7 ms·

Was this not known when signing up for H1B?

by eppp 4y ago

UncleMeat 4y ago
Of course it was known. The system itself is shitty to immigrants. But "well you signed up, deal with it" is an empathy-free way of responding to this sort of situation. An Indian or Chinese citizen can come to the US for undergrad, get a PhD in CS at a top US university, be unable to get o1 for a variety of reasons, end up with h1b, and be on a decades-long waiting list for a green card. This person can get married and raise a family while still waiting for that green card. Being weeks away from deportation is unimaginably terrifying.
- prvc 4y ago
  What makes them entitled to stay in the US without working in a "specialty occupation"?
  - kaashif 4y ago
    I mean, some people are coming at this from some kind of altruistic angle, but let's be pragmatic: immigration is the American superpower and the key to expanding the dominance of American companies decades into the future.
    - UncleMeat 4y ago
      Yep even if you take a maximally cynical view and think of policies exclusively from the perspective of rival nation states, I have no idea how you'd conclude that pulling very large numbers of smart people from China to the US is bad for America's hegemonic influence in world politics.
- eppp 4y ago
  Lying about job requirements to import lower paid hostages has been an issue on here for years. I have empathy for the individual but they are also hurting me by doing what they are doing even if it is rational for them.
  - UncleMeat 4y ago
    Software jobs create software jobs. I find it very hard to believe that the US bringing in a lot of people from around the world to work in software has actually hurt you. A major reason why tech compensation is so huge in the US is because it is a tech center, and a large part of that is because we draw people from the entire world.
- sweaty 4y ago
  This happened to me (and is in part why I'm a tad salty in the comments), I was a H1B and in the process of adjustment of status. While your green card application is pending, you're legally in a grey area if your H1B expires. I had to leave for family circumstances but advanced parole took months to process, I figured it would be okay since it was a serious emergency. Upon returning I was told I couldn't re-enter the US because even though my stay in the US was completely legal, I had technically overstayed the terms of my H1B. The USCIS policy and CBP policy differs around this. There's a specific USCIS policy memo that mentions this actually. So I'm now banned, no leniency, no understanding for the situation.
  - UncleMeat 4y ago
    I'm very sorry this happened to you. US immigration is heartless in a huge number of ways.
  - whoooooo123 4y ago
    What does 'advanced parole' mean in this context?
    - junar 4y ago
      Advance parole is the permission to leave and re-enter the US while your green card application is pending. USCIS is pretty backlogged right now, so getting anything approved, including advance parole, can take longer, which leads to bad experiences like this one. https://www.cbp.gov/travel/us-citizens/advance-parole https://www.cbp.gov/travel/us-citizens/advance-parole
- 988747 4y ago
  > This person can get married and raise a family while still waiting for that green card. That's your mistake right here - making long term plans while being on temporary visa. Just assume that you're here for a few years to make money, and then need to go back to your home country. That's the idea behind H-1B visas anyway.
  - adityasaky 4y ago
  - chimeracoder 4y ago
    > That's your mistake right here - making long term plans while being on temporary visa. Just assume that you're here for a few years to make money, and then need to go back to your home country. That's the idea behind H-1B visas anyway. Just to be clear, since H-1B (or visas with similar restrictions) are the only path to permanent residency for people of many countries, this attitude is tantamount to "we don't want any immigrants from ______, period".
  - UncleMeat 4y ago
    The green card wait for chinese and indian citizens is decades long. This is "don't make any long term plans until you are 50" kind of advice. The idea behind h1b is to bring people to this country to work in useful and productive ways. Telling people to get the fuck out after a few years of work (even if they've spent 8-10 years in school here prior to that) is heartless and definitely not good for the country.
    - MichaelCollins 4y ago
      > The idea behind h1b is to bring people to this country to work in useful and productive ways. Specifically, in a temporary way. H1B is not an immigration visa, it's a temporary working visa, for which duel-intent is acknowledged (it's legal for an H1B holder to intend to get and apply for a green card.) But at the end of the day, an H1B visa is still a temporary work visa, not an immigration visa. I'm not saying I like it. If it were up to me all the temporary work visas would be done away with and replaced with a system of permanent visas. But it is what it is.

