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by ashwinaj 3448 days ago
I spoke to my older brother (who left once his H1B was over, as he never wanted to stay here long term) and my seniors in grad school who explained all the intricacies; of course I never understood every single detail. But what I understood was getting a GC for an Indian citizen is a long wait. Frankly, I am okay leaving the US if I have to if I fall into any of the pitfalls. I don't have sleepless nights over it.

And BTW, I got my H1B in the 2008 lottery and had to go through lean times during the recession. So it's not as if I've had a smooth ride all along.
1 comments
brendangregg 3448 days ago
What was the worst risk you learned about?
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ashwinaj 3447 days ago
- Being out of status

- Indefinite wait for a GC for Indian citizens

- Not being able to start your own business (there are caveats)

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brendangregg 3447 days ago
You weren't aware of the risks. There's much worse than that.

I am not a lawyer, and the following is not legal advice: get your own (experienced) immigration lawyer, and ask them about what I've heard one lawyer call "cost-effective employee retention plans". It can include threatening to unfairly ruin an employee's chances of ever getting another US visa if they leave the company. As in, you may never set foot in the US again. I'm not sure people can relate to how horrible this is unless you've unfortunately lived through it.

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ashwinaj 3447 days ago
That's the reason in my posts I always made a distinction between legitimate company vs shady consultants.

Unless you do something nefarious (spying, stealing etc.) no legitimate company would go after someone. And thinking about it logically, the company has to spend a lot of resources to prove this in the first place. "Innocent until proven guilty"

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brendangregg 3447 days ago
I believe there are some legitimate companies that treat visa workers well (like the company I work for), but I'd still be a bit careful. You can join what you think is a legitimate company, and then they are sold to someone else. When I joined Sun Microsystems, it seemed like a solid company that would be around forever. Sold in 2010.

> And thinking about it logically

Oh no.

My #1 advice to potential visa workers would be to get your own immigration lawyer. My #2 advice would probably be to stop reasoning about things logically. What matters is the law.

You're implying that it's illogical a company would go after someone like this. I know for a fact they do. And, it's illogical. Knowing it's illogical is little comfort for those visa workers hurt by it.

> the company has to spend a lot of resources

Not necessarily. In one situation (I don't want to describe in detail here), it requires almost zero effort from the employer. And I know for a fact it happens.

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ashwinaj 3447 days ago
> Sun Microsystems, it seemed like a solid company that would be around forever. Sold in 2010

I don't understand, what's the issue when the company gets sold? What bearing does that have on your visa apart from the change of employer filing? If Oracle bought Sun (two legitimate companies), it would be a change of employer which is a straightforward process, or am I missing something?

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