6 ms·

My H1B at a ~200 person org was returned RFE and then denied. I'm a Canadian who worked at a bonafide SV startup. Been hearing a lot of the same.

digianarchist 7y ago
Why aren't you using a TN visa?
- herval 7y ago
  Not OP, but I’d imagine because there’s no path for greencard on TN
  - digianarchist 7y ago
    You can apply for a Green Card on a TN visa you just can't renew your TN if you do.
    - ojbyrne 7y ago
      That’s not correct. TN visa is a non-immigrant intent visa. The path from TN to green card (which I’ve done) is TN -> H1B (dual intent) -> green card.
      - diab0lic 7y ago
        I would guess the route you outlined is the typical route for Canadians, but one can go from TN -> GC.
      - digianarchist 7y ago
        Nope. You can apply for a Green Card when on a TN visa. One of my coworkers is doing so right now. https://legalservicesincorporated.com/can-i-apply-for-a-green-card-on-a-tn-visa-can-i-convert-my-tn-visa-to-a-green-card/ https://legalservicesincorporated.com/can-i-apply-for-a-gree...
        ojbyrne 7y ago
        That is interesting, though it seems pretty tenuous. When I started down the path to a GC, TNs we’re indeed 1 year and H1Bs were under quota, so different conditions.
  - mattm 7y ago
    Common misconception but not true at all. It's just slightly riskier.
  - Mikeb85 7y ago
    Who cares? For most Canadians, the goal would be to make some money then go back. The US is a downgrade from Canada in most metrics.
    - jbarham 7y ago
      > The US is a downgrade from Canada in most metrics. As a Canadian who worked in the US for 4.5 years I'd say it's exactly the opposite. The only disadvantage I found working in the US compared to Canada was the absurd process for getting a green card whilst on an H1-B, which is why I now live in Australia. Otherwise the US was better in every way to Canada: - weather (SoCal) - salary - job opportunities - cost of living - health care (granted provided as part of the package by my employers) There's a reason most of the top CS graduates in Canada end up in the US.
      - hash872 7y ago
        > Otherwise the US was better... health care (granted provided as part of the package by my employers) I'd be fascinated to hear more if you're open. It's a very common (populist) framing in the US that we have Literally The Worst Healthcare System Ever and every other developed country has a better one- I'd love to hear your perspective as a dual
        jbarham 7y ago
        The US healthcare system is probably the best in the world if you're rich. I had the usual PPO plan when I worked as a SW engineer in the US. It was fine given that my wife and I were young and healthy. We still paid a couple of thousand dollars out of pocket when our son was born after a perfectly normal delivery which was a bit annoying, but again I could afford it so no big deal. However, our next door neighbour, who was an American citizen and worked as a courier, did not have health insurance provided through his employer which was almost certainly a contributing factor to him dropping dead of a heart attack in his mid 40s leaving behind a wife and young son. I think it's safe to assume that his life expectancy would have been higher if he'd lived in a country like Canada or Australia where there is universal healthcare, especially for potentially life threatening conditions. I think it's unfortunate that Canada is used as the most common comparison in the universal healthcare debate in the US since (even as a Canadian) I think the Canadian healthcare system is