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So.. I applied for BoA Travel Rewards visa through my wifes name and was able to piggy back myself as a secondary card holder to start building credit now.. while waiting for my green card to be processed. The CC application asked for either my SSN, Birthday or Address. I just used my birthday.
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Apr 22, 2015 04:40
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lol internet. posted:So.. I applied for BoA Travel Rewards visa through my wifes name and was able to piggy back myself as a secondary card holder to start building credit now.. while waiting for my green card to be processed. Does that work? Getting a secondary card and building credit? I would think that that would only build credit for your wife (this is a problem I'm trying to solve at the moment too). I entered the country with a fully paid visa 3 weeks ago and still don't have my green card :|
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Apr 22, 2015 18:14
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While in Canada my husband could leave a grand with the bank and get a card with that as the limit. Once the card was cancelled he'd get the money back, and if he didn't pay the card off the money in trust would be used to do so. Does your husband's bank in the States have an option for anything like that you could take advantage of? Also does anyone know if you can do volunteer work while visiting the states? I'm looking at being there for close to the 180 day limit and I'd like to have something to do instead of sit at my husband's apartment all day. This seems like it might fall into a grey area though?
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Apr 22, 2015 18:24
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Yeah TD Bank do have one of those but honestly I'm too scared to apply in case I get refused and that affects my credit rating, I asked the bank manager about it and he said though he didn't see a single reason why I would be refused, it couldn't be guaranteed. I just don't want to risk it, I feel a bit trapped! Also I don't want to hand over my money, dammit. 
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Apr 22, 2015 18:48
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Yes, the US has those, they are called Secured Cards and they are the go-to option for people with no/bad credit. If you have one for a little while and don't gently caress it up you can generally convert it to an unsecured card. AzureSkye posted:Also does anyone know if you can do volunteer work while visiting the states? I'm looking at being there for close to the 180 day limit and I'd like to have something to do instead of sit at my husband's apartment all day. This seems like it might fall into a grey area though? Part of this is a blurry line between immigration law and employment law. There are things that you can do that would probably be ok for immigration purposes (because you are not being paid/employed) but would actually not be ok from employment law perspectives (because you are doing what should be paid work without compensation). In the latter cases, though, its more an issue for the company/organization. But as a short answer, yes, you can volunteer in typical volunteer roles.
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Apr 22, 2015 19:05
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Ashcans posted:Yes, the US has those, they are called Secured Cards and they are the go-to option for people with no/bad credit. If you have one for a little while and don't gently caress it up you can generally convert it to an unsecured card. I'm seriously considering getting one of these. I finally got assigned a SSN not too long ago and just opened up an account with TD bank, just regular checking account with a debit card tied to it though.
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Apr 22, 2015 19:22
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When I came to the US it was before the crash and there were people standing on campus to throw credit cards at any student who would pick one up, but I guess those halcyon days are past.  A secured card is definitely a place to start building credit - if you have a checking account, talk to that bank about starting a card, because they are more like to help a client (especially if they can see you have cash with them already). There is also a Newbie Finance thread in BFC that is probably a good read for any recent arrival to the US. And in 3-5 years, remember to come back for the 'Dealing with Debt Collectors' thread. The American Dream!
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Apr 22, 2015 19:31
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Ashcans posted:When I came to the US it was before the crash and there were people standing on campus to throw credit cards at any student who would pick one up, but I guess those halcyon days are past. I'll ask them at the branch office. Also got a (lovely) job in the US now, so maybe that will help. Ashcans posted:There is also a Newbie Finance thread in BFC that is probably a good read for any recent arrival to the US. And in 3-5 years, remember to come back for the 'Dealing with Debt Collectors' thread. The American Dream! I'll look it up, thanks! 
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Apr 22, 2015 19:56
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Sharks Below posted:Does that work? Getting a secondary card and building credit? I would think that that would only build credit for your wife (this is a problem I'm trying to solve at the moment too). From the research I've done.. it looks like it does. Either way, I plan to keep my Canadian AMEX\Canadian Chase Visa opened in Canada when I move to the US. Apparently you can reference those accounts when you apply for a card in the US. Unrelated question though, my wifes I-130 application for me requested evidence of a bona fide marriage. Once submitted, how long can I expect to wait to hear about the immigration interview assuming there are no issues with the evidence? Also, interviews only take place in Montreal? Not Toronto? and the green card is approved on the spot at the interview if there are no issues correct?
