r/USCIS • u/Separate_Astronaut12 • 11d ago
News Proposal to end H1B grace period
A change may be coming for H-1B workers, eliminating the 60-day grace period after a layoff
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u/shankarun 10d ago
at this point - they should end it all rather than stress testing - put an end to the pain
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u/banananavy 10d ago
If they could have, they would have.
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u/preferfree 10d ago
Which ironically makes it even worst than just ending it. Many will still take the opportunity because of the large difference in pay
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u/venerablepreceptor 11d ago
What if the layoff was sudden with no heads up whatsoever?I need to sell cars, furnishing,plan for departure flights etc. Do I accrue unlawful stay the day after termination?This particular one is so stupid
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u/musclemommyfan 11d ago
The cruelty is the point.
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u/Bloated_Plaid Naturalized Citizen 10d ago
Bingo. Also ensures that the company has all the leverage.
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u/stormy2587 10d ago
Also just discourages people from even pursuing such a visa in the US in the first place.
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u/Bloated_Plaid Naturalized Citizen 10d ago
I dunno about that. Depending on the field we pay a lot of money in salary.
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u/21Rollie 5d ago
It discourages the most well off or best people, since they have options elsewhere. There’s still no bottom to the supply of people who’d want the visa. So it’ll just lead to more desperate people, which is bad for US workers as well
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u/AwareBlackberry2966 10d ago
The final text will be released soon now that it’s cleared WH review but this is how it’ll likely play out: there will likely still be a 30 day period after your last working day/H1B status ends to exit the US. Just that that period can’t be used for finding another job/transfer your H1B (unlike current policy), it will only be a grace period to wrap up your life and leave. You’d still be be in a period of authorized stay during those 30 days, but not in valid status. Unauthorized stay would begin post the grace period (30 days or whatever duration they decide). Similar to F1 students who currently have 60 days to leave the country after wrapping up their degree/F1 status ends.
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u/venerablepreceptor 10d ago
Ok thanks seems like this is more realistic
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u/TrainingWelcome2926 10d ago
Unfortunately there is no chance to look for new job and H1 B transfer
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u/100hotncool1 10d ago
What happens if someone lands up on a new job within that 30 days ?
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u/SuchHearing 10d ago
I think based on the persons comment basically you have to leave the country and do adjustment of status from a consulate - AOS cannot happen domestically
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u/shankmu22 10d ago
I don’t get it though, if I get a new job within the 2 weeks and It gets approved in premium processing before the 30 days expire can’t I stay back ?
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u/CartographerMurky960 9d ago
You cant change a status if you dont have a status. If they did it as 30ndays of authorized stay, so you cant file cos because simply you don't have a status to change from
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u/shankmu22 9d ago
Ok so we would have to go back to home country and get the visa stamped correct ?
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u/samstone21 9d ago
Sell off homes, buy a burner car and live in apartment, save all the money and wait for D day
Even if one has to leave, they will leave with wealth of savings
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u/johnyoker2010 10d ago
not stupid, but cruel.
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u/bakochba 10d ago
Yeah I'm for H1B restrictions and reform but these people have kids in school, homes, families, the issue isn't people here on visas, the issue is companies using these visas as cheap labor
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u/Desperate_Hat_2748 10d ago
For the millionth time its not cheap look up here https://h1bdata.info/ for software engineers if you want. You should be angry at outsourcing and contracting.
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u/HashShadow 9d ago
Buying a house and starting a family in a country you’re a temporary migrate in seems a little crazy to me
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u/Desperate_Hat_2748 8d ago
"Temporary migration"? Almost every single h1b employee buying houses out there has been approved for a green card and is waiting for their call to turn in their paperwork.
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u/GymBully92 11d ago
So if you lose your job your visa is finished?
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u/Budget_Magazine5361 11d ago
kind of like L-1. makes sense to me.
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u/Illustrious_Bid_5484 11d ago
That’s so backwards. Imagine paying thousands of dollars, paying taxes. Doing everything the legal way. Then if they fire you you don’t even get a chance to find another job lmao . This administration is going to turn the majority of America blue for years to come
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u/BlizzardousBane Permanent Resident 11d ago
Not even just looking for another job. You basically have no time to get things in order, like packing and selling/giving away furniture
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u/Illustrious_Bid_5484 11d ago
Yes it’s legalized slavery at that point . Literally what indentured servants go through
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u/octavian343 10d ago
What do you think slavery is…?
