Submitted by buncley t3_ztvuph in technology
jashsayani t1_j1gb8y5 wrote
Reply to comment by chip_0 in Tech Layoffs Set the Clock Ticking for Foreign Workers by buncley
They are not promised anything. That is not how the system works. I-140 is Application for Immigrant Worker. You have just shown intent to immigrate. US is not "promising" you a Green Card. When you file I-485, you are actually applying for one. Which can be decades away. Again, US immigration is built on diversity, its not merit-based. People say its a broken system. Is its not broken. It is designed for diversity and works well as per its design.
It is only broken if you assume its merit-based. But its a diversity based system. People need to understand that.
nazbot t1_j1gmf0n wrote
It’s broken in quite a few ways.
The H1-B is basically the main visa that lets you also apply to be a permanent resident. It’s not a temporary visa - it’s a dual intent. It’s both temporary AND allows for immigration. Compared to a TN, for example, which is only temporary.
The immigration process is broken in that the application times for the green card are based on what country you were born in. So if you are from Canada it take about 1-2 for them to process your green card application. If you are from India or China it’s 10-15 years. It doesn’t even matter If you are a Canadian citizen … it’s just where you were born.
That leads to the situations where Indian workers end up stuck at bad jobs working crazy hours because of you are 7 years into your application process you have a LOT to lose. If you lose your job and don’t find another one in 60 days you basically start the clock all over again.
It shouldn’t take that long to process the applications and the consequences shouldn’t be so dire if you are let go and can’t find something else quickly.
Bad_Adam1917 t1_j1gez5n wrote
“… it’s a diversity based system. People need to understand that.”
Lol says Jash Sayani, who is either from India himself or his parents are from there, and who likely held the very same H1B at some point.
Sure buddy
RookieRider t1_j1gwlif wrote
Your reply makes no sense. He is right in saying the green card system is loosely diversity based. That’s why they have per-country limits especially in employment-based GCs. Your response neither provides evidence otherwise, nor is relevant to his point. Just a spiteful comment.
imissze90s t1_j1gkga2 wrote
Do you want a disproportionate number of immigrants coming from a particular country?
PLATYPUS_DIARRHEA t1_j1gp8hc wrote
That's the thing, they're already in the US. They've been here for years if not decades. They just don't have a green card or voting rights. You either also implement a per country cap on H-1B or remove it from green card altogether. This business of having it on the green cards (which gives immigrants their rights and bargaining power) but not on H-1B disproportionately tilts power in favor the companies.
Tech companies get to have their cake and eat it too under the current system. In other words, business as usual...
RookieRider t1_j1gwzuu wrote
Dunno why you are downvoted, most of what you said is spot on. Most of US immigration is diversity-based. Even employment-based GCs have an element of diversity in the form of per-country limits. Only investor GCs, and maybe Einstein visas are probably not diversity based. Lot of ignorant comments in the replies that still miss the point that H1B is a temporary permit. So if people choose to have kids here and buy houses, that’s their choice that they made fully aware of the chance of having to leave the country. Playing the victim card after making your choice with all the info available is just silly.
dofphoto t1_j1gif6r wrote
Genuine q: while waiting for gc with filled 485, you can get ead and advanced parole, right? While not super solid footing, you're still in us and working.
PLATYPUS_DIARRHEA t1_j1goqdl wrote
That's only once you file your I-485 and are waiting for a decision on that. It takes Indians and Chinese decades between an approved I-140 and being able to file a I-485. There's no EAD in that interval. You are beholden to your job and employer.
dofphoto t1_j1i0acu wrote
Oh I didn't know that part. Thanks for clarifying.
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