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Apr 22, 2015 21:14
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What kind of visa are you applying for? K3 or IR1/CR1?
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Apr 22, 2015 22:36
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Sharks Below posted:What kind of visa are you applying for? K3 or IR1/CR1? IR1/CR1
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Apr 23, 2015 00:12
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Ok so I just came out the other side of that exact visa. You have a very long and stressful ride ahead of you. Your i-130 is the easiest part of the process. This is just the petition to apply for the visa. First thing you'll get is an NOA1 - that tells you that they received it. After that you have a wait to receive NOA2 - which is them saying that your petition is fine and it's being sent to the visa centre. Some people wait 5-8 months for NOA2. I waited 6 days - there is some talk that when both people (petitioner and beneficiary) are outside of the USA, you get expedited. This hasn't been confirmed but it seems to be a pattern. This time also depends on which service centre you get sent to. California is the fastest and Texas seems to be the slowest I think, from what I remember. Pray for CA. When the NVC (national visa centre) gets your package, they will send you your case file number, invoice ID and a few other things like that. You then use the online system to send in your DS-261, which is confirming who will get contacted about your visa stuff basically, ie you and your partner. Then you have to wait for your AOS fee to be payable. While you're waiting, I suggest you get all your financial documents together. You can find out what you'll need (and whether you need a joint sponsor) on the NVC website - usually tax returns or full transcripts, w2s, all that jazz. Then when your AOS fee comes up to be paid you pay it, and send in your AOS documents (these can now be good quality copies not originals, thank god, we came in just before this change and had to send all my original documents) as well as your i-864s for your sponsor/s and all the other stuff you are told to send in. At this time you can also send your IV documents (civil documents (birth, marriage, police, military, adoption, divorce certs etc)) if you want, there doesn't seem to be any difference in waiting for the IV bill which is the next thing to pay, after which you complete the DS-260 online which is an ENORMOUS online form about your previous addresses, employment, family etc - have a look at a sample of it to see what you're in for. After your last scanned date (ie, the date that they receive your final set of documents whatever they may be) you wait 60 days for them to review those. Then, if you're all good, you get a case complete. If not, you get a checklist and have to do something again or send further documentation and it can't be overstated how stupid these can be - we got one for the most unimportant blank field ever! Then you send in those documents (ie by mail) and wait another 60 days for them to check them and respond. Rinse repeat. If you get a case complete then depending on your embassy (yes yours is Montreal only, not Toronto) you can either set your interview date or they'll tell you what it is. You have to get a medical by a panel physician before this. At your interview you can either be approved on the spot (majority of cases) or sent into Administrative Processing (this happened to me, through no fault of my own, it was 100% the fault of the interviewing officer who was straight-up wrong). I was only in AP for 2 weeks thank god, but we had to get our Congresswoman involved. So, beginning to end, sending petition to having visa in hand and leaving, was 9 months. That's not considered a terribly long process. We had a checklist which added 60 days to our time, so even if we did not have a checklist we would have been at 7 months. I hope this helps, I strongly recommend the visajourney forum, I would have hosed up so many things without that forum and all its wikis! There's also some very scary wording of totally innocuous things that you can look up and be reassured which helped me a lot. Good luck, vent much, be patient, stay strong. Sharks Below fucked around with this message at 00:28 on Apr 23, 2015 |
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Apr 23, 2015 00:26
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Thanks for the thorough indepth process. Hopefully I get a expedited NOA2. I plan on importing my car to the US so it will also be beneficial for me to sign up at that site. In regards to the medical. Is it like a full on naked physical? Or just basic stuff? Not that I have a choice I imagine, but good to know what to expect.
