[BurningFrog]

The H-1B situation, at least back in my day, is that formally you need a new job within X days, but in reality no one cares as long as you don't leave the country.

If you're unsure/nervous, talk to an immigration lawyer. A 1 hour consultation is quite affordable.

[kinkrtyavimoodh]

It's not that simple. Whenever you report the exact dates of employment (which you can't easily fudge as they have to match with what the employer can / will attest to), such as for applying for a Green card, it will be clear that you have been in violation of status, in case you were out of work for >60 days. And then you are at the mercy of USCIS/DHS. You also have to attest that you have not been in violation of status when you apply for a visa. Most people don't want to commit perjury by lying on Visa forms.

It should also be noted that this 60-day margin is a recent (2015 or so) relief by the Obama administration that for some reason managed to fly under the Trump radar of undoing Obama's immigration-related reprieves.

Before that, you would technically be in violation of status literally the next day of the firing. Imagine living in the US legally for 10+ yrs, having a house and kids here who are American citizens, and suddenly be in violation of status and expected to pack your bags and leave the next day coz you got laid off.

I see a lot of (well-justified) anger on HN against H-1B etc. but most citizens don't know what perversities our so called 'highly qualified' labor pool has to deal with. These are unique to the United States, btw. No other developed country has such a ridiculous work visa system.

[_jgdh]

I emigrated to Europe but I have about 20 friends who are on the H1B living in the US. I think folks on the H1B put up with awful treatment and don’t even know how awful it is because they haven’t seen a country that’s actually welcoming to immigrants.

I’ve pointed out this awful situation where you can not afford to ever get let go from your job under any circumstances without jeopardising your life and your family’s life. In response I get “well if they’re so highly skilled, why are they getting let go?” Ask that question to the top comment on this thread, if you think it’s a fair one.

Every year H1Bs need to go back to their home country to get their visa stamped. Why can’t they just go to a government agency within the US? Fuck if I know.

Switching jobs again is a huge pain. A friend of mine has been waiting in India for a few months for his visa to be transferred from one company to another. Imagine if he had kids who were going to school.

But you think this is temporary right? Eventually you get a Green Card and everything gets much better. Wrong. If you’re Indian it could take anywhere between 15 to 20 years to get that Green Card. You will be living the life of a H1B until then.

Contrast all this to my experience in Europe. I got my visa within 2 weeks. I’m treated with respect here. There’s a clear path to Permanent Residency here - just stay in the country for 5 years on my current visa. There’s a clear path to citizenship if I want it - just be a Permanent Resident for 1 year. I don’t get jerked around with stamping requirements. My spouse can work without worrying about rule changes.

Of course, the vagaries of the H1B program along with the indignities and suffering that people go through might actually be a feature, not a bug. The goal could be to create a “hostile environment” to keep the bad sort out. In that case it’s doing really well.

[kinkrtyavimoodh]

> If you’re Indian it could take anywhere between 15 to 20 years to get that Green Card.

Unless you are filing as EB1, expect to (and plan to) not get it in your lifetime unless the govt changes something.

[praneshp]

Plan to, I agree with that. But "Expect to" as well?

I'm asking mostly rhetorically (since I know of a handful of people that applied as well as got their non-EB1 green cards within the span of my lifetime), but slightly curiously as well (if you know any recent trends, etc).

Plan to is absolutely the best advice as far as I'm concerned

[inferiorhuman]

I see a lot of (well-justified) anger on HN against H-1B etc. but most citizens don't know what perversities our so called 'highly qualified' labor pool has to deal with. These are unique to the United States, btw. No other developed country has such a ridiculous work visa system.

As an American-born person my frustration with H-1B is twofold: lower wages and abusive treatment of employees. Perspective taking and empathy can be hard when you're talking about a situation you can't relate to but that hardly excuses the atrocious behavior on the part of employers.

[throwaway98109]

IANAL, but consider whether you can apply for transition to a B-1/2 visa today while your H-1B is still. They take 6 months to grant and allow valid stay while you're waiting. Talk to an immigration lawyer for details on whether this works for your case.

[BurningFrog]

What the lawyers will inform you, is that there is the letter of the law, and the practical reality, and especially so in immigration law, they differ quite a lot.

> Before that, you would technically be in violation ...

The word technically is my point. Nobody was actually treated that way in reality, and lawyers know what's real and what's just theory.

My H1B info is second hand and 10+ year old, so don't take it at face value, but the same goes for what this kinkrtyavimoodh persona says :)