Reply #19: You need to understand how the system works [View All]

The system is complex, I will try to explain.....

H1B is a DUAL INTENT visa. It can be used as a TEMPORARY visa or as a path to an IMMIGRANT visa.


Here is the TEMPORARY use example:
e.g. come here, learn more, take that to another country and possibly take inside knowledge jobs etc. with you.
Companies like InfoSys use this in a way that many say are bad for the USA.



Here is the IMMIGRANT use example:
Come here
Start green card process
Step 1, apply for labor certification. This is intended to "test the labor market" to ensure that no suitable US resident is available.
For me this step took 1272 days to process the paper work. TOO SLOW. It took 8 months to gather the required documentation.
One might think that Dept Labor had plenty of time to check that no suitable US person was available.

Step 2, check that employer can pay proposed salary. Typically slow processing causes this to take 1 year.

Step 2.5 wait wait wait wait for years

Step 3, apply for greencard using certifications from step 1 and 2.

Step 3.5 wait wait wait for years


We i.e. me Mr pinstripe and all those protesting are in the IMMIGRANT example.

Our protest is mostly about the wait wait wait wait for years. We are quite happy that labor certification is done, and it should be.

So I would be interested to know if you are against the IMMIGRANT example use of H1B?