. Your driver's license will expire with your EAD card, the renewal of your EAD card can't be done more than 90day before expiration, but it takes more than 6 months to get a new one. You can work 180 days with an expired EAD but not drive nor leave the country, and E-verify will be weird so you might lose your job anyways.
  - leovander 7y ago
    After a year since we married, we are finally going in for our interview for conditional residency for my spouse. You would have to have already been on a different visa to have been here in the first place and like nraynaud said, it takes time.
Bhilai 7y ago
> I am not saying this to seek sympathy, but things are way worse than they look. OP clearly says they are not seeking your sympathy. And no, not everyone is gaming it.

by tbyehl 7y ago

abc_lisper 7y ago

H-1B is dual-intent. https://en.wikipedia.org/wiki/Dual_intent https://en.wikipedia.org/wiki/Dual_intent

deleted 7y ago
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deleted 7y ago
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tbyehl 7y ago
It became dual-intent, which lead to everyone's intent becoming to immigrate, which has lead to incredibly long processing times... https://en.wikipedia.org/wiki/Immigration_Act_of_1990 https://en.wikipedia.org/wiki/Immigration_Act_of_1990
- stbernardlove 7y ago
  Can you explain how is anyone supposed to convince a US company to spend 2 years and tens of thousands of dollars to sponsor a candidate for an immigrant visa WHILE THEY ARE STILL IN THEIR HOME COUNTRY? For real though, name me a company that hired someone knowing they couldn't start for 2 years, while they get PERM, i-140 etc.
- tbyehl 7y ago
  I'm taking downvotes here and up there... but people are missing the point. H1-B became a trap because of dual-intent. Someone who always intended to leave the US, as H1-B requires, shouldn't be too bothered that they can't (easily) switch jobs, that a job loss could send them home sooner than anticipated, and they shouldn't have to accept substandard wages or housing or any other body shop abuses we hear about... because they can always just go home, like they'd always intended and should have planned for. Dual-intent baited people to come here on H1-Bs on the assumption that they'll eventually get permanent residency, bring their family over, attain citizenship. Plenty of people risk their lives to get here with no hope of citizenship; putting up with body shop abuses on a path to citizenship is minor in comparison, a lot like staying at a job you've come to dislike to run out the vesting clock. And H1-B is such effective bait because the rest of our immigration policy is screwed up and discriminatory.
rayiner 7y ago
Dual intent is a weird and subtle aspect of immigration law. It does not mean that the H1-B visa itself is dual intent, available for people with immigrant intentions. The H1-B visa still requires intent to return to your home country. 8 USC 1184(h) allows the H1-B visa holder to be dual intent: > The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c), (L), or (V) of section 1101(a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States. It says that the fact that you’ve filed for permanent residency will not be deemed to undermine the non-immigrant intent requires for the H1-B. But the H1-B remains a non-immigrant, temporary visa. Contrast with say the Canadian skilled worker program, which results in permanent residency at the time of immigration.

nraynaud 7y ago

There is no immigrant visa for work as far as I know. There is no immigrant visa even to get married.

dudul 7y ago
Why would you need an immigrant visa to get married? As soon as you're married you're supposed to apply for a green card. Green cards through marriage are prioritized, not capped and all.
- nraynaud 7y ago
  because green cards take 1.5 years, EAD cards take more than 6 months (I have anecdotes of more than a year), and that's on top of the 7 months to get a K1 visa.
  - dudul 7y ago
    Hum, my experience varies then. The K1 visa is supposed to be used for entry, so you're not really waiting idle in the US at this point. I received my temporary worker card in less than 2 months. Yes, the GC takes a long time (you basically get the temporary one when it is time to apply for the permanent one!), but who cares? You have all the same benefits as soon as you get your temporary docs for work and travel.
    - nraynaud 7y ago
      nope, you can be expelled from the country at any time with a 30 days notice when you're on adjustment of status. Your driver's license will expire with your EAD card, the renewal of your EAD card can't be done more than 90day before expiration, but it takes more than 6 months to get a new one. You can work 180 days with an expired EAD but not drive nor leave the country, and E-verify will be weird so you might lose your job anyways.
- leovander 7y ago
  After a year since we married, we are finally going in for our interview for conditional residency for my spouse. You would have to have already been on a different visa to have been here in the first place and like nraynaud said, it takes time.

Bhilai 7y ago

> I am not saying this to seek sympathy, but things are way worse than they look. OP clearly says they are not seeking your sympathy. And no, not everyone is gaming it.