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Apr 23, 2015 00:41
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lol internet. posted:Thanks for the thorough indepth process. Hopefully I get a expedited NOA2. I plan on importing my car to the US so it will also be beneficial for me to sign up at that site. It's fairly full on, the guy who did mine was saying that they've had to crack down on genital exams lately because of a spate of people whose genders were... well the truth was bent a little from what I understand. But he didn't touch my actual genitals, he just did the 'palpate ovaries and cough' thing. I believe that some doctors do do the full genital examination but it's not too invasive especially if you know what to expect. It's mostly a LOT of yes/no questions, a basic vision test, blood pressure all that jazz. I would also recommend getting your vaccination records and/or getting up to date with what you need, because they can be expensive to get at the visa medical especially if you have the ability to get (some of) them done under your universal healthcare like I did in Australia.
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Apr 23, 2015 00:49
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I guess my wife and I need to apply for the removal of the conditional status of her permanent residency later this year. How crazy do you really have to go with all the evidence of marriage stuff? Is like, a shared bank account, a shared lease, and a couple photos enough? I don't imagine they want a huge scrapbook. My wife was approved for the initial permanent residency without any interview so I'm a little bit less paranoid about the process than I was the first go-round when I did send like a gazillion pictures.
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Apr 25, 2015 02:40
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As long as you are both filing/signing the I-751, it isn't usually too bad to deal with. What gets big flags for scrutiny is when only the beneficiary signs it, the marriage has been dissolved, or you are not cohabiting. Then they want to ask a lot of questions. If you are still together and have kept/continued to do things together, you can probably submit the above and be fine. If you have a lease, shared accounts, and some evidence of shared address (copies of your licenses, some of your mail, whatever) and photos I wouldn't expect you to have any problems. Or get knocked up. Throw an ultrasound/birth certificate in there and no one is going to look twice.
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Apr 25, 2015 02:47
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Ashcans posted:As long as you are both filing/signing the I-751, it isn't usually too bad to deal with. What gets big flags for scrutiny is when only the beneficiary signs it, the marriage has been dissolved, or you are not cohabiting. Then they want to ask a lot of questions. If you are still together and have kept/continued to do things together, you can probably submit the above and be fine. If you have a lease, shared accounts, and some evidence of shared address (copies of your licenses, some of your mail, whatever) and photos I wouldn't expect you to have any problems. I read an article in the NY Times about this process before and during the interview the guy offered the fact that his wife was pregnant as proof of their marriage's being genuine and the guy shot back at him "Is it yours?" But, uh, seems like the process varies quite a bit in scrutiny depending on where your spouse comes from.
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Apr 25, 2015 02:49
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RICHUNCLEPENNYBAGS posted:I guess my wife and I need to apply for the removal of the conditional status of her permanent residency later this year. How crazy do you really have to go with all the evidence of marriage stuff? Is like, a shared bank account, a shared lease, and a couple photos enough? I don't imagine they want a huge scrapbook. I just gave them as muuuuch evidence as possible. I did this in Jan. Please note, as I didn't until the last minute, that the signed affadavits from friends need to be original copies unlike all other evidence. This meant that I was limited in who I could ask since they had to be within driving distance the. night before  I'm still waiting for the result but apparently that's totally normal. Expecting it no sooner than July, could take months longer
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Apr 26, 2015 01:10
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RICHUNCLEPENNYBAGS posted:I read an article in the NY Times about this process before and during the interview the guy offered the fact that his wife was pregnant as proof of their marriage's being genuine and the guy shot back at him "Is it yours?" But, uh, seems like the process varies quite a bit in scrutiny depending on where your spouse comes from. Unfortunately there are definitely individual officers who are assholes - this is much more likely to manifest in an interview situation because most officers have the sense not to put 'prove this child is yours' in writing and mail it to someone. There was someone who was busted some years ago for trying to pressure applicants into having sex with him and implying he'd kill their petitions if he didn't, but turns out that didn't work in his favor (I think, fingers crossed).
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Apr 26, 2015 01:21
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Ashcans posted:Unfortunately there are definitely individual officers who are assholes - this is much more likely to manifest in an interview situation because most officers have the sense not to put 'prove this child is yours' in writing and mail it to someone. There was someone who was busted some years ago for trying to pressure applicants into having sex with him and implying he'd kill their petitions if he didn't, but turns out that didn't work in his favor (I think, fingers crossed). I've sat in on quite a few I-130 interviews, and USCIS officers have always been quite mild. Standard questions about how many windows in the bedroom, bedsheets, shower door or curtain, but nothing too intimate. The obnoxious officers probably tone it down when there's an attorney present.
