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by programmertote 2535 days ago
I see the trend in my coworkers at a big-four ad tech firm as well. At least a couple of them have gone home in the last six months (one of them had her H1B approved less than a year ago as well; and another one already is nearing her STEM OPT extension of 18 months).

I came to the US in mid 2000 to study at a fairly well-known liberal arts college (with full scholarships). I worked at a start-up in SF after graduating in late 2000--earning a decent wage of 72K/yr at that time. The CEO didn't want to go through the trouble of applying for H1B for me, so I--at the end of 18 months' OPT STEM extension; after ~2.5 years of working at that start-up---had to apply for a PhD program and started it in 2010's to keep myself in legal status. I finished my PhD in less than 5 years, and joined my current company with OPT (an extension of F1 student visa for practical training in one's major that s/he graduated from) earning low six-figure salary. When my company applied my H1B visa in 2016, it received request for evidence (the USCIS asked me to prove more that my work--data engineering--is related to computer science, which is what I studied my PhD on. I wrote up 3 pages of explanation and finally got it approved in late 2016. Because I worked pretty hard, I was able to convince my company to apply green card for me. But because of the more stringent regulations applied by Trump administration (and partly because my company acquired standard--not premium--service from the law firm that is working on my case), even after 2 years of the process, I am still at the very first step of the application process where the company is waiting for the department of labor (DoL) to provide prevailing wage determination (pretty much stating how much average worker with my salary is earning in the region where I work). I cannot move jobs when this process is pending because my H1B is tied to my employer and employers that are willing to sponsor employees green card aren't that plenty.

If I want to go back and visit my old and widowed mom in my home country, I would have to go through the interview process at the US embassy of my home country to get a new H1B stamp on my passport (the stamp expires within a year of issued date; some countries, such as India, have better deal with the US and their citizens usually get stamps valid for like 5 years or so if I remember correctly). It carries the risk that I might be denied either by the embassy or the port of entry immigration officer (none of the three that I have met so far treated me nicely--in fact, two of them were quite rude--despite me being courteous and nice to them) when I re-enter the US with H1B visa, not to mention that the cost of renewing the visa costs about $400. So, the ability to go back to home to revisit my mom as frequently as I like (without much hassle) AND the freedom to move to another job are why I really want to get permanent residency.

This is a common path for someone who goes through legal (hardcore) means to become a permanent resident in the US. I only put up with such extremely long journey to become a green card holder because my home country is not China. If it were China, I would be back there by now (I said the same to my departing coworkers). There are easier (in terms of effort/time required) ways like marrying a citizen; seeking asylum (but most of the asylum seekers are doing so for economic reason, meaning they are mostly fake although the success rate of getting approved in democrats administrations are quite high); winning Diversity Visa lottery; and having an immediate blood-relative who submitted application for your green card a decade ago. But none of them are eligible for me or I'm not interested in playing pretend-asylum seeker or paying a US citizen to marry me temporarily.

Throughout the years I've been in the US, I worked hard; paid all my taxes; never even have a minor violation such as traffic citation; donated and volunteered at various charities; donated blood more than a dozen times; etc. I thought I did pretty well as a good, law-abiding, immigrant-wannabe. During the ~16 years, I have experienced quite a few (at least a handful of times that I can recall--including being mocked with 'ching chong ling long' by a panhandler, who was trying to sell me a rap CD in metro area) obvious discriminatory abuse from random strangers (I live in a big metro area).

I am writing this in detail so that I hope HN readers would realize that it is not an easy route for many of the legal immigrants like myself. Sure some of the shady companies abuse H1B, but majority of H1B workers had to go through a pretty rough route to get their H1Bs. If you ask me, I would totally streamline the H1B system so that the companies are required to pay above the average salaries for H1B hires; H1B hires aren't tied to the employers; getting an H1B approved does not require law firms (quite expensive) and a lot of red tape (like in some countries, the wannabe H1B worker can apply for it her/himself); and more importantly, H1B holders (regardless of their country of origin) can enter and leave the US for either business or personal trips unlimited times without much restriction. Then I really do not have a need for green card because my goal is to eventually go back to my home country and retire there in my late 50s. Life in the US, in my opinion, is a lot more stressful than it should be for a developed nation (worrying about healthcare affordability tops the list for me).

2 comments

I'm a bit late to this thread, so I don't know if you'll see my comment, but I was wondering about this:

> even after 2 years of the process, I am still at the very first step of the application process where the company is waiting for the department of labor (DoL) to provide prevailing wage determination

According to the DOL website[1], the processing time for PWD (Prevailing Wage Determination) is currently (as of June 2019) is 122 days. How is it possible that they don't have the PWD done even after 2 years?

[1] https://icert.doleta.gov/index.cfm?event=ehGeneral.dspProces...

The silver lining is may be at least you do not seem to be from India or China whose waiting period for GC is 70+ years for EB3 right now apparently
Every time I see someone talking about immigrating processing times, the number seems to go up...

Per the state departments August 2019 bulletin, the actual backlog to file for an EB-3 green card is currently 3 years for China, and 9 for India....

Where did you see that? USCIS in its bulletins never releases the number of years only the year it is processing. If you extrapolate the EB-1 wait for Indians, it is closer to 9 years, but most people are in EB-2/3 which is 50yrs out.
The August bulletin currently lists April 2010 for India EB-3 (October 2017 for EB-1).

If you go back through the last few years of bulletins, this 9 year wait has been relatively stable. Unless you believe there's been a massive spike in applicants in the past few years, there's no reason to believe the current wait for new applicants is 50 or 70 years.

I don't think that's quite right. Have a look at Indian EB-2 . The August 2014 bulletin [2] lists the current year as 22JAN09 which has moved to 02MAY09 in the August 2019 bulletin [1]. This means that in the last 5 years, they have moved from Jan09 -> May09. Very stable!

[1]https://travel.state.gov/content/travel/en/legal/visa-law0/v...

[2]https://travel.state.gov/content/travel/en/legal/visa-law0/v...

That is true. As a side note, I also empathize with the cries from citizens of the US who have been residing here since they were born and have been facing competition from global economy and migration.

But I think that is going to be the norm going forward (unless we come up with a better alternative to capitalism); none of us are promised abundant freedom and opportunity unless we strive and work hard to take it. In other words, prosperity does not come easy in this competitive age...