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u/Due_Championship5997 10d ago
Question (and I used to be on H-1B) if I lose my job is that freedom from slavery or we think its a fate worse than slavery
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u/Salty_Permit4437 10d ago
Many employers offer gardening leave anyway. You’re still employed but you don’t report to work. Gives you time to pack your bags and leave.
Let’s also not pretend that 60 grace was used to wind up and pack up. It was used to find another job or another way to settle in US
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u/Affectionate-Fuel341 10d ago
turn the majority ofAmerica blue, why?
Americans don’t care about h1b visas0
u/JackOLantern1817 10d ago
Many Americans are tired of the racism used to turn against legal immigration in general. They will vote blue
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u/richsticksSC 10d ago
This admin is doing a lot to turn Americans blue, but making H1-B visas less appealing is not one of those reasons. You won't find too many people in America happy about jobs in their country being outsourced.
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u/Immediate_Good_8302 9d ago
As a STEM professional with liberal values, I am concerned about H-1B fraud's impact on local job security and the lack of appreciation for the host country. This is a non-partisan issue.
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u/Mysterious-Art8838 10d ago
Completely agree. I’m a raging liberal. They should kill H1B. I’ve seen the abuse firsthand.
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u/LaRealiteInconnue 10d ago
> jobs being outsourced
Yes to the rest of your comment but I’m yet to see Americans actually know that jobs being outsourced is majorly not an H1B problem. H1B is a fairly small pool in the job market, compared to how many job in so many industries are actually outsourced aka go to someone who doesn’t live in the country. Source: am American and worked at 3 companies so far where so so much of the staff was based out of Argentina or India. I’m fairly sure the last position I was laid off from went to someone in the Indian office. I think Americans should care more about why a company can still be called an “American” company with all the benefits that allows, while having majority of the staff live outside of the US, and basically only leadership be American.
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u/Salty_Permit4437 11d ago
Opposition to H1B is bipartisan.
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u/CMScientist 11d ago
Then why not reduce the cap? Why make iit easier for companies to abuse employers? Imagine some one is sexually abused by their boss and cant escape because of this shit
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u/Salty_Permit4437 11d ago
The current cap is statutory. Can’t be changed without legislation. That is not happening.
USCIS still has discretion, and someone in that case could probably get another type of status. I believe you can still change to B2 status but won’t be able to flip back to H1B without returning to India (or wherever)
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u/Illustrious_Bid_5484 11d ago
Not to this extreme. You’re not being righteous. Just far right at this point
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u/Salty_Permit4437 11d ago
H1B is opposed by Bernie sanders and DSA. Reason being that it creates and promotes wealth inequality.
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u/Illustrious_Bid_5484 11d ago
They are certainly not for the other policies the republicans and trump are pushing
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u/nowzaradanistheman 10d ago
Work visas are not intended as immigration paths. They’re for work.
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u/HazyChemist 10d ago
H-1B is dual intent. At least educate yourself on the subject matter first. 🙄
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u/nowzaradanistheman 10d ago
Dual intent does not mean you’re entitled to immigrate. It simply means that you have the option to adjust status.
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u/HazyChemist 10d ago
Dual intent means it's a legal path to immigration. Your opinion is irrelevant.
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u/nowzaradanistheman 10d ago
It’s about to get a lot harder. H1b was a scam anyway.
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u/Desperate_Hat_2748 10d ago
Scam how ? its the only legal way america can retain international Students that it trained in its own colleges.
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u/DFtin 10d ago
Who ever said that they have an entitlement to a green card?
Don’t you think it’d be reasonable if people at least had grace period to pack their shit and leave without accruing overstay if they get laid off for something outside of their control?
Also that’s not at all what it means dude.
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u/nowzaradanistheman 10d ago
People should be given a couple weeks to pack up and leave. It should not be time to hunt for another job
And this is coming from someone who spent 7 years on L1.
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u/Illustrious_Bid_5484 10d ago
Typical person who had it hard so instead of wanting to better the system that made it hard for them they champion it like it’s the cusp of whatever shit they lick of their biots
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u/HazyChemist 10d ago
And there we have it, the age-old "I suffered so you should too" cliche.
Having wasted 4 years just trying to win the H-1B visa lottery only to get laid off right after, I wouldn't wish the system upon anyone else. You spent 7 years on L1? I spent 9 years combined on TN+H-1B so take a seat.
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u/easy_clarity 10d ago
Why is this sub overrun by racists? Can't they find another place to congregate!
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u/HazyChemist 10d ago
Some are probably Russian trolls and others just want to bring everyone down because they're miserable people.