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Apr 26, 2015 01:29
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RICHUNCLEPENNYBAGS posted:I guess my wife and I need to apply for the removal of the conditional status of her permanent residency later this year. How crazy do you really have to go with all the evidence of marriage stuff? Is like, a shared bank account, a shared lease, and a couple photos enough? I don't imagine they want a huge scrapbook. You don't necessarily need tons of pictures (pictures are actually the least helpful form of evidence), but you do need documentation that spans as much of the time period of her residency as possibly. I got an RFE because I only submitted our most recent lease and a representative sample of joint bank statements (though some suspect that the Vermont Service Center like to send out spurious RFE's when their processing times start getting too high). I replied to the RFE with our leases from the past two years (including the one we submitted with the original I-485), every old joint insurance statement we could find, and a year and a half of monthly bank statements. My wife had her 10-year green card a month later. So, is your wife on your insurance (health, auto, or otherwise)? Include it. Include every lease you have both been on (the WHOLE thing). Include every bank statement or credit card statement that has both of your names on it. If you have utility bills in both names, include those. They want to see a complete story that spans about two years or so, not just a couple snapshots. TheImmigrant posted:I've sat in on quite a few I-130 interviews, and USCIS officers have always been quite mild. Standard questions about how many windows in the bedroom, bedsheets, shower door or curtain, but nothing too intimate. The obnoxious officers probably tone it down when there's an attorney present. If the story they see beforehand makes sense, it doesn't seem like they dig too deeply. The interview for my wife's green card consisted of them asking me a bit about my job, and what our first date was like. He then congratulated us on the quality of the application we put together (since we didn't have a lawyer present), and gave my wife her I-551 stamp. He never asked to see a single document besides my wife's passport to stamp it. That having been said, my wife was adjusting from an F-1 after having been here for a couple years and we had met in grad school. Our documentation supported that story and it made sense to the interviewer. On the other hand, I would suspect that someone who has overstayed for eight years and suddenly finds a US citizen spouse right before they get deported or the 70-year old guy with the 20-year old K-1 spouse who can't speak the same language would get a bit more scrutiny. Powerlurker fucked around with this message at 18:16 on Apr 26, 2015 |
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Apr 26, 2015 18:05
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Anyone import a car as a personal belonging to the US before when immigrating? From what I'm reading so far.. it looks like you will need to pay state taxes to register the car? Which kind of sucks of course.. I assume the Kelly Blue Book value? My destination state would be WA. edit: The car is actually my wifes car which she exported from the US and imported it to Canada, then transferred the ownership to me prior to her going back to the US. If I do indeed need to pay taxes on registering the car again, can't I just get my wife to re-apply for a "lost title" and then have her register it in her name? It was initially purchased and plated in WA. lol internet. fucked around with this message at 12:11 on Apr 27, 2015 |
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Apr 27, 2015 11:43
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Sort of relevant question for the thread, I'm applying for a B-2 visa in the UK to visit my girlfriend + friends in the USA. I'm unemployed and 28 but have a bunch of mental health referalls to neuropsychology to get checked for the sperg n stuff and am aiming to return to do that. I'm broke but my parents support me and one of my friends filled out an affidat of support for me because he rules, he's also paying for tickets and giving me free room n board. Is the visa interview official dude gonna just freak and deny me immediately or do I have a hope in hell here.
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Apr 27, 2015 19:57
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Is there a particular reason you are applying for the visa? If you are a UK citizen you qualify for the visa waiver program using ESTA. Is there a reason you aren't doing that? (if so, this reason is likely more significant than the other stuff). When you say your parents support you, I assume that means you live at home? If not, some evidence of your residence is good. If you have a job, proof that you are working and may be returning to the UK for that is also helpful. You are trying to answer the question 'why would you come back to the UK' - medical stuff is pretty helpful, especially if you have appointments lined up and everything. Don't talk about how you are thinking about popping the question to your girlfriend during your trip, or how you have always felt like an American at heart and would like to live there one day (because those things suggest immigrant intent). Make sure you can answer questions about when you will be returning and what you will be doing on your return.
