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mh_yam | 9 years ago

I am in the same boat (bachelors + masters from US universities and on H-1B).

I've been in the US for almost 10 years now since undergrad and have put down roots (friends, acquaintances, credit history, etc). It is very unfair for us to be put into the same bucket as body shop labor from India. I personally know several people who were forced to leave the US because they didn't get chosen in the H-1B lottery.

There needs to be a new visa that caters specifically to those in our situation. USCIS needs to let the consultancy companies and body shops compete among themselves for H-1B and stop screwing law-abiding international students who have devoted 4-6 (or more) years of their lives to living in the US, who suddenly might lose everything they've worked for because of the H-1B lottery.

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vitd|9 years ago

Serious question - I don't in any way intend this to sound inflammatory. If you've been here almost 10 years and have set down roots, why haven't you just applied to be a citizen? It sounds like you want to stay, and frankly, it sounds like it would be good for us to have you. Is there something holding you back beyond just personal preference? (Or are you already in the process but haven't completed it?)

dragonwriter|9 years ago

> why haven't you just applied to be a citizen?

IIRC, an H-1B can't apply to be a citizen, you have to be a permanent resident to do that, which you can only do from an immigrant visa. The H-1B is a "dual purpose" visa, which is a non-immigrant visa that doesn't require you to leave the country before applying for an immigrant visa, but you still have to qualify for one of the immigrant visa categories and make it through any source-country-specific backlog for that category. (And the vast majority of tech-industry H-1B's are from India, which is also near the top for waiting list length in many of the immigrant categories -- including all but one of the Employment-based categories.)

mh_yam|9 years ago

Foreigners can't apply to be a citizen just because they've been here for 10 years. The US immigration system is so f*cked up and the current administration favors illegal immigrants over legal ones.

The most common pathway for those who complete their studies in the US and want to remain in the country to work is to obtain a work visa (H-1, L-1, TN, etc) under employer sponsorship. And then, some of these visas permit immigrant intent i.e. your employer can sponsor your green card even though you're technically on a temporary worker visa.

I'd love to get permanent residency and possibly citizenship. The framework in place right now is tedious and frankly, outright hostile to those of us doing everything right to remain in this country. Thankfully, I'm not from one of the countries with huge visa backlogs - I can only imagine their pain.

surfmike|9 years ago

One thing that helps at least is that the H1B lottery cap doesn't apply to students who got a graduate degree in the US. ie there are unlimited H1B visas for people in that boat.

ninja_to_be|9 years ago

It is not unlimited, but there is a separate lottery for 20,000 visas for advanced degree holders.

chime|9 years ago

Is that already a law?