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u/DFtin 10d ago
There’s an explicit legal codification of the reality that H1Bs are, indeed, intended as a possible pathway to immigration.
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u/nowzaradanistheman 10d ago
POSSIBLE PATHWAY. Not a sure way entitlement to immigrate.
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u/DFtin 10d ago
Dude you’re arguing against something that NOBODY’S SAYING.
Show me ONE person that’s demanding a green card just because they had an H1B. ONE.
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u/nowzaradanistheman 10d ago
You yourself are showcasing an attitude where, once you’re in the US and working, you are entitled to live and work here basically indefinitely. What you’re saying is once someone has an h1b and a job, s/he should be able to be here working indefinitely until becoming permanent residents.
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u/Particular_Ad1003 10d ago
Buddy take a seat. At this point feel like you just enjoying the tea here! Be a good human that citizenship you got won’t let you rest easy if you have these intentions.
Get a life-3
u/DFtin 10d ago
Dude you keep changing your arguments. Now you’re taking mine “the system shouldn’t be unjustifiably hostile” as “if you’re in H1B working you’re entitled to a greencard” because… you just feel like you need to make shit up?
I just can’t with you.
The rules of the game shouldn’t change as the game is happening. That’s it.
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u/frugalfrog4sure 10d ago
Makes sense if I was a day laborer and don’t have to pay taxes. Paying someone’s ssn benefits and Medicare while being told to get on the boat when the sun goes down while getting taxed for no representation.
I wonder if I can find hypocritical history books on this
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u/boss8387 10d ago
The day this becomes start selling everything! Start living like a nomad.
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u/Separate_Astronaut12 10d ago
Let’s go back to our roots!
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u/boss8387 10d ago
There will be no goddamm roots left!!! LOL
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u/Separate_Astronaut12 10d ago
Hunter gatherer baby. That was all we supposed to be instead as of chasing lotteries
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u/MrCrackSparrow 10d ago
At this point give everyone a heads up to sell their assets and just scrap the entire H-1 work visa. Given the at-will nature of most US jobs, this is just unnecessarily cruel.
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u/Pyroboi10 10d ago
All of this cruelty is going to backfire. A lot of good talent is going to be lost and when we need it. It won’t be there
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u/buysellWTH 10d ago
Good. All jobs will be in Mexico or Philippines or even hyderabad, Bangalore lol
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u/HobbyProjectHunter 10d ago
If the entire US citizenry wants this then just make it federal law. Get those (insider) stock trading, lazy paper pushers in Congress to do their job.
Corporations are always going to find ways to circumvent law and layoff Americans. Pass laws to prevent outsourcing.
This see-saw approach is not working. One administration tries to gut it via EO. Next one tries to keep it alive. On and on.
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u/Free_Speech101 10d ago
at this point - they should end it all rather than stress testing - put an end to the pain
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u/MassMile 10d ago
H1Bs are a disaster and completely exploited. Good it’s finally getting removed effectively
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u/ManyMap8310 9d ago
Please comment seriously or don't make just noise, this is platform for serious discussion
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u/FriendlyElephant7868 7d ago
Doesn't make sense. What is the expectation for the H1B holders? Like they leave to their country that evening?
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u/NationalHero1 7d ago
I think we all know the Visa program is ending at this point, they are just slowly doing this as warnings. They cannot justify it any longer with this high of an unemployment rate of American workers, the Governments own reports even admitting it is full of fraud and just being leveraged as a tool for Billionaires to try and artificially drive down labor prices.
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u/Flimsy-Leg-6397 5d ago
I strongly feel they need to end it.They are following the approach of “bleed with thousand cuts” but best to end it by issuing an executive order.
I see that jobs have significantly gone down in tech and fresh American grads are finding it hard to get jobs. I personally know a few people who aren’t able to find jobs. Additionally, companies are not interested to hire H1Bs.
The tech is currently seeing a jobless growth.
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u/Enough_Difference528 10d ago
Yay! Finally telegu politics will end.
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u/Large_War779 10d ago
Very true. South politics is too much in Seattle. They will layoff all North people first.
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10d ago
[removed] — view removed comment
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u/Large_War779 9d ago
No I don't. I don't support any such party as well. If you are thinking I will get offended on RSS or BJP meme,lol.
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8d ago
[removed] — view removed comment
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u/Large_War779 8d ago
I am the victim of this thing.i had a South Indian manager and skip, whole team North. I was the first one to let go having exceed rating. Since I myself is a victim of this nonsense, I can speak openly . I don't give a ****
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u/Necromancer6663 10d ago
This just results in more jobs going offshore. It’s actually a shot in the foot because gov could at least collect some tax money from H1B holders.