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Apr 27, 2015 20:05
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We're about a week out from being able to file form I-751. Only issue really is that the form available on the USCIS websites says "Expires 4/30/2015" and no newer form is available. What's the deal, can we use the old form? Also any suggestions for what kind of "supporting evidence" to send along? We don't have kids yet nor do we own a house (do share an apartment, copy of lease on hand). I've heard stories of people sending like pictures from their weddings and what not which just sounds .. creepy-ish. Guess we could send our collection of selfies of us taken with our cat and give someone a laugh. Sheep fucked around with this message at 02:27 on May 6, 2015 |
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May 6, 2015 01:59
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Sheep posted:We're about a week out from being able to file form I-751. Only issue really is that the form available on the USCIS websites says "Expires 4/30/2015" and no newer form is available. What's the deal, can we use the old form? Its always better to have more than less, but selfies are among the least persuasive bits of evidence. At the end of the day, marriage interviews are about catching fraud, and selfies are some of the easiest stuff to fake.
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May 6, 2015 02:40
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Sheep posted:Guess we could send our collection of selfies of us taken with our cat and give someone a laugh. Yes because that's much less creepy than actual wedding photos? 
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May 6, 2015 03:42
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Sheep posted:We're about a week out from being able to file form I-751. Only issue really is that the form available on the USCIS websites says "Expires 4/30/2015" and no newer form is available. What's the deal, can we use the old form? quote:Also any suggestions for what kind of "supporting evidence" to send along? We don't have kids yet nor do we own a house (do share an apartment, copy of lease on hand). I've heard stories of people sending like pictures from their weddings and what not which just sounds .. creepy-ish. Guess we could send our collection of selfies of us taken with our cat and give someone a laugh. If you want to talk about 'creepyish', I have had people send me explicit photos of themselves and their spouse in a hot tub because they thought that was pretty good evidence of the real nature of their relationship. We didn't submit them. You should include documentation that shows you have been living and acting as a couple since your original petition - leases, joint accounts, insurance you share, trips you have taken, photos of you at notable places or events (USCIS doesn't really care about photos of you smiling together on a bench because that's pretty easy to fake. If you have pictures of the trip you took somewhere together, or of you at life events together, it's more useful - although still not a replacement for other documentation).
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May 6, 2015 04:02
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Ashcans posted:The expiration date on the forms has nothing to do with whether it is still accepted by USCIS - that date is related to the OMB, and it basically means that date is the deadline for which the form is supposed to be reviewed and any necessary updates made (in order to prevent forms falling horribly out of date through neglect). If you look up any form on the USCIS website, it will show you the 'edition date' for the current form. Pretty much the form you download from USCIS is always going to be accepted. quote:You should include documentation that shows you have been living and acting as a couple since your original petition - leases, joint accounts, insurance you share, trips you have taken, photos of you at notable places or events (USCIS doesn't really care about photos of you smiling together on a bench because that's pretty easy to fake. If you have pictures of the trip you took somewhere together, or of you at life events together, it's more useful - although still not a replacement for other documentation). Yeah this is all pretty easy then since she's the beneficiary on my 401(k), we're on the same auto/renter's/health insurance policies/apartment lease, and have a joint bank account. Pretty sure I can show enough financial mingling or whatever they want to call it that it won't be a huge deal that we don't have children or a house together yet. Sheep fucked around with this message at 04:31 on May 6, 2015 |
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May 6, 2015 04:26
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Hey Ashcans, another question. I applied for a position located in NY within my company. The hiring manager, who's a former teammate, claims he'd be happy to have me, but he'll need to talk to his boss about relocation. Assuming this is true and they really want me, what are the possible scenarios? Anything I can do to make things smoother from the immigration point of view? I worked in our Germany-based company for about 4 years, about 60/40% as contractor and now employee. EU permanent resident and have been preparing stuff to apply for citizenship but haven't done so yet. I also already have a 5-year B2 visa thanks to your help .
mobby_6kl fucked around with this message at 11:08 on May 6, 2015 |
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May 6, 2015 09:54
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You might be eligible to come to the US on an L-1 visa; seeing as you already work for the company in the EU and they would be transferring you to their office in the US, I am guessing most things would line up. It would mostly be a matter of whether or not the duties meet the mark and if your company has/wants to undertake that petition for you. Without the L, your options are pretty limited. You missed the window this year on an H-1B, which is the go-to work visa for most professional work.
