[Assam] H1B innovation? One-Horse US Univs; Loan Crisis Hits the MBA World

[Krishnendu Chakraborty]

> have explained why the quota got filled up. It was because of
applicants who filed multiple H1s through shady consulting companies
having no real job. Did you visit any of the immigration sites. the
>murthy.com will be a good start


>### I thought the US congress found that multiple H1Bs were filed by INDIAN firms - same firm - different H1B applications - and thus restrictions were placed.

*** The restrictions restrict multiple H1 for same person by same company.  It does not restrict a candidate to pay 3 companies and get an H1 filed by all 3 companies for this candidate.     This chokes the system.


>### The criterion for deciding whether the UNIV is doing cutting edge research - was any Nobel prize winners -- it was not for a candidate applying for H1B - a Nobel prize winner can directly sponsor herself for a greencard -- no employer or >H1B needed!! Same for guys like Oscar winners.

****  It was you who said that Researches from Tier 3 univ yields to Nobel Prize.  So,  I thought you will know some such examples. Actually,  you need to clarify on your tier 1, 2, 3 and which schools belong to each group.
 
Second,   for a GC  you never need an H1.   Technically a GC even in EB3 can be filed by an employer even if you have never been in US.   You can go for consular processing, get your GC and come to US to work.  

You are right on other aspect -- a Nobel Prize winner (or someone close to that) can ofcourse self file for GC.    But you need not be that close.    How the lawyer puts your case often makes or breaks the case.   A friend of mine got his GC through this route and he was not within 10000 miles of Nobel Prize.  What he told me is ,  his lawyer presented before CIS  that he just missed the Nobel Prize by an inch :)   You however do need research, file for patents, need recco, publications etc. 



>###Ha Ha Ha. You mean just becos I managed to get a student loan to pay for studies - I would get a loan to sit on the >bench. Thats unrealistic. Some master's grad might do that --- but I think the bench grouse is mostly against INDIAN >companies - as per various US programmers guild forums - that they bring in H1Bs and put them on the bench and then >fiercely compete to get contracts . 

****   It is more likely that a person who has  invested $50K for education  will go any extent to  be in US.  Further,  who do you think will have that much money to pay for H1 and survive during bench period -- one who can afford to pay $50K for education or someone from a third world country who could never afford to get that amount either from parents or not have collatarels for loan.  What is more realistic ? A  H1B from India can sit in India till he/she get a project and need not come here and sit on bench to start with.    Did you visit the immigration forums ?  The initial bench period is mostly observed either those from F1 -- H1 OR from H4 -- H1.  For others,  the initial bench is pretty low ... it becomes more of a problem when they are in between projects.  
The initial bench suggests that the employer filed for an H1 without having a real job for the employee. It really does not matter if the company is Indian/American/British or Cambodian  what matters is  -- 1) If the candidate PAID to get the H1 filed (Illegal) ; 2) If the candidate is sitting on bench without pay (Illegal); 3) If the candidate forged his experience (happens also to US Grads/Under) or education (not posible for US Grads/Under).
Further,  the company need not BRING H1 from outside for any/all of these violations ,  these violations can very well be made for/by F1 - H1 candidates.




>### I think $12,000 is not a big amount for any middle class family staying in even B class towns in India. One can >easily get loans even in India against house etc - and I think even without collatoral for that amount. It was not a choice. 

**** $12000 may not be a big amount for you but it is still a big amount for many Indians.  For getting loan you need a collateral which again is not available to MANY.  You need to be from at least an upper middle class either to have $12000 (Rs 500000) for  an investment towards H1/GC  or to get a loan against a collateral.
Why I say your hrdship is by choice ---   being from  an upper middle class family in India, you could have led a decent life in India , studied in a good college/university and bagged a good job , for much less then the amount you spent for your education in US.   It was your choice to study in US use that as a step to go for H1 and probably GC .  So  your hardship was by choice.

>### A deserving candidate is she who has the skills/experience. It does not matter what her family background is. She may be a princess or from a slumdog. As long as she has the skills she should get priority. Thus, my contention that a US master's degree holder is more skilled than one without it. 

****    Right a deserving candidate is one who has skills/experience .  But you missed out an important point -- skills and experience in the field where you have a vacancy.  So for example  if the job demands (say) Mecahnical Engineering an ordinary BE (Mechanical) from a third world country is more skilled then a PhD in IT from Harvard.  
That's exactly where these shady consulting companies come to the picture ... luring non-IT US Grads and UnderGrads for a crash course in IT and trying to fit them in IT.   See some immigration portals and  Ads in Sulekha and you will get to the bottom of problem.    Not to say there are no requirements in other fields  but the majority opening are in IT.  

Further to that,   a low flier from a US school with no experience can still be less skilled then a high flier from an Indian college  and/or significant experience.   So US School is NOT a single criteria for skills/experience. 

Rather then the US/non-US debate you (and other US Grads) should direct your discussions on  how to clean the CIS process to stop multiple H1 filing,  use of fake education/experience,  stop H1s for fictitious and non-existing jobs etc.   


>Further, for H1B one doesn't need 3 years experience if one has a 4 year bachelor degree. If one doesn't have a 4 year bachelor;s degree then only oneneeds 3 years' experience. 

*** You are right. I missed that.