worse than pretty much any other developed country except the US! I'm currently living in Australia where I think the healthcare system is excellent since it combines a base universal healthcare system with a parallel private system with relatively affordable private insurance (which I pay for myself, it's totally separate from your employer). This model is similar in most other West countries (e.g., UK, Germany, France, Sweden (!)), the notable exception being Canada where there is no meaningful private healthcare option, unless you can afford to pay cash in the US, which e.g. a former boss of Vancouver did. So it makes it more difficult for Americans to claim the Canadian system is better when the fact is that many (albeit relatively wealthy) Canadians jump the public queue in Canada by going to the US.
  - dmix 7y ago
    You have to show up at the border day of to get a TN visa and there's no guarantee you'll get it. H1B is a much more reliable and safer path which is why it's prefered.
    - ojbyrne 7y ago
      It’s much easier to get a TN because there is no quota. Because the H1B is subject to lottery because more people apply than the quota, you have to apply in April to start a job in October. That’s generally not welcome by most employers.
    - azundo 7y ago
      You can apply and get a TN-1 without doing so crossing a border [1]. If you have a straightforward application though there's no reason to which is why so many people just apply on their way though. [1] https://help.cbp.gov/app/answers/detail/a_id/978/~/how-to-obtain-a-tn-nonimmigrant-classification-as-a-canadian-or-mexican-citizen https://help.cbp.gov/app/answers/detail/a_id/978/~/how-to-ob...
winter_blue 7y ago
I've heard of multiple people who were making $200k+ at medium-to-small size companies having their H1B transfers or extensions denied in the past year and half. As far as I'm aware, in all cases, USCIS said that their job didn't qualify as a "specialty occupation" (i.e. one that requires a bachelor's degree), and denied. This, despite a bunch of them having graduated from highly-ranked U.S. universities with majors in Computer Science, and working as SWEs. The companies often submit reams of documentation showing that the position needs a degree, but to no avail. It's become nearly impossible to convince USCIS that a job requires a degree, these days. Salary is quite irrelevant. It seems like a large cohort of USCIS officers are trying to eliminate everyone on the H1B, and this is being encouraged by the Trump administration. The sad thing is that denials are completely arbitrary and random, and depends on who looks at the case. I know one person who got approved (for a job as a SWE), soon after graduating from college (transitioning from OPT), despite a low (~100k) salary. So some people get lucky, and slip through the cracks, so to speak. But in general, USCIS isn't judging cases by their merit, they're not treating jobs with high salaries favorably; the general attitude of this administration seems to be that: if you're from another country, we don't want you here, no matter how well-qualified or well-paid you are.
- jbay808 7y ago
  "despite a low (~100k) salary." Reading things like this on HN reminds me to put the screen away and go outside and breathe some fresh air.
  - pizza234 7y ago
    Don't forget to normalize for welfare and cost of life. For a very general outlook, see for example: https://www.expatistan.com/cost-of-living/comparison/san-francisco/toronto https://www.expatistan.com/cost-of-living/comparison/san-fra...

