H4 EAD Rule Latest News - Trump Administration Revoke and Lawsuit Status

H4 Visa EAD 2018 News – Lawsuit Status, Trump Administration Impact

In Immigration| Visas by Saurabh1043 Comments

For many years, since the H4 visa program inception, H-4 holders have not been provided with any work authorization. This changed on May 26, 2015 when USCIS passed the Employment Authorization for Certain H-4 Dependent Spouses rule. The H4 visa dependent spouses were eligible for work authorization EAD provided the H-1B spouse satisfies one of the below two:

  • Have an approved I-140, which is the immigration petition for foreign citizens to get Green Card or Permanent Residency in USA.
  • Have H1B visa status extended beyond 6 years under AC21 Act, which allows H1B holders seeking Green Card to work and stay in USA beyond 6 years, if their Green Card or Permanent Residency Application is Pending.

Soon after the H4 Visa EAD Rule was enacted, two things happened:
1. Thousands of H-4 spouses applied for H4 visa EAD  ( Employment Authorization Document) and got their first chance to work in US after many years of staying at home.
2. A lawsuit was filed against the H4 EAD rule to stop it from going into motion. More details on H4 EAD Lawsuit.

What’s the H4 EAD Lawsuit ?
‘Save Jobs USA’ (an organization comprised of IT workers who claim they lost their jobs to H-1B workers) filed its lawsuit against Department of Homeland Security (DHS) on April 23, 2015 before the rule was about to go live. The lawsuit was initially dismissed by a Federal district court in September 2016 (check references below ) as “Save Jobs USA” could not defend their lawsuit that H4 EAD holders will impact them. The plaintiffs, who is ‘Save Jobs USA’, filed an appeal to the United States Court of Appeal for the DC Circuit. The plaintiffs, claim two things:
1. The new rule has no protections for US workers and increases the pool of workers looking for jobs
2. DHS never had the authority to grant EADs to H-4 visa holders.

H4 EAD & Trump Administration Timeline – 
Since President Trump’s administration took office, there has been lot of speculation and rumors about what will happen to H-4 visa EAD rule. Below is the timeline of what has happened since President Trump took oath:

