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Re:Gaming the H-1B system for good by ambrood on Wednesday November 18, 2015 @04:07PM (#10590757)
> I think the notion that after working (and paying taxes) in the US for 6 years, a person has to wait another 10 years to reap the benefits of permanent residency simply because they were born in a particular country is morally indefensible.

I came here on a student visa at 17, went on get a CS Masters and now live in SF on a H1B almost 10 years later. America is pretty much the only country I know how to navigate as an adult. The fact that it is mathematically impossible for me to get a GC before 2025 as an Indian used to upset me quite a bit. H1B simply doesn't allow one to live with dignity or take chances. But over this year, I've made my peace with this. I'll continue to work here while I still love my job but eventually go back. Theres no way in hell I'll keep working the same job years on in hopes of a gc.

Re:Gaming the H-1B system for good by jzwinck on Wednesday November 18, 2015 @04:39PM (#10590944)
If you can get a well-paying job you could move to Singapore, where English is an official language, India is much nearer, and the process from initial entry to permanent residency can be completed within three years (n.b. it is not guaranteed but you can reapply). And if you can navigate in America you'll not have a problem in Singapore.
Re:Gaming the H-1B system for good by thansharp on Wednesday November 18, 2015 @05:41PM (#10591293)
The problem is that your kids (male) might have to undergo conscription. I know the situation is changing now, but that was a large deterrant behind a lot of my friends leaving Singapore.
Re:Gaming the H-1B system for good by ambrood on Wednesday November 18, 2015 @08:27PM (#10592120)
Well I'm aware there are many other countries I could move to and to be honest India isn't such a bad place either. But its about more than opportunities, most of the people I care about, all my friends happen to live here in America.
Re:Gaming the H-1B system for good by ashwinaj on Wednesday November 18, 2015 @07:01PM (#10591687)
Well you can change jobs if you have an I140 approved. I've been in the US for 10 years and I honestly don't care about getting a gc. The I140 from my previous employer allows me to get 3 year extensions on my H1B. The downside is that your new employer has to restart the gc process again, which is fine since I get to work on things that I'm interested in rather than getting stuck in the same job for years on end.
Re:Gaming the H-1B system for good by ambrood on Wednesday November 18, 2015 @08:32PM (#10592143)
But what if you want to take a year off? Or just some time off inbetween jobs to travel? AFAIK you need to stay employed with a sponsoring employer all the while. Plus it definitely makes you risk averse as far as doing your thing is concerned.
Re:Gaming the H-1B system for good by ashwinaj on Wednesday November 18, 2015 @09:28PM (#10592365)
If you have an approved H1B, you can take a year off by resigning. I don't know of any employer who would you give you a sabbatical; citizen or not. You can use your remaining H1B time with the same or any other employer. As I see it, this is the law of the land, take it or leave it; complaining is not an option IMO.

Also, I don't see how you can start something on your own (excluding freelancing) if you're taking considerable time off; maybe I'm wrong. You cannot just take time off when you feel like it, a competitor is most certainly going to eat your lunch.

To me, this is a lame argument that "if I get my gc I can start something on my own". Really? Totally anecdotal and bay area specific, but the ratio of recent gc holders starting a new venture (note: new venture, not an existing venture) to number of people getting their gc is tending to 0 (I'm exaggerating but it's a pretty low number). Chances are, this person has spent a lot of time in an established company waiting for his/her gc, bought a house (therefore enslaved by a mortgage), possibly have had kids, and lost most of the technical and any entrepreneurial skills required to compete in a cut throat environment. I do not see such a person taking a risk, even after getting a gc. Will expediting handing gc to applicants change this ratio? Who knows? It's a moot point.

Again, this is totally anecdotal, but I see a considerable difference between me (I work in a startup) vs a lot of my friends who don't. I'm not saying I'm superior than them; but I see that they just don't realize what's required to start/run a company. It's no piece of cake.

Re:Gaming the H-1B system for good by ambrood on Thursday November 19, 2015 @12:59AM (#10592999)
> You can use your remaining H1B time with the same or any other employer. As I see it, this is the law of the land, take it or leave it; complaining is not an option IMO.

Given that I pay taxes and am subject to immigration laws a lot longer than a person born anywhere else, I don't see why I can't complain about a law that reflects nativist compromises of the Civil Rights act.

And well by time off, I didn't mean a sabbatical, just the ability to quit my job and not have to leave the country as a result.

Re:Gaming the H-1B system for good by ashwinaj on Thursday November 19, 2015 @11:10AM (#10595514)
> Given that I pay taxes and am subject to immigration laws a lot longer than a person born anywhere else

So? The United States or [Insert country] is under no obligation whatsoever to afford special treatment since a foreigner pays the same taxes like the rest. I'm an Indian citizen and I did a quick search for work visas in India. A foreigner pays the same taxes as an Indian citizen in India[0] and isn't given special privileges when it comes to immigration laws.

> I don't see why I can't complain about a law that reflects nativist compromises of the Civil Rights act.

Source? How does the gc allocation compromise the Civil rights act?

The gc allocation is 7% per country[1]. If you fall in a country (like me India) where the number of applicants outstrip the 7% quota per year, you're out of luck. How is that compromising the Civil rights act?

Here's my take: I can keep complaining and waste my time and brain cycles over this. I don't have any voting power on this issue; all I have is a modest amount of talent and more importantly the drive and the persistence which I would like to use to further my career and make smart decisions. Personally for me, the immigration laws aren't as debilitating as people make them out to be.

[0] http://www.expatarrivals.com/india/taxes-in-india [1] http://www.uscis.gov/tools/glossary/country-limit

Re:Gaming the H-1B system for good by dragonwriter on Thursday November 19, 2015 @11:27AM (#10595656)
> complaining is not an option IMO.

Complaining (including to those responsible for the policy) is obviously an option, one protected by the First Amendment. (Which applies to "the people", not merely citizens.)

Whether it is a productive course of action is, of course, potentially a very different story.

Re:Gaming the H-1B system for good by ashwinaj on Thursday November 19, 2015 @01:31PM (#10596545)
True, but I thought that was obvious.
Re:Gaming the H-1B system for good by venuzr on Friday November 20, 2015 @02:19AM (#10600079)
Time off is not the only consideration. In a good economy, companies might be queueing up to transfer your H1 visa. In a bad economy (post 2001/2008 recession), if you are looking for a new job, the pickings would be very slim indeed.
Re:Gaming the H-1B system for good by venuzr on Friday November 20, 2015 @02:27AM (#10600099)
Doesn't have to work that way. I am Indian myself but my wife is from a different country (which does not wait times). So the green card was mutually beneficial. Was employment based through my work but was able to use her country of origin.

Just food for thought though not suggesting any course of action. We married for love and found out about about this little pleasant twist later.