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  1. Legal Immigrant

    Legal Immigrant Banned

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    There should be a 'dislike' option since I was thinking to use that on this post of yours. With due respect, please come out of your so-called hostile mentality. In this country, if you are paying for some service, off course you are entitled to the customer service. I am not trying to be rude but, please stop thinking that somebody is doing any favor to you or giving you any "Opportunity" here.. People like us, who are on H1B, already face so much opposition from so many anti-immigrant groups, this country is made up of people like us, immigrants. I know we have some limitations, but this doesn't mean any agency, who is solely, living upon the money from immigrants, is not responsible to answer. Need to be more professional, than always singing the "Favors" or "opportunity" song.
     
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  2. ashnov2012

    ashnov2012 New Member

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    When we apply to jobs, most of the employers have a footnote saying " All qualified applicants will receive consideration without regard to race, color, sex, national origin etc.,". When we say we need H1 then they back off. Ideally the GC is backlogged because we are of different national origin.

    Comments ???
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    National origin protection does not apply to nonresidents who are denied employment because and employer does not wish to go through the petitioning process.
     
  4. Legal Immigrant

    Legal Immigrant Banned

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    Honestly, those employers are more concerned about prevailing wages more than petitioning hessels.. I know some anti people say we are low-wage workers, on the contrary, employers can pay anything to the GC holders and not to H1B.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Honest H1B employers generally pay more than the actual prevailing wage. Dishonest employers try to come in at Level 1
     
  6. Legal Immigrant

    Legal Immigrant Banned

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    Yes, I was talking about only those employers who deny employment just because of sponsorship. Otherwise, if someone is more qualified than others, why wouldn't they hire that person?
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In my experience, the employers we work with would rather hire U.S. workers and avoid the immigration process entirely. They hire foreign workers because they have no choice.
     
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  8. s_gan

    s_gan Super Moderator

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    Agree. It depends on the employers, but currently there is no mechanism to weed out fake employers.
     
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  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is. Report them to the authorities. The system doesn't work unless everyone does their part. If you know of abuse, report it.
     
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  10. agulv

    agulv Guru

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    We all talk about abuse and misuse but no one takes the steps to inform the officials. If we were seeing this issues we should be reporting them.
     
  11. mar212011

    mar212011 Well Regarded Member

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    I think it is just too hard to prove a fake employer - if a small time company posts a position, most of the citizens dont even that company exists, why would they even think of applying for that post for a full time position
     
  12. Legal Immigrant

    Legal Immigrant Banned

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    I agree Ron. I know you might be working with genuine people only. Your credentials deserve that.

    But, reality is: Even American fortune 100 companies prefer some so-called "preferred vendors" to hire the labor pool from them only. They won't even post the vacancy publicly.
     
  13. Kamakazee

    Kamakazee Super Moderator

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    That is what the H1B visa was designed for in the first place. After the H1B lottery started, my company stopped sponsoring H1Bs and hence stopped taking in STEM OPTs. A company can CHOOSE to not process an H1B.

    Unfortunately, the problem is that most IT projects are short term needing a specific skill set. It is easier to hire a consultant from a body shop temporarily than hire a FT. The consultant takes care of the immigration paperwork and the employer can let the consultant go after the project is done. I do not see it going anywhere as this business model is here to stay. When you hire a FTE, the onus is on the employer to keep the employee engaged 40 hours/week. No worries like that when it is a consultant. You simply hire them for a specific project, when it is done you let them go.
     
  14. Legal Immigrant

    Legal Immigrant Banned

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    STEM OPTs eventually need sponsorship right? They are not permanent either.
     
  15. Kamakazee

    Kamakazee Super Moderator

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    Yes, that's why companies like mine have stopped hiring STEM OPTs as they will eventually need H1Bs (Indians).
     
  16. Mayur

    Mayur Well-Known Member

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    Can that be termed discrimination? I mean if they do not specifically want to hire Indians , it should be called so
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It is discrimination, but it is not illegal discrimination. For example, we have a hiring policy that promotes the hiring of vets, whenever possible. It is discriminatory, but it is not illegal discrimination.
     
  18. Mayur

    Mayur Well-Known Member

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    Thanks Ron, makes sense
     
  19. Kamakazee

    Kamakazee Super Moderator

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    The point is - no company can be forced to file H1Bs. It is their choice. Many companies back out when they hear that they have to process a work visa, its not uncommon.
     
  20. Mayur

    Mayur Well-Known Member

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    The way i understood it was that they dint want to hire Indians, but i now understand the have a say in this - not only in deciding whether they want citizens/non-citizens, but also H1'Bs or not.

    Are your folks open to STEM OPT people from other countries?
     
    Last edited: Aug 20, 2015

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