H-1B Question

[Dr_LHA 3]

[*]H1-b's being dual-intent, a substantial number DON't return home (Visa Bulletin). In fact, a substantial number enter(ed) as students and then decide(d) to stay.

(as someone who has actually worked on temp visa--in this case, TN-1--and observed H1-b colleagues...)

Add me to the list of people who had an H-1B and ended up staying. I also know great deal of people who have gone this route. H-1B is generally designed as a path to LPR status, hence why it is dual-intent. I know plenty of LPRs who were once H-1Bs, a number of which are Indian, including my soon to be brother-in-law.

[Saddle Bronc 124]

[*]H1-b's being dual-intent, a substantial number DON't return home (Visa Bulletin). In fact, a substantial number enter(ed) as students and then decide(d) to stay.

(as someone who has actually worked on temp visa--in this case, TN-1--and observed H1-b colleagues...)

Add me to the list of people who had an H-1B and ended up staying. I also know great deal of people who have gone this route. H-1B is generally designed as a path to LPR status, hence why it is dual-intent. I know plenty of LPRs who were once H-1Bs, a number of which are Indian, including my soon to be brother-in-law.

Even the dual-intent issue can be misleading, as obviously USCIS cannot prevent a holder (who is already in US) from developing such. Can you guess which is the third nation by rank for H1-b's? No surprise, Canada (about 99% are I-129 swaps from TN-1).

And even the issue of dual-intent breaks down when the visa (TN-1 is not supposed to be dual-intent) is renewed by mail (for employment-based GC's, the TN-1 holder can renew until an I-485 is submitted if doing AOS; for Consular Process, right till just before the appointment @ Montreal)

Edited April 25, 2007 by CherryXS

[Lucky7 0]

I am one of those who decided to stay after schooling in U.S. I graduated with BA of Art Architecture, and I was hired by an architectural firm right before graduating from school. I had Optional Practical Traning Visa and my employer offered me H1B visa 6 months before my OPT expires . I changed my employer 4 times in the past 7 years though. If you have a degree from college in U.S, your degree should match your job description. My case, I have Architectural degree, so I could work for architectural field only. I love designing and I cannot be happier with my profession, but sometimes I felt like "I have no choice in my life in U.S."

[homesick_american 1]

Your post only proves you are ignorant about temp visas.

1. (unrenewed) H1-b's HAVE been capped since 1989; generally @ 65,000/fiscal year, sometimes extended by presidential authority (Clinton did this in FY1998/1999).

I am actually aware of this. The point I was trying to make is that some companies...and India...want the US to either increase the cap or get rid of it. I am against both of these.

H1-b's being dual-intent, a substantial number DON't return home (Visa Bulletin). In fact, a substantial number enter(ed) as students and then decide(d) to stay.

(as someone who has actually worked on temp visa--in this case, TN-1--and observed H1-b colleagues...)

Sure, a lot of them did that in the past. What I'm telling you and what you're not believing is that companies in India have admitted to using the H1-B to commit industrial espionage. If you don't want to believe that, I don't really care...it doesn't make it any less true.

[Saddle Bronc 124]

Sure, a lot of them did that in the past. What I'm telling you and what you're not believing is that companies in India have admitted to using the H1-B to commit industrial espionage. If you don't want to believe that, I don't really care...it doesn't make it any less true.

Have you actually got any stats on H1-b's returning home?

The vast majority don't--so it would be a rather ineffective method of industrial espionage.

[^KK^ 3]

Well this year over USCIS received over 150,000 applications for the 65k visas on the first day, April 2nd. They are now using the lottery system (for this year) to pick the visa recipents. My co-worker is waiting by the phone and email for an answer.

[homesick_american 1]

Sure, a lot of them did that in the past. What I'm telling you and what you're not believing is that companies in India have admitted to using the H1-B to commit industrial espionage. If you don't want to believe that, I don't really care...it doesn't make it any less true.

Have you actually got any stats on H1-b's returning home?

The vast majority don't--so it would be a rather ineffective method of industrial espionage.

It's a recent trend. It has been widely reported over the last month; if you choose to ignore it it's your business, but the H1-B is being exploited. I don't really care what happened 5 or 10 years ago...what is important is now, 2007, and this is what's happening NOW.

[moonhunt 1]

Sure, a lot of them did that in the past. What I'm telling you and what you're not believing is that companies in India have admitted to using the H1-B to commit industrial espionage. If you don't want to believe that, I don't really care...it doesn't make it any less true.

Have you actually got any stats on H1-b's returning home?

The vast majority don't--so it would be a rather ineffective method of industrial espionage.

It's a recent trend. It has been widely reported over the last month; if you choose to ignore it it's your business, but the H1-B is being exploited. I don't really care what happened 5 or 10 years ago...what is important is now, 2007, and this is what's happening NOW.

Hey Guys, it is irrelevant to this topic.

Industrial espionage is common despite H-1B visa any way. Company A is scouting talented people from Company B with perks, benefit, and higher salary, isn't it? Those people bring their knowledge for Company B even though they may have NDA with Company B. :-)

It's not new.

I was H-1B, and am staying with same company for almost 9 years.

Nowadays H-1B is kind of difficult to get, because the company needs to file for individual, and wait for how many months? without guarantee whether it's going to be approved or not...

Principle of H-1B is following.

1) Compnay needs to file for individual. Individual can not file it for himself/herself.

2) Company needs to maintain reasonable financial cash-flow to pay for his/her salary. That means that company should make profit, and be able to pay for H-1B filing cost and salary.

3) Job should be posted over public - newspaper and/or job recruit site - for the period to prove that no US Citizen is available for that position.

4) Labor Ceritification should be passed from DOL, which means the salary should be more than prevailing wage for that position.

5) Job description/requirement should be matched from college degree he/she has or higher. Without the college degree - 4 years - , I think it can be substituted with 12 years on-the-job experience.

6) Job description/requirement shows that the job itself requires at least college degree - 4 years -.

7) Job position should be posted at the site for 15 days ( 30 days) or longer.

8) Company needs enough patience to wait for H-1B filing/processing time.

9) You should have luck with company hired laywer's efficiency and best luck to get through USCIS processing to become one of first 65,000 when USCIS open to receive the H-1B petition every year October 1. (Actually they start to receive it a couple of days prior to October 1, but if you file too earlier, they will return it without holding it for October 1 processing.)