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May 6, 2015 15:12
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Ashcans posted:You might be eligible to come to the US on an L-1 visa; seeing as you already work for the company in the EU and they would be transferring you to their office in the US, I am guessing most things would line up. It would mostly be a matter of whether or not the duties meet the mark and if your company has/wants to undertake that petition for you. Without the L, your options are pretty limited. You missed the window this year on an H-1B, which is the go-to work visa for most professional work. Also like 233k applied for the h1b and only 85k people can get one (or is that just the numbers for tech)
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May 6, 2015 17:29
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Nope, those were the total numbers. Almost three times as many applicants as numbers, I think this is the worst I have seen it in years. Unfortunately if you don't manage to fit into another category the H-1B is basically it for a US work visa, so most of those people don't have other options to switch to. It sucks having to explain to someone that nothing about their petition made any different, they lost the draw just like playing the megamillions. I have been considering making a bitchy post about the H-1B cap this year for weeks but I'm not sure anyone really gives a poo poo. Also, I'm lazy.
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May 6, 2015 17:33
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Apparently I can get around that pesky immigration visa thing by filing a closer connection exception for taxes and basically being a snowbird.
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May 6, 2015 18:18
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Ashcans posted:Nope, those were the total numbers. Almost three times as many applicants as numbers, I think this is the worst I have seen it in years. Unfortunately if you don't manage to fit into another category the H-1B is basically it for a US work visa, so most of those people don't have other options to switch to. It sucks having to explain to someone that nothing about their petition made any different, they lost the draw just like playing the megamillions. Yeah I got mine in like 2010 or so, one of the 2 or 3 years in the recession when the h1b application period remained open all year and the total number available was not reached. Now I am sad that one of my close friends was denied his h1b, and I'm wondering what companies will do to get around this since apparently there are (233,000-85,000) = 148,000 people who american companies wanted to employ and sponsored for an h1b, and now will either have to carry on using their student visa for one year and try again next year (and then be forced to leave), or just (if they're outside the usa) not work here at all. I'm also anticipating tech salaries to increase even more over the next couple of years since so many jobs will be going without h1b's, and I know for a fact that in the bay area at least, there just aren't enough americans to fill all the jobs. On top of that salaries are probably also going up since in my recent experience it's basically impossible to get a green card through work, the DOL hates granting green cards, loves auditing cases etc. This h1b thing sucks for everyone who's not here already but for the people already legally here it can only help. Seems all the americans are getting the start up jobs in SF and all the foreigners are working in more stable companies in the south bay, companies who actually know what an immigration lawyer is. edit: VVV Yeah I have honestly never in my life met one of those people who work for any of those companies. I've been in tech in the USA for 8 years. redreader fucked around with this message at 22:05 on May 6, 2015 |
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May 6, 2015 19:05
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My understanding is that the majority of h1-b visas end up going to dubiously credentialed "IT Consultants" working for the major outsourcing firms. I can't think of any legitimate reason that Tata, Wipro, Infosys, and Cognizant need half of the available visas annually.
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May 6, 2015 21:49
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Great, thanks guys. Well I mean not so great, but thanks anyway  Does the current citizenship of the applicant (ie., me) make any difference to the process, whether L-1 or H1-b?
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May 7, 2015 13:09
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mobby_6kl posted:Great, thanks guys. Well I mean not so great, but thanks anyway Are you Chilean or Singaporean? If not, then basically no (those countries each have a special allotment of H1-B visas through free trade agreements).
