Is H1B in demand ?

[Eric Lemaitre]

Hi !

Why do they do that? Because the current job sitution allows it.
My own issue is that many of those "unavailable skills" can be acquired by any good IT professional with a few days' study and a couple of months' experience. H1-B's should not be a substitute for routine training of new hires.

I understand from all quotes above that the H1B is totally not suited any longer to present situation with so many qualified US people available, especially within election year where unemployment issues matter much more than usual. So let's forget it.

As I understand it, an H1-B is based on specific skills unavailable in the US. Superb generalists would use other visa programs, such as those described above.

So let it be clear, short and efficient : L1B visa.

I don't want to bother other people with legal issues, but here are some questions for which I couldn't find answer :

_ difference between permanent residency and GC ?
_ from L1B which is next logical step to US citizenship, permanent residency or GC ?
_ how can US employeers use L1B instead of H1B as hired employee must have worked abroad for this company 1 whole year before, which is not at all the case of potential H1B ?

Best regards.

[Karthik Guru]

Originally posted by Eric Lemaitre:
_ how can US employeers use L1B instead of H1B as hired employee must have worked abroad for this company 1 whole year before, which is not at all the case of potential H1B ?

Yes correct + the employee needs to have a CS/Equivalent degree!. I guess when the company files your L-1, your educational background is verified by the immigration and someone in the US (a univ prof may be) needs to verify that you have a CS equivalent degree. This is the case atleast for companies operating out of India now. I'm not sure if this applies to other countries as well.
Now there are 2 categories:
For managers / executives & (L1 A?)
Specialized knowledge(L1 B?)
So if you are into development, somebody w'd file your applcn under the latter i guess.

[Dmitry Melnik]

_ difference between permanent residency and GC ?

None.

_ from L1B which is next logical step to US citizenship, permanent residency or GC ?

It's getting your permanent residency or GC. You can apply for citizenship after you have lived in US for 5 years with your GC.

[Eric Lemaitre]

Hi karthik !

[/b]Specialized knowledge(L1 B?)
So if you are into development, somebody w'd file your applcn under the latter i guess.[/b]

I was not precise enough, I apologize. I meant precisely : since recruiters can't practically hire any longer H1B, have they to lie for hiring L1B by pretending they are working for them for 1 year at least ? As there is no quota for L1B, tentation would be great, but is the status compatible with hire conditions ?

Best regards.

[Eric Lemaitre]

Hi Dmitry !

_ from L1B which is next logical step to US citizenship, permanent residency or GC ?[/b]

You can apply for citizenship after you have lived in US for 5 years with your GC.

I was not precise enough, I apologize, although this answer is already great help. I meant precisely : when you start from L1B status, how do you shift towards GC / permanent resident status ?

Best regards.

[Dmitry Melnik]

how do you shift towards GC / permanent resident status ?

You persuade the employer to contract an immigration lawyer for handling your GC process (LC, I-140, AoS or consular processing, interviews). Or you and your employer make an agreement to do so as a part of your employment deal.

Then you go through the process described here.

[Eric Lemaitre]

Hi Dmitry !

Thank you a thousand times for your tips, I believe it is comprehensive enough to close this thread .

Best regards.

[Dave Butler]

We recruited a UK citizen a while back. It was not a cheap option - lawyers (and you have to have one because like every other law in the US, immigration law is complex) do not come cheaply, relocation is very expensive, AND you have no guarantee that your shiny new employee won't hop off to someone else (this is not India!).

Supply and demand rule. For a while now, supply has outstripped demand - one of the hoops an employer has to jump through for gaining approval for an H1B application is to provide proof that no suitably qualified local US citizen was available for the work. Standard practise is to advertise. Guess what happens - you get an avalanche of impressive looking resumes.

So, until demand begins to outstrip supply, forget about H1B visas in the IT field. Moreover, if memory serves me correctly, IT guys are in competition with nannies and nurses. Congress only increased the quota because of the huge IT demand of the late 90s, and haven't wasted much time in reducing it again. Does anyone expect those heights to return anytime soon?

[Homer Phillips]

Guess what happens - you get an avalanche of impressive looking resumes.

And out of that avalache you could not find one that would work out. Let's say you get 300 resumes and you reject them all. Just how perfect is your UK guy? Does he put his pants on one leg at a time? Just how incredible of an employer is your company?

Matloff claims 99% of H1-Bs make less than $80K. Was your company willing to put six figures in the hands of the employee?

I am sorry, but your post looks like flame bait are you for real?

[Mike Gershman]

99% of H1-Bs make less than $80K. Was your company willing to put six figures in the hands of the employee?

IMHO, the motivation for looking for H1B employees is no longer starting salary. Many experienced US programmers either have other income or just have to settle for under 80K.

The lesser issue is the fear that once things improve, the employee will either leave or demand a big raise.

The bigger issue is the broad belief among managers and HR people that, law or no law, a senior programmer working for a more junior supervisor just doesn't work out.

[Dave Butler]

Homer,

Depending upon your definition of reality, last time I checked I was for real. I think. Or was that just an illusion? Thanks for your concern, I guess you are a "I care about real people" sort of person. Well done!

To your other points. Yes, he did make a six-figure salary (and benefits). And yes, he did have difficult to find experience and skills. And no, my post wasn't any sort of bait (or so I thought). And I repeat, this recruitment happened a while back. He has since moved on to pastures new.

The point I was trying to make, perhaps too obliquely, is that under current legislation if a qualified US citizen (or resident alien) is available for a given position you CANNOT sponsor an H1B. You have to advertise. And you do get a shed load of resumes. (You also must pay at least the going rate for the job; anyone paying 80% of the going rate to an H1B is breaking US law.)

In a perfect world, if one of the local candidates is suitable, they get the job. However, determining who and who is not qualified is subjective. So if a company really wants to get their hands on that certain special someone they will. For example, if you decide you need to hire the leader developer of whatever, and he happens to be French, you go get him. Regardless, done properly, it is a long, drawn out and expensive process.

I did a stint in the UK. Four years ago it was not uncommon to see listings on the UK job boards for "multiple programmer jobs - Silicon Valley". Not so many now though. I guess there are more than enough of us home-grown developers to fill the available berths. For now.


Dave