  • February 2, 2017 : The Trump administration requested ( filed a motion) a 60 day abeyance  (state of temporary inactivity ) to consider the issue and submit their brief ( response to consider the case).
  •  April 3, 2017 : The administration asked ( filed a new motion) for additional 180 day abeyance(state of temporary inactivity ) before they can provide their opinion. The Trump administration will update court every 60 days on the issue and update court before elapse of 180 days.
  • June 23, 2017 : The appeals court granted a stay on Jun 23rd, 2017 and asked both the parties, SAVE Jobs USA and DHS to file further motions on how they would like to proceed with the case by Sep 27, 2017.
  • September 20, 2017 :  SAVE Jobs USA has filed its motion stating that DHS has not taken any action and no publication of rule has been done in Federal register related to the H4 EAD rule and they requested for oral argument to conclude the case. They continue to tell that the delay would hurt american workers and new litigation would begin again.
  • September 27, 2017 :  DHS ( Trump administration)  filed a motion and requested the appeals court to hold the current H4 EAD case again in abeyance( which basically means hold on temporarily in suspension ), until December 31,2017.  The whole reason DHS have asked for this extension is to ensure that DHS and administration align their entire approach to implement Trump Executive Order 13788 on Buy American Hire American  and consider how to handle the H4 EAD rule as part of  overall view. For source, you will need PACER Login to view the entire document on court’s website.  Below is a screenshot of the actual info. H4-EAD-Lawsuit--Update-Extended-till-Dec-31-2017
  • November  17, 2017 :  There was a new request to extend the deadline, but court has denied the extension and has asked to continue and proceed and file their motions by January 2nd, 2018.  See belowH4 EAD News Update - 2017 November for January 2-2018
  • November 21st, 2017 (Unofficial – News) : A News article on Breitbart news says that there is a regulation drafted by DHS and is on the table to end the H4 visa EAD program.  Until we see this published, it is still a rumor. You can read the News on Breitbart.com  . There are so many speculations all over the place, please take every news with a pinch of salt.
  • December 14th, 2017 ( Official ) : DHS has published an agenda item “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization” today in the Fall 2017 Regulatory agenda. Basically all it says is that they intend to amend the original rule published for H4 EAD Rule in 2015  and potentially remove it as per the Buy American, Hire American EO by Trump Administration . It states that the DHS Secretary has authority to do as per INA regulations. Not many details published except that it is part of the agenda and they plan to remove it. We have no details on what happens to current H4 EAD holder working.  As of today, basically nothing changes as it is in proposed rule state.  We can expect progress or update on this in February 2018.   Below is a screenshot on what you see on regulations.gov  You can check the actual official info at Reginfo.govH4 EAD Work Rule Amendment 2017 Fall Agenda
  • December 22nd, 2017 ( Official ) : Both DHS and SAVE Jobs have filed respective motions, one to hold the case in abeyance (hold), other fo oral argument and not hold the case in abeyance. Below is quick summary.  
    • DHS Motion Summary : DHS has filed a motion to hold the lawsuit in abeyance ( basically on hold/suspension ) as they are in regulatory process of implementing the “Removal of  the H4 EAD” and they plan for Notice for proposed rule making ( NPRM) in February 2018. They say that having an oral argument now is of no use, when the H4 EAD rule is going to removed with regulation. As they are in process of removing, they are asking more time and will inform court in July, 2018 on the progress. You can check the document link in Official Documents section below.
    • SAVE Jobs Motion Summary : SAVE Jobs argues that in the first place DHS never had the authority to implement the H4 EAD rule without an act in Congress. They say that the regulatory process will take years, as the previous H4 EAD rule making took over 2 years from publication in regulatory agenda, and it will impact many of the Americans. Also, this process will lead to more lawsuits around the DHS rule to remove H4 EAD. The best path is to have oral argument and have a judgment.You can check the document link in Official Documents section below.
    • Current Status : Court is yet to review and give a decision on the motions filed by both. We will keep you posted.
    • Official Documents : You can read both the documents at H4 Visa EAD – Official Court Documents DHS, SAVE Jobs.
  • January 5th, 2018 ( Official ) : Many are waiting still for the update as we are past Jan 2nd, 2018 ,which was when we are supposed to hear something from the Court. As of now, there is no update on the case. We have checked court case updates, nothing has been published. Just to give you a perspective, the court has responded at least over 1.5 month after the motions were filed. As you can see below the actual court updates from the case on Court’s website, I have highlighted the one in RED, where court responded to the Motion filed. Now, if the same trend continues from court, we may not hear back anything end of January or February. Of course, just guessing here based on history. We will keep you posted, once there is an update. As nothing has happened, it can be assumed that Court has given DHS until July 2018 to hear the update. Again, we need official court response, will let you all know, once updated by court.

DHS H4 EAD Court Latest Update 2018 January
What Happens Now – Can H4 EAD be revoked by Trump Administration ? What’s the Impact ? Status ?
As you can see latest update above, we have a new agenda item called “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization”  that it is part of the Fall 2017 Regulatory agenda.  Keeping the H4 lawsuit aside, now it has moved to a stage where the published agenda item to remove the H4 EAD rule.  We do not have any details on the expected actions and what happens to the current H4 EAD holders, etc. So, kind of unknown at this point.

Also, as for the Jan 2nd, 2018 deadline on the H4 EAD lawsuit, we have to wait and see what court decides based on the motions filed by both on Dec 22nd, 2017. (Update : No update yet from Court.)  We do not know for sure the timelines of the changes and if there will be any lobbying… if you are on H4 EAD, it is good to have a back-up plan for the worst case scenario.  We will keep this article updated as new information emerges.

What are your thoughts ? What do you think of new Fall 2017 regulation ?

Reference :

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Comments ( 1,043 )

  1. Jothika Iyer

    H4 ead will be revoked as they are planning to publish the final rule sometime in February 2018.
    Many websites reporting the same.

    1. Nihith agasthya

      Looking forward to it.
      Can’t bear the h4 Ead ladies who sat at home for 5-10 years working on h4 ead now with their fake resumes for $28 per hour in IT field. They are polluting the market in Charlotte NC.nit sure about rest of America.
      I am a h1b holder and I want h4 ead to be gone.

      1. Charlotte

        Interesting! Are you saying ladies who sat at home for 5 – 10 years can just come in and do your work? What type of work are you doing? Doesn’t seem to be highly skilled to be on H1B!

