Where Do You Stand On The Subject Of H-1B Visas?

Try to test my logical reasoning?

Not many people care about political free speech and political freedom. Everybody cares about freedom, many care about free speech.

Xi is cracking down on both though. So China is less free today than back in the Hu days.

BTW the loopholes on VPN are getting tighter. They are employing machine learning to hunt them down. Of course they are leaving some open. It’s totally within their means to close them all. But they aren’t.

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First of all, @hanera, you are NOT Chinese (a China citizen) correct? So you can’t technically speak for a Chinese person, correct, as to what is important to said Chinese person, correct? Tell me where I am wrong on the previous two questions.

Again, I refer you too (Ol Great Leader) to my previous post. You can’t also speak for a China citizen as to what is important to him or her, can you?

Even one Chinese person can’t speak for 1.3B people. It’s just from my observation.

BTW, not a dig on anyone, but being able to read the original language and have access to local media gives a hugely different perspective. I can totally relate to muslims complaining about the one sidedness of American media, because I see the same thing in the coverage on anything Chinese.

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You’re correct on the two questions. My response is I can’t see the logic of just because some Chinese don’t care about free speech and freedom, they would definitely want to go back to China. There are other reasons to stay in SV… nice weather, no fog, cleaner water, hot sexy women, freehold property, etc.

I was throwing out various valid reasons why Chinese nationals would not want to go back there. You responded in your own words, “Not many people care about free speech and freedom” which is fairly open ended and fair game, no???

First of all, have you seen ONE big media reporting that hints or suggests that whoah, hold on there, massive exodus of cash and bodies BACK to China??? Not seeing it…

Hmmm…the reasons I came to this country was 1- Save my behind. 2- Freedom of expression.

See guys? Money corrupts even the sensible guy, even the most liberal guy. Either you accept Communism = China is good or denounce it and never accept any $ from China, be this via home buyers or whatever.

On my favorite subject, Trump. The nationalist guy selling his condos to rich Chinese buyers and on top they get a green card. I thought he said China is evil and blah, blah, blah?

So, I believe more people are coming to the US via H1B visas than those leaving. Well, if Trump wins, many Americans will go to live in Canada…:laughing:

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Not all opponents feel that way. The fundamental problem with H1B is that the visa is “sponsored” by a company. This means the H1B holder is completely at the mercy of his/her employer. They can’t bargain or negotiate for a higher salary because if they rock the boat, they run the risk of getting fired, which means loss of visa and deportation. This results in an artificial market, where the employees lack the ability to negotiate for a market wage. I feel we should bring in as much high tech talent as possible, but we shouldn’t handcuff them to a particular employer. Give the visa holders the right to work wherever they want.

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Totally agree.

Even better: automatic green card for anyone who gets a graduate degree in STEM. Why even make them go thru the wringers?

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Wow, thank you @buyinghouse! At least someone truly credible to comment on the value of freedom of expression. I can imagine one has to really live and breathe that kind of confinement and restraint for a long time to really understand how desirable America is. Don’t take lightly or forget what kind of opportunities one has in this country ever, Gentlemen! You think if we were in Communist China we would have this free for all, no holds barred, type of website to discuss say how badly the government was??? Please, you would be rounded up and gone from society. Just like that.

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People aren’t handcuffed to one company because of a visa. They can switch jobs pretty easily. There’s a time period during green card you aren’t supposed to switch, but it’s a short window.

Also, you have to pay them at least midpoint for their job level. The government audits it. I’ve seen so-so performers fall behind the midpoint, and the company was forced to adjust salary to the midpoint. They weren’t bad enough to get fired, but someone has to get below the average raise so high performers can be rewarded.

I think a lot of the talk about it is falsehoods perpetrated by people who have never dealt with it. My last company spent $400k/yr on visas for engineering. I got to see how it all worked.

believe me, there are ways around it. At least for 2 years per H1-B employee. I’ve seen payroll records and know the qualifications of the employees (US Citizen vs H1B from Russia).

I rather not post numbers as I post under my real name.