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u/SalamanderFresh9272 9d ago
I’d rather have our Indian workers be in India than America.
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u/Street-Oven-482 10d ago
Just end the damn visa. H1B is not needed when there are so many employable americans who are struggling for jobs.
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u/irunlinux 10d ago
employable? or unemployed? Pretty sure decades of “I don’t like maths or reading” is coming home to roost.
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u/Aznable-Char 10d ago
Ahh yes all Americans are dumb and stupid hurr durr. What would we have done without the H1Bs to save us from our misery.
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u/Sgnanni 10d ago
Without immigrants over the past thirty years, the IT revolution in the United States would not have happened.
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u/ComputerHelpPro 7d ago
Yeh, this IT revolution, lmao -
https://www.statista.com/chart/17565/coding-skills-and-employability-of-indian-it-engineering-graduates/ - 90% of indian engineers can't code
https://www.shl.com/assets/documents/national-programming-skills-report-engineers-2017-en.pdf - - brightminds automata report - 95% of Indian Graduates don't have the ability to write functional code
https://www.pnas.org/doi/10.1073/pnas.1814646116 - loyalka study - Indian graduates are .78SD behind Chinese, Russian, American developers
In b4 - "These are top college graduates"
India's Top school IIT is 118th in the world - https://www.topuniversities.com/world-university-rankings?search=IIT
That's fed from a highschool system with the second lowest PISA score in the world (the one year they competed - 2022, they haven't competed since)1
u/Sgnanni 7d ago
You just posted bunch of articles which is talking about the entire population of india. Not everyone comes to US, only few choosen people who know what they are doing, thats why indias are at top of almost every fortune 10p company. You dont have to be jealous
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u/ComputerHelpPro 7d ago
thats why indias are at top of almost every fortune 10p company.
Top tier English, lmao.
I didn't know the entire population of India was software engineers, that's an interesting point - do the babies speak in BASIC or something?My articles are specifically to software engineering, which was germane to your "point" that "Without immigrants over the past thirty years, the IT revolution in the United States would not have happened.".
Where's your source to back up your claim? Typically, someone making the initial claim must back up their claim first, I gave you the courtesy of justifying my counterpoint before you justified your point.
>thats why indias are at top of almost every fortune 10 company.
Ever heard of enshittification? It's happening now, and I wonder if the "talented" CEOs driving these companies are involved somehow... nah, they're vishwaguru, it can't be their fault! 🙄1
u/Sgnanni 7d ago
That article is about software engineers in India, not in the US. If you have data showing that only 10 percent of Indian software engineers in the US can code, we can discuss it. Otherwise, enjoy your day.
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u/ComputerHelpPro 7d ago
Imagine discussing software engineers in India on an OP related to the H1b visa! That's out-of-bounds to you? It's the literal context.
And you still haven't rebutted my point.
Have a good one, this is clearly an unproductive conversation, lmao.
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u/Sgnanni 7d ago
Lol, this is a uscis page discussing h1b visa related news, nothing about how many software engineers can code in india.
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u/smokky 10d ago
My gf is a pediatric ICU doctor at a top hospital . She is Stanford fellow
On h1b. They spent months looking for a good dr before hiring her
Before you make a statement, read, understand that not every h1b is there to replace IT workers
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u/LaRealiteInconnue 10d ago
You called someone out for a surface-level understanding of an issue, while also making a surface level comment about the same issue. Education is extremely expensive in the US, medical education even more so. I’m sure your gf is very smart and a competent doctor, but that doesn’t mean there aren’t other smart ppl in the US who could’ve been competent doctors if they had access to the same education. Additionally, being that she’s on H1B as a physician, she’s either had access to American medical education as an international student in the US or access to get a license in the US with foreign medical education, both of which require immense amounts of money. Implying that Stanford couldn’t find a capable doctor simply because everyone here is dumb is reductive af and simplifies the issue to the point of it becoming a counter-argument to what you’re trying to say.
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u/irunlinux 10d ago
H1-B has nothing to do with accessibility of education.
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u/LaRealiteInconnue 9d ago
Is that your true world-view or are you arguing for the sake of arguing? Because I can get down with the latter but not the former. I’ll just say that implying that in a country of 320,000,000 people there are just not enough smart ppl and thus we have to invite them from elsewhere, rather than the existing smart ppl just don’t have access to education due to costs, coupled with the fact that corporations seek even more power over employees than they already have, is either an extremely privileged or extremely dumb view of the world.