Was this not known when signing up for H1B?

by eppp 4y ago

Was this not known when signing up for H1B?

Of course it was known. The system itself is shitty to immigrants. But "well you signed up, deal with it" is an empathy-free way of responding to this sort of situation. An Indian or Chinese citizen can come to the US for undergrad, get a PhD in CS at a top US university, be unable to get o1 for a variety of reasons, end up with h1b, and be on a decades-long waiting list for a green card. This person can get married and raise a family while still waiting for that green card. Being weeks away from deportation is unimaginably terrifying.

prvc 4y ago
What makes them entitled to stay in the US without working in a "specialty occupation"?
- kaashif 4y ago
  I mean, some people are coming at this from some kind of altruistic angle, but let's be pragmatic: immigration is the American superpower and the key to expanding the dominance of American companies decades into the future.
  - UncleMeat 4y ago
    Yep even if you take a maximally cynical view and think of policies exclusively from the perspective of rival nation states, I have no idea how you'd conclude that pulling very large numbers of smart people from China to the US is bad for America's hegemonic influence in world politics.
eppp 4y ago
Lying about job requirements to import lower paid hostages has been an issue on here for years. I have empathy for the individual but they are also hurting me by doing what they are doing even if it is rational for them.
- UncleMeat 4y ago
  Software jobs create software jobs. I find it very hard to believe that the US bringing in a lot of people from around the world to work in software has actually hurt you. A major reason why tech compensation is so huge in the US is because it is a tech center, and a large part of that is because we draw people from the entire world.
sweaty 4y ago
This happened to me (and is in part why I'm a tad salty in the comments), I was a H1B and in the process of adjustment of status. While your green card application is pending, you're legally in a grey area if your H1B expires. I had to leave for family circumstances but advanced parole took months to process, I figured it would be okay since it was a serious emergency. Upon returning I was told I couldn't re-enter the US because even though my stay in the US was completely legal, I had technically overstayed the terms of my H1B. The USCIS policy and CBP policy differs around this. There's a specific USCIS policy memo that mentions this actually. So I'm now banned, no leniency, no understanding for the situation.
- UncleMeat 4y ago
  I'm very sorry this happened to you. US immigration is heartless in a huge number of ways.
- whoooooo123 4y ago
  What does 'advanced parole' mean in this context?
  - junar 4y ago
    Advance parole is the permission to leave and re-enter the US while your green card application is pending. USCIS is pretty backlogged right now, so getting anything approved, including advance parole, can take longer, which leads to bad experiences like this one. https://www.cbp.gov/travel/us-citizens/advance-parole https://www.cbp.gov/travel/us-citizens/advance-parole
988747 4y ago
> This person can get married and raise a family while still waiting for that green card. That's your mistake right here - making long term plans while being on temporary visa. Just assume that you're here for a few years to make money, and then need to go back to your home country. That's the idea behind H-1B visas anyway.
- adityasaky 4y ago
- chimeracoder 4y ago
  > That's your mistake right here - making long term plans while being on temporary visa. Just assume that you're here for a few years to make money, and then need to go back to your home country. That's the idea behind H-1B visas anyway. Just to be clear, since H-1B (or visas with similar restrictions) are the only path to permanent residency for people of many countries, this attitude is tantamount to "we don't want any immigrants from ______, period".
- UncleMeat 4y ago
  The green card wait for chinese and indian citizens is decades long. This is "don't make any long term plans until you are 50" kind of advice. The idea behind h1b is to bring people to this country to work in useful and productive ways. Telling people to get the fuck out after a few years of work (even if they've spent 8-10 years in school here prior to that) is heartless and definitely not good for the country.
  - MichaelCollins 4y ago
    > The idea behind h1b is to bring people to this country to work in useful and productive ways. Specifically, in a temporary way. H1B is not an immigration visa, it's a temporary working visa, for which duel-intent is acknowledged (it's legal for an H1B holder to intend to get and apply for a green card.) But at the end of the day, an H1B visa is still a temporary work visa, not an immigration visa. I'm not saying I like it. If it were up to me all the temporary work visas would be done away with and replaced with a system of permanent visas. But it is what it is.