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May 7, 2015 13:49
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Powerlurker posted:My understanding is that the majority of h1-b visas end up going to dubiously credentialed "IT Consultants" working for the major outsourcing firms. I can't think of any legitimate reason that Tata, Wipro, Infosys, and Cognizant need half of the available visas annually. Yea, this, and I'm going to bitch about this a little. H-1B employers mostly fall into three categories: tiny companies/startups who have <20 employees and have basically one guy they hired on a student work permit they want to keep; regular companies that use H-1Bs to employ an assortment of H-1B workers to fill needed roles; and companies that are built around the model of hiring H-1Bs and farming them for profit. That last group is basically responsible for all the H-1B violations and stupid crap associated with the visa class that people complain about. Sure, other companies are sometimes lovely, but one startup being a jerk to their one H-1B worker is basically nothing, especially compared to companies that have essentially institutionalized the exploitation and abuse of the H-1B to profit. These are the companies that will wrangle the lowest wages they can manage, squeeze workers for all the extra work they can, and basically ride them ragged until they can get out with another employer. I already hate these companies for how difficult they make the process for legitimate employers. Because of the way they have commercialized H-1B contractors, tons of regular companies have to deal with scrutiny and RFEs about worker placement and workload. For whatever reason, USCIS can't or won't target enforcement on just the companies they know are loving around, so every company with an IT worker runs the risk of needing to explain their entire business model to the government to confirm their (single) H-1B worker is not being used on some sort of contracted labor scam. The problem now is that the Cap lottery basically damages these companies the least. Take a little startup that wants to hire an H-1B. Nine times out of ten, the person they want to sponsor is someone they have worked with already as a student or similar, and they don't just want a warm body that can code - they want this guy, either because of his particular skills or because he has already spent a year contributing heavily to their product and trading out for someone new is going to be a huge pain. Well, this year, only 1 in 3 of those companies get their guy. And for a tiny company, that can be a huge deal. They might be losing a primary developer or an important researcher. And more importantly, that experience is going to badly sour them on the process. They're much less likely to apply for an H-1B in the future, and they're also going to be much less likely to hire anyone who could need sponsorship. Bigger companies that use H-1Bs as needed suffer less, but they still evaluate trying for an H-1B as part of the cost of doing business - unless they have in-house immigration, they still have to pay a lawyer - and even if thy do, they still have to go through all the prep. Most of the people they are petitioning for are people who are or have worked for the company, and are being backed by managers or departments that want to keep them on. If they don't get the spot it's not the disaster it is for a small company, but you get the same sort of frustration developing - and, as a cost analysis, companies that are willing to gamble on a 80% or a 75% are not going to do it on a 30% or 20%. H-1B mills do not give a poo poo who they get. These companies are rounding up thousands of people, and they honestly don't care which individuals get picked or not - they're generally just a sea of workers with comparable skills, and the company will just place whoever gets selected. Most of them do their prep in house, and the ones that don't have the volume to get much better rates per application than other companies. If the odds are bad, they can just shotgun more applications and rely on getting a certain number - who cares which ones? When you are doing applications on this scale you template out tons of stuff, reuse LCA data, and adding an additional application is almost no extra work (especially if the worker is outside the US). So whenever the cap is badly overfilled, and every year it gets worse, you are basically crowding out the kind of companies/workers you really want (regular companies who are trying to hire people in the US for their specific knowledge and skills - most of whom are US graduates) in favor of mill workers who are going to be shuffled around a dozen contract positions being underpaid before they find a legitimate employer to take over their H-1B (or run out of time and leave the US). The whole thing is such crap, but I don't know there is any way for USCIS to fix it without actual legislative change. I don't think they can alter the way H-1Bs are allocated just through regulation.
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May 7, 2015 14:25
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I've seen the hassles that my non-IT STEM friends have had to deal with. I know two people, a Ph.D petroleum engineer and a Ph.D petroleum chemist who were "hired" by their respective employers' overseas branches because they figured it would be easier to do that and bring them back on an L1 after two years then to go through the H1-B process. Plenty of Ph. D scientists who cool their heels in a series of postdocs instead of getting real jobs because universities have no h1-b cap to the point where they end up with a publication record that lets them adjust as an EB-1. Meanwhile, the program is flooded with junior level code monkeys who make it so much harder for the real experts to get in.
Powerlurker fucked around with this message at 16:02 on May 7, 2015 |
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May 7, 2015 15:50
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