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by prostoalex 3797 days ago
The transfer documentation is not that onerous, to be honest. Allegedly it's a gatekeeper against H1 program turning into a spout for unqualified immigration where "an employer" hires you for extremely high salary, and you quit on day 2 to start an exciting career in dishwashing.
1 comments
bsder 3797 days ago
The simplest way is to convert to a green card after being employed for 12 months. Employer is responsible for all legal fees, background check fees, etc. over the course of your employment.

If you quit at day 2, the employer is still on the hook for all the fees.

It can be gamed, but if you make the fees something like 30-40K, genuine employers will simply shrug as they'll amortize that over 3-4 years. Sweatshops, however, will lose bad.

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prostoalex 3797 days ago
My understanding is that current employment-based green card process is constrained entirely by slow turnaround by Department of Labor and USCIS, not some company shenanigans or legislative provisions for artificial delays, at least according to http://www.uscis.gov/sites/default/files/USCIS/Resources/E2e... And that slow turnaround is predicated by DoL / USCIS budgets and their ability to hire and train proper employees.
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bsder 3797 days ago
You are 100% correct. HOWEVER, you don't see the companies lobbying to increase the funding to DoL/USCIS.

The reason is that the choke point benefits these companies. If you cleared the backlog so that a green card was a 12 month process, the companies would quit asking for H1-B's unless they really wanted them.

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calvinbhai 3796 days ago
not true. these green cards are given (in addition to employment based GC requirements) based on the country of birth (to maintain diversity).

If US gives X green cards to nationals of Y countries (X>>Y) in a year, each country is allocated X/Y number of green cards.

This puts Indians, Chinese and other high population countries at a disadvantage.

An Indian applying for green card in EB-3 category (minimum qualifications being undergrad degree + 3 yrs experience i think) has to wait for ~12 years from the date his gc process was started. EB-2 (advanced degree and/or 5+ yrs experience) is ~10 years (these are my ballpark numbers)

Its not the turnaround time, but the concept of diversity based green cards that slows down the process.

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