Re:DHS weighs major change to H-1B foreign tech worker visa ...
by pandaman on Sunday December 31, 2017 @02:30PM
(#16042290)
Employment Based Green Card is for the future worker. The proper way it's supposed to work is that, when hiring for non-temporary positions, you go straight for the EBGC for the foreign worker. Who, of course, is not working for you yet so he gets his GC for the future job. And it's the way it worked before H1 program has been introduced in 1990.
What happens now is that people are hired in the H1B status, which is, by definition, a status for temporary worker. And then the vast majority of them suddenly realize that the job is not temporary (wow, surprise!) and they need to be in a permanent status to do this job, nobody else can (here is the proof that we tried to find somebody and failed, honestly!). So they need to go through adjustment of status (AOS) process to change their "temporary worker" status to the "permanent resident" one. Of course, while the process is going, the worker is in a vulnerable position. On one hand, he or she just claimed that they have been in the wrong status (by requesting it to be adjusted) so their temporary status became even more temporary, so to say. On the other, the EBGC has not been granted yet so the worker remains in the state of, essentially, temporary suspended deportation. For the great benefit of the employer, of course.
Don't you find this strange that so many companies fail to estimate permanency of their jobs? Don't you think they might be doing this intentionally in order to exploit the AOS process?
What happens now is that people are hired in the H1B status, which is, by definition, a status for temporary worker. And then the vast majority of them suddenly realize that the job is not temporary (wow, surprise!) and they need to be in a permanent status to do this job, nobody else can (here is the proof that we tried to find somebody and failed, honestly!). So they need to go through adjustment of status (AOS) process to change their "temporary worker" status to the "permanent resident" one. Of course, while the process is going, the worker is in a vulnerable position. On one hand, he or she just claimed that they have been in the wrong status (by requesting it to be adjusted) so their temporary status became even more temporary, so to say. On the other, the EBGC has not been granted yet so the worker remains in the state of, essentially, temporary suspended deportation. For the great benefit of the employer, of course.
Don't you find this strange that so many companies fail to estimate permanency of their jobs? Don't you think they might be doing this intentionally in order to exploit the AOS process?