        Charlotte is also a hub for a lot of outsourcing companies like TCS, Cognizant. USCIS should conduct site visits in Charlotte to stop fraud.

    2. Bubble

      Hoping to hear the revocation news .I hold a H4 EAD too .But it’s very hurting to see ladies who are not qualified at all doing IT jobs and creating big scene like they are Rulers of USA.I am a medical professional with little pay here .But people who are not even qualified as I am earning more in IT

  2. Anonymous - H1-H4EAD-H1

    I was on H1 for 5 and half year but couldn’t start my green card process. Already moved to H4 EAD few months back. I want to go back to H1 as I have few months left on it if somebody can initiate my green card. So my question is:
    1. Can H4 EAD apply for green card? Do you think any complication in getting approval?
    2. Do we have any cases yet who have filed, initiated or get perm/I-140 approval on H4 EAD. I searched through internet but didn’t find much help.


  3. Vapour

    Senator Hatch seems to oppose rescinding H4 EAD: https://www.c-span.org/video/?c4708290/questions-h4-ead-h1b-extensions

    Hope he can follow up on this.

  4. DesiGuy

    As we all know DACA has been resumed recently, so I think nothing will happen to H4 EAD. It will continue as it is now. What’s your opinion? Logical answers only.

    1. cookie

      Think like the Govt…
      Compared to previous year if less taxes are collected, then the govt is in losses. So they will not pull it out entirely but come up with some strict Claus, like pay>70k or 100k is eligible to work. When there are so many people working illegal, so whats the point of firing a taxpayer.

    1. R

      Will u say same thing when ur wife is on H4 EAD ?. If you cant give suggestions for solving underlying broken immigration problems, please don’t ask for anything that u feel will benefit only u. My wife is on H4 EAD and she is working honestly and happy, with NO FAKE RESUME.

      1. Cad

        Are you saying they have to hold the EAD rule to keep your wife working? what kind of a dumb argument is that? Your wife might have the skills but there are thousand’s that are faking and exploiting. If you are really serious about your wife career go where you came from. No one is stopping you to pack and leave.

          1. R

            OMG y do people ask stupid questions. Anyhow will answer urs. Its easy to get H4 EAD as i pay for filing fees and iam in process of getting permanent residency. H1b requires sponsorship by employer and there has been lottery since several year and filing fees is paid by employer. H4 EAD employee can work for any employer.

        1. R

          Again another stupid response to a valid comment i made before. I have answers to all ur stupid questions though. First i never said EAD rule should be there for my wife to work. What i said is broken immigration system has to be fixed with proper solutions for all issues. In this case the whole reason people have H4 EAD is the primary spouses with H1B are waiting in long queue for Permanent Residency, even after having advanced degrees in this country and working for long time. A proper solution is to expedite green card process, so that THEY DONT NEED H4 EAD. There is no need for this rule at that time. If you have courage face facts and come back with proper reasoning and solution. Else stay away as u are making everyone feel people are stupid in this country.

          1. Anup

            R..I dont think CAD response was stupid but your comments are nonsensical. Yes immigration system is broken but that doesn’t mean they should fix favoring you and your family. There are immigration rules for a reason and it makes total sense to have country wide caps for giving GC’s. No country wants their immigration to flow from one or two specific countries. If CAPS are removed, the country will be flooded only with indians and chinese. What about the rest of the world? If you cant wait the long wait…take your family and find a place where you all can work. Instead of trolling with half baked facts you should stay away from these forums.

          2. Diversity

            Anup – Are you saying that if they remove the per-country cap, then the country will be flooded by Indians and Chinese? Note: Removing per-country cap doesn’t stop people from other countries to stop applying.

            Did you know that out of the US population of 323 million, roughly 77% are white? Only about 5.7% are Asians. So let’s say all 140,000 applicants for employment-based green cards for next 10 years are from India and China, it will only add about 1.4 million Asians. This is still a small fraction of the total population.

            Does that mean the caps need to be on people coming from countries like Ireland, England, Norway since they are already well represented?

            Per-country cap is an archaic rule and that’s why the bi-partisan proposal of a merit-based system doesn’t recognize this per-country quota system.

        2. Sangi

          Your argument is along the same lines of…there are more than 1000 murderers in united states,lets just go ahead and not let humans enter US. Isn’t that the dumbest statement to make?
          The right way is to check criminal record of people entering US. Similarly employers should ask for previous employer letters authenticating the interviewee’s experience.

