Is there any bias against people already on #h1b ? Or does filing a new I-140 involve any trouble? To me it seems like just a bit of extra upfront cost and maybe some added wait time to start for larger companies. Am I missing anything here?
No
Imagine waiting 2 extra months each time u hire someone or u wanna start a new job. How many small companies have hire due to immediate needs? Also if it’s a new grad then u r hiring the risk of them not getting the lottery at all.
I meant for someone who already got the lottery. Small companies will usually not sponsor visa for lower roles anyway. Does it take 2 months for the new I-140 with premium processing?
I think it takes way longer. Cuz u have to do a bunch of other stuff before new I-140 each time. By the time u get to where u can apply I140 it’s 6 months.
Obviously it does. New H-1B petition. Work around RFEs which delays start date. New I140 petition. By then it's time for H-1B extension. RFE for that and so on. Vicious cycle.
Doesn't that concern the HR of the new company more than the employee though, after the petition is submitted and the new guy starts working? Again for the larger companies it would be an extra $10k overhead per person tops with a team handling it in place so I do not see it being too much of a deterrent
$10k per person adds up real quick for companies with many H-1B employees. Even keeping aside the cost part, just the uncertainty at every level stops companies from planning their projects well.
Typical H1Bs have a restricted life as compared to a citizen. There are a lot of optional things that end up being practically mandatory. 1. Visit a US consulate every 3 years 1.a. Practically this is India/China - half the world away. Meaning it has to be a 2-3 week trip. Takes up all your vacation 1.b. You don't have to do this every 3 years. But if you don't and your dad has a medical emergency back home, best of luck coming back. 2. The i140 state of life makes it a hassle to switch frequently. Typically switching is feasible at least after 2 years. At this point it's better to hang around 6 more months and get that promotion. Employer is aware of this and would dangle those 6 months in subtle and efficient ways. 3. H1B with H1B spouse multiplies these compliance requirements. H1B with H4 spouse is barely middle class life. In some cases it's better to just go home. This indirectly reduces the risk taking ability with job switching
Can you elaborate on #2? I mean once you have your I140 and have passed 180 days with the employer then you can keep switching and use that I140 for how many ever transfers till your PD becomes current, right? Obviously one tries to start a new I140 petition with each switch but that isn't required or doesn't stop one from switching, correct?
The PD is tied to i140. It stays with your old employer(A). You have to join A when it becomes current to apply for GC or the H1B extension. To maintain PD, your new employer(B) needs to apply i140 again. Takes about a year including everyone who likes to sit on your case and delay it. This can be revoked by B within 180 days if you jump. After 180 days is when B starts dangling the promotion. Because realistically it's been a year and a half with B and promotion is logical for most people. P. S. However infinitely far in the future is your green card, most people want to maintain PD. If you don't bother about PD and just want to avoid lottery, #2 doesn't apply to you
Yes, I've been told that they couldn't move forward with interviews because my receipt hadn't come in. They'd check back every 3 months. Took over a year to go from phone screen to onsite. Anyone who says no is an idiot
Wow where was that? Getting the receipt taking a whole year is insane
What company?
Sometimes
H1 in other companies non-software is bad. Companies will not hire people on visa. Software companies are ok hiring due to scarcity of talent.
It's also easier to work remotely in SW
I was job searching the last 3 months. Of 25 companies I spoke with, 8 were unwilling to deal with H1-B visas, so I didn't move forward in the process even though the interview went well.
It's going to be difficult once the recession hits.
Where did you hear about the bias and I-140 troubles?
Bias yes. There can be hiring bias when new manager knows that the person on visa cannot leave quickly compared to a citizen or permanent resident. Cost of hiring for person on visa is more and generally companies offset that by offering lower salaries. (Think lawyer costs and visa transfer fees.. you are talking thousands)
I have been in management for many years and worked at a few companies. I have never ever heard of anything like that (offsetting cost of visa transfer by offering lower salary). Even for new grad offers, there is no difference between the offers sent to citizens and non citizens. (Of course they can change based on candidate’s negotiation skills). Are you a manager? Is that a practice Microsoft follows? I am just curious because you used the word “generally”.