digianarchist 7y ago

Why aren't you using a TN visa?

herval 7y ago
Not OP, but I’d imagine because there’s no path for greencard on TN
- digianarchist 7y ago
  You can apply for a Green Card on a TN visa you just can't renew your TN if you do.
  - ojbyrne 7y ago
    That’s not correct. TN visa is a non-immigrant intent visa. The path from TN to green card (which I’ve done) is TN -> H1B (dual intent) -> green card.
    - diab0lic 7y ago
      I would guess the route you outlined is the typical route for Canadians, but one can go from TN -> GC.
    - digianarchist 7y ago
      Nope. You can apply for a Green Card when on a TN visa. One of my coworkers is doing so right now. https://legalservicesincorporated.com/can-i-apply-for-a-green-card-on-a-tn-visa-can-i-convert-my-tn-visa-to-a-green-card/ https://legalservicesincorporated.com/can-i-apply-for-a-gree...
      - ojbyrne 7y ago
        That is interesting, though it seems pretty tenuous. When I started down the path to a GC, TNs we’re indeed 1 year and H1Bs were under quota, so different conditions.
- mattm 7y ago
  Common misconception but not true at all. It's just slightly riskier.
- Mikeb85 7y ago
  Who cares? For most Canadians, the goal would be to make some money then go back. The US is a downgrade from Canada in most metrics.
  - jbarham 7y ago
    > The US is a downgrade from Canada in most metrics. As a Canadian who worked in the US for 4.5 years I'd say it's exactly the opposite. The only disadvantage I found working in the US compared to Canada was the absurd process for getting a green card whilst on an H1-B, which is why I now live in Australia. Otherwise the US was better in every way to Canada: - weather (SoCal) - salary - job opportunities - cost of living - health care (granted provided as part of the package by my employers) There's a reason most of the top CS graduates in Canada end up in the US.
    - hash872 7y ago
      > Otherwise the US was better... health care (granted provided as part of the package by my employers) I'd be fascinated to hear more if you're open. It's a very common (populist) framing in the US that we have Literally The Worst Healthcare System Ever and every other developed country has a better one- I'd love to hear your perspective as a dual
      - jbarham 7y ago
        The US healthcare system is probably the best in the world if you're rich. I had the usual PPO plan when I worked as a SW engineer in the US. It was fine given that my wife and I were young and healthy. We still paid a couple of thousand dollars out of pocket when our son was born after a perfectly normal delivery which was a bit annoying, but again I could afford it so no big deal. However, our next door neighbour, who was an American citizen and worked as a courier, did not have health insurance provided through his employer which was almost certainly a contributing factor to him dropping dead of a heart attack in his mid 40s leaving behind a wife and young son. I think it's safe to assume that his life expectancy would have been higher if he'd lived in a country like Canada or Australia where there is universal healthcare, especially for potentially life threatening conditions. I think it's unfortunate that Canada is used as the most common comparison in the universal healthcare debate in the US since (even as a Canadian) I think the Canadian healthcare system is worse than pretty much any other developed country except the US! I'm currently living in Australia where I think the healthcare system is excellent since it combines a base universal healthcare system with a parallel private system with relatively affordable private insurance (which I pay for myself, it's totally separate from your employer). This model is similar in most other West countries (e.g., UK, Germany, France, Sweden (!)), the notable exception being Canada where there is no meaningful private healthcare option, unless you can afford to pay cash in the US, which e.g. a former boss of Vancouver did. So it makes it more difficult for Americans to claim the Canadian system is better when the fact is that many (albeit relatively wealthy) Canadians jump the public queue in Canada by going to the US.
- dmix 7y ago
  You have to show up at the border day of to get a TN visa and there's no guarantee you'll get it. H1B is a much more reliable and safer path which is why it's prefered.
  - ojbyrne 7y ago
    It’s much easier to get a TN because there is no quota. Because the H1B is subject to lottery because more people apply than the quota, you have to apply in April to start a job in October. That’s generally not welcome by most employers.
  - azundo 7y ago
    You can apply and get a TN-1 without doing so crossing a border [1]. If you have a straightforward application though there's no reason to which is why so many people just apply on their way though. [1] https://help.cbp.gov/app/answers/detail/a_id/978/~/how-to-obtain-a-tn-nonimmigrant-classification-as-a-canadian-or-mexican-citizen https://help.cbp.gov/app/answers/detail/a_id/978/~/how-to-ob...

winter_blue 7y ago

I've heard of multiple people who were making $200k+ at medium-to-small size companies having their H1B transfers or extensions denied in the past year and half. As far as I'm aware, in all cases, USCIS said that their job didn't qualify as a "specialty occupation" (i.e. one that requires a bachelor's degree), and denied. This, despite a bunch of them having graduated from highly-ranked U.S. universities with majors in Computer Science, and working as SWEs. The companies often submit reams of documentation showing that the position needs a degree, but to no avail. It's become nearly impossible to convince USCIS that a job requires a degree, these days. Salary is quite irrelevant. It seems like a large cohort of USCIS officers are trying to eliminate everyone on the H1B, and this is being encouraged by the Trump administration. The sad thing is that denials are completely arbitrary and random, and depends on who looks at the case. I know one person who got approved (for a job as a SWE), soon after graduating from college (transitioning from OPT), despite a low (~100k) salary. So some people get lucky, and slip through the cracks, so to speak. But in general, USCIS isn't judging cases by their merit, they're not treating jobs with high salaries favorably; the general attitude of this administration seems to be that: if you're from another country, we don't want you here, no matter how well-qualified or well-paid you are.

jbay808 7y ago
"despite a low (~100k) salary." Reading things like this on HN reminds me to put the screen away and go outside and breathe some fresh air.
- pizza234 7y ago
  Don't forget to normalize for welfare and cost of life. For a very general outlook, see for example: https://www.expatistan.com/cost-of-living/comparison/san-francisco/toronto https://www.expatistan.com/cost-of-living/comparison/san-fra...