      2. Anup

        Sorry to hear that H4 EAD is going to be cancelled. Once you are used to second income, it would be tough to settle again with single income. Hopefully, you didn’t make haste decisions to buy a house. But realize the fact that life is always unfair and should get used to that.

      3. Jo

        Yes the immigration system is broken. They did begin to fix it starting with cancellation of your wife’s H4 EAD . Don’t worry, then they will come after you. Immigration will finally be fixed after couples like you are kicked out.

        1. R

          Haha, u r such a dreamer. It makes me laugh. This is a country founded on immigrants and not urs or ur ancestors. I am here to stay until i wish to as i have permanent residency filed and will get citizenship too. U or no one for that matter can kick me out. Its comments like urs make people really believe that many in this country are stupid. Wake Up.

          1. Sm

            Poor “R” keep day dreaming. God Bless you. Stop thinking with your Pea Sized Brain. You seemed to be totally ignorant that being a temporary guest worker gives you all the rights to claim this land. What you say is true that we are stupid enough to allow idiots like you to into this country. Hopefully jokers like you will be kicked out soon. By the way, keep up the spirits and dont stop dreaming about getting GC as this going to be a verrryyy lonnngg dreammm.

            @Jo, why do you even engage with tiny lunatics?

          2. Anup

            R – before being funny, we should understand that we dont have rights. No point of fighting with natives. They do have all the rights and this kind of arguments is going to harm us in the long term

      4. B

        Your wife stole an American Job that deserved by a TRUE AMERICAN. Obama is a Trait . He is stupid to offer H4 EADs and keep Americans in Trouble. What an A H

        1. Anup

          Dont blame Obama for that. He intentions are noble but our desis rampant abuse with fake resumes and proxy interviews lost the true nature of this good faith effort.

    2. SD

      Not everyone who has H4 EAD gets a job with a FAKE RESUME. Not everyone on H4 EAD works in IT. First, learn about the whole issue and then make a logical comment. If you really know you have people with FAKE RESUME then why hire them in the first place or why keep them on your “team”?

      1. An

        Dont worry folks…no matter what we discuss and fight, H4 EAD is on the chopping block and will be revoked. Seems more folks are opposing H4 EAD than the ones supporting it. First and foremost, let’s all agree that the Citizens get the jobs first. Realize the fact that we are guest’s in this country and should be thankful for the given opportunities . Let the Govt decide what they can and should do for their country men

      2. Sm

        Hell lot of fake resumes. Obama created the rule with good intentions but desis with natural greed and appetite exploited the opportunity to the core. H4 EAD should be disbanded for ever.

      3. Cad

        First people like you should be kicked out. Its really embarrassing to see people on temporary visas making demands and preaching new rules. Why run for the second income and while many citizens are still jobless. Be thankful to what you had OR shut the f*c*k up and leave

        1. SD

          Wow…Calm down dude! We will leave whenever it is clear for us but you really need to take a chill and relax. It’s not about second income but anyways this is like discussing science with a redneck. Also, your ancestors should have been kicked out too unless they were Native Americans. Just sayin!!!! Peace out! Hope you have a better day!

          1. Cad

            oops here comes another Genius “SD” living in his own fantasy dead swamp. Its funny when you think am a red neck. Not only whites ..pretty much every citizen regardless of color,race wants you guys to leave. We are amazed to see the shamefulness you guys still hanging around here. Its a classic case of bringing Native Americans when you guys run out of arguments. Wish you leave soon (with your family) and hope you have a great life ahead in your motherland.

          2. SS

            Rightly said! Others, please don’t be hasty in making such comments. It’s your or your boss’s job to filter out fake resumes. There are a lot of people who are well qualified and who deserve the chance. Also there isn’t only IT and tech. Learn to think beyond that! I am a qualified person working for a non-profit institution making real contributions to medical research in the US and H4 EAD gave me this opportunity. I am not here entirely for the money.

          3. Anup

            Seems H4 EAD will be cancelled. Spoke with our law firm and its almost a done deal. Is there a point to even fight?

        2. ST

          The jobs are open to everyone and if the company thinks that we are more qualified for the job then they will hire us. But the opportunity to get the job is equal to the citizens and rest of the people. Just think why corporates go for the immigrants if they can find the right people.