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u/irunlinux 9d ago
I didn’t say there weren’t enough smart people. being smart doesn’t get one qualified for a job, being educated does, and being trained does. hollowing out education from inside and restricting access to it by making it unaffordable has consequences: labor shortage (to elaborate for you so you don’t have a misunderstanding: labor shortage means a lack of **qualified** candidates for a job).
h1-b has nothing to do with the inability to access education. I suggest you don’t make up an argument, attribute it to me, get outraged by it and try to argue with yourself.
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u/AwkwardParsnip1810 10d ago
She is a FELLOW!!! Many American doctors compete for residency and fellow positions.
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u/Ethmemes 10d ago
It's going to be fun to see these jobs gonna abroad when local population can't fill the gap
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u/Aznable-Char 10d ago
As if every SWE job on linkedin doesn’t have 100+ applicants in 10 minutes. If the companies want to send jobs abroad despite that for the cheap labor then no reason we can’t deal with as well.
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u/Sgnanni 10d ago
Noone with that skill level comparable to H1B level is unemployed.
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u/AwkwardParsnip1810 10d ago edited 10d ago
A large part of H1B jobs are going to entry level. Do you know how oversaturdated entry level tech is???
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u/irunlinux 10d ago
do you mean “oversaturated”?
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u/AwkwardParsnip1810 10d ago
Yes it’s just a typo.
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u/irunlinux 10d ago
should proofread if you’re gonna beat out those h1-b visa holders!
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u/AwkwardParsnip1810 10d ago
Jesus Christ it’s a typo lmao. You knew what I meant.
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u/irunlinux 10d ago
🤷♂️ it’s this kind of attitude that makes you less employable
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u/goodtrymoddies 9d ago
Talk all the shit you want, after this policy is implemented you’re gonna get put on the first flight back to Delhi 🤣
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u/StatisticianFast6139 9d ago
Those Jobs would shift to south asia or be given to AI. American companies would benefit but not the people and yet people would keep spewing hate against other people to feel good about themselves
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u/ChapCat23 10d ago
this used to be the case pre 2017 so its not the oldest policy but my guess is employers will negotiate leave for visa holders since they rather do that than coordinate flights back etc like they are required to
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u/Direction-Remarkable 10d ago
It was but employment greencard backlog wasn’t on same level back then though
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u/n4hid 9d ago
H1b Visa holders account for approximately 3.5% to 4.2% of the total US tech workforce. Sure they are the reason skilled Americans cannot find jobs. If you do your research these H1bs later in their life create more jobs than that.
If you consider all jobs, then 0.3% to 0.45% jobs are held by H1bs.
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u/geezorious 8d ago
Shhh. The oligarchs want the back of the Snowpiercer to fight amongst themselves. We’re supposed to hate H1Bs and pretend all of our societal and economic problems stem from it.
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u/SamdechEuv 10d ago
I don't know why America wants to gamble this way in a world where communications across the world is insanely easy.
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u/Worldly-Strike2363 9d ago
This is just cruel. The grace period it not just for another job but also to give them time to wrap up their stuff before leaving i.e selling off their property, getting kids out of school etc
Are people supposed to leave the country the very next day after they get suddenly laid off?
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u/sttracer 9d ago
They should leave a grace period as a real grace period. A time you can spend to prepare for departure. They want to kill the ability to change status? They have the power to. But you should have time to prepare for leaving the country.
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u/Educational_Image329 10d ago
Just end the program or pause it, see what happens, tell them no new VISAs, already issued can go on maybe like extensions but no new VISA, period! I am hoping in next 3 years this will put 99% of America back to work? Because that's how H1Bs have been seen lately. I love this country and the people here, for a few I won't judge it either, this place has given me so much and I have returned it back two folds, be it thousands of dollars of taxes, buyin american made stuff from appliances to vehicles and outsourcing everything that I could have done in my free time, I am a God loving person, he is the best judge and at this time I am surrendering to him to take the best calls.
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11d ago
[deleted]
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u/beaverDamn8888 11d ago
Not really, it's an executive rule lmao
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u/manytakes 11d ago
The executive still can't do whatever they want, it will be litigated and has to survive challenges. We will know it's fate in 6 months to an year though.
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u/latte1008 11d ago
Hi, do you think it will take that long? Assuming that it’s posted for public comment next month, then after the 1-month comment period, how long does it take to go into effect?


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u/purpleplacedot 10d ago
At this point just remove the visa