I worked for multiple companies in SV and what you say is generally true.
However, I’ve seen a small start-up company which didn’t follow the wage rule.
I have seen a few of Indian engineers who felt they were trapped due to lengthy green card process.
In theory, switching companies are allowed legally with H1B but often in reality, this means lots of hassle and even longer waiting time for green card.
One of my managee had to restart whole green card process when he was relocated from other location even within the same group.
I myself had to restart green card process over again when the company which started (very slow) green card process for me was acquired by other company. I ended up leaving the company since I got quite frustrated with whole process.
H1B to green card path is long journey especially for Chinese and Indian.

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There are companies that don’t follow the H1B rules. Just like there are companies that cheat on taxes. But vast majority of them do follow the rules, because they are mostly the Googles and Microsofts of the world, the big companies with vast legal teams and reputation on stake.

Changing jobs is also a hassle like @jane said. Theoretically it’s allowed but in practice many hassles. So most people just stay put. A huge waste of talents.

To be very honest, H1B is a form of modern day slavery and indentured servitude, especially for people for india and china. sorry for using such terms, but its the sad reality.
Think about this, technically a H1B visa last for 6 years and is for specific job description. If job description changes, location changes, employer changes or salary changes, you need another H1B or amendment. It can be extended beyond 6 years provided the employer agrees to sponsor the employee’s green card petition. If employer decides not to sponsor, you are out of luck. You need to leave the country. At the current backlog levels, to get a green card for indians it takes about 12 years from date of application and for Chinese it around 8 years. During this wait time, the green card application resets for the employee every time the following occurs,

  • employee changes job
  • employee changes location
  • employee gets promoted to a higher designation such as from engineer to manager
  • employee salary exceeds the threshold as per PERM.
  • employee’s job description deviates from what is described in the H1B job description
    For eg: consider 5 employees join the same company of different nationalities, (india, china, pakistan, france, UK), at the same job position on H1B. Assuming employer started their green card process at the same time, within 2 years, except the employees from india and china, all others will have a green card in hand and can pursue the career of their choice within or outside the company. While the indian and chinese employees have to wait there for years, in the same or similar roles without taking promotions, without changing career paths, without taking substantial hike in salary, with fear of becoming illegal if they lost their H1B.
    Basically, for people from heavily backlogged countries such as India and China, it means they are constantly in dilemma whether to change job and risk the green card being reset or stick with the green card sponsoring company until it happens. Decisions such as buying a home or making big investments in US, even after living for years here, becomes challenging since the very next day you loose your job on H1B, you are technically illegal. Most of the productive part of an engineer’s life goes in this waiting period.
    Of course, employers take advantage of this vulnerability of the employees and keep them bonded to the company for years until green card is received or employee gets frustrated waiting.

Remember, the H1B or the employment based green card cannot be self-sponsored, no matter how good you are, unless of course you are Albert Einstein :slight_smile: It is at the mercy of the employer.
H1B is one of the highest income grosser for USCIS and the immigration attorneys in the form of fees. There seems to be a big nexus involving employers, immigration attorneys and USCIS that is aimed at keeping the backlogs longer and provide very less flexibility to employees to move to different companies, so that the employees from those countries, who are the major H1B users, will be bonded to the same employer for years.

This horrible backlog situation can be easily solved if the USCIS had the will to do so, but unfortunately, the employers and immigration attorneys seem to run the show. Their greed is too big.
Even illegal immigrants have organizations and people representing them and fighting for them, but the legal immigrants have no voice, none to represent their plight. There is a petition going on that can provide temporary relief to thousands of legal immigrants, please sign it and help spread the word.

https://petitions.whitehouse.gov/petition/no-respite-highly-skilled-americans-waiting-need-portable-work-authorization-recapture-500k-green-cards/

thnx

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@sanfax thumbs up, you summarized absolutely correct. H1B is high tech slavery.

Slaves didn’t choose slavery. It was chosen for them. People choose to come here on H1-B. Also, slaves didn’t get paid. Making $100k+/yr is hardly slavery. Most of these H1-B people are making at least 2x median US wage. They are obviously making more than they’d make in their own country, or they wouldn’t be here.

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