    3. Alex

      Its quite understandable that our predecessors who lived here for years with spouse not able to work is very upset with H4 EAD rule. Bunch of incompetent folks, who just landed in a job after getting greened or got EAD recently using fake resume are the major critics of the program . Competent guys living here are already well settled and understands the value of program.

      Future of h4ead- Could be revoked, but I really don’t think it will surpass the legal barriers. Nobody can question one’s right to work, and right to earn and support family (which may include US citizens). Most H4EAD holders are competitive young bloods prepared to work hard. They obey laws of land.

      Dear friends who are not competitive enough to evaluate a fraudulent resume, really pity you. Or you could have hired after accepting bribes from vendors. ! Both cases, its your fault.

      1. Nu12

        Alex.. poor crying baby. ohh boy.. really impressed with your wild imaginations. You should try writing for Bollywood or visit a psychologist .

          1. Jay

            You know who is Nu12? He is the guy who was about to leave the country after 6 years on H1B and then luckily for him he got his GC in the lottery system. He thinks because is Perm resident now so he is superior and has the right to say sh*t to other people on this forum. Dude, obviously you are from some 3rd world country for which US has reserved lottery GC for you guys otherwise you worked here 6yrs and nobody/employer thought that you were good enough that your GC should be filed? BTW Trump is going to end lottery system also.

      2. Anup

        “Nobody can question one’s right to work, and right to earn and support family (which may include US citizens). Most H4EAD holders are competitive young bloods prepared to work hard. They obey laws of land. ” —-> Alex is there any sense to your argument? When you are non- citizen, a country will and can question you on the right to work and right to earn. We are non-immigrants and we have to play by rules. I understand your stress, but making wild statements will not help us. H4 EAD is pretty much gone and accept the fact and move on.

        1. Alex

          It makes a lot of sense to whole bunch of US Lawmakers irrespective of party, Federal judges and educated ,well employed US citizens. It does not make sense to Nu’s ,Ku’s an Poo’s who just got greened via fake eb1 applications. It may not make sense to someone whose priority date just became current or hoping to be current next month. It may not even make sense to H4 folks who will never end up in a job,

          Courts have repeatedly dismissed cases against H4EAD. There is no factual data to prove h4 EAD replaced local citizens. There isn’t even an argument presented in the court which has legal bindings. All H visas were designed in a time when green card was immediately available. Most portion of salary earned by a resident is spent in US contributing to the economy. For one going to stay in US waiting for green card for a good portion of their life deserves a workplace pursuant to their skillset. They have every right to feed their kids, support kid’s college or live a quality life. It all boils down to competency of individual where they are going to work.

          Friend Anup, this is USA, a country whose constitution based on liberty and equality of humans. We are not fighting for right to vote or right to contest next elections. We may not be citizens, but are LEGAL tax paying residents, and future CITIZENS of this country having every right to work. Restrictions to certain jobs like clearance jobs is understandable. If some one got talent to start a firm, may be restaurant or a spa, why stop it? Doesn’t provide job opportunity for all Americans ? If some one qualifies for IT job, or Human Resources, or even have skills to be an attorney, or pharmacist why stop them? We support local communities, volunteer for schools and contribute significantly to the public.

          If some one of u who have green card or citizenship, and got kicked out of job, try to analyze your mistake and update your skillsets. Sadistic mean approach wont help you or your kids. You are among the 3% unemployed. To bad! Sick folks. Rather than waiting for H4EAD revocation (possibly going to be a long one) , spend some time with family or learn something new.

      3. Nu12

        Poor Jay..looks like you were massaging your brain to find out me. Well I got my GC through a self petitioned EB1A and still not a citizen yet but will be soon. Poor Jay, be prepared to be kicked out soon..feeling really sorry for you.

        Also, let me be clear, am not against legal immigration but the current lottery system should be disbanded and be replaced with a merit based system.

        1. Jay

          Nu12: Hahaha I am not going anywhere.. I already have my GC. But I have been reading these posts and I remember you due to your insulting and childish comments. For your ref. to remind you I have pasted your earlier comments that you got your GC through lottery and not through self petitioned EB1A. Did you forgot or smoking weed? If you are lying how you got your GC, then atleast be consistent in your lies. I feel so sorry for this country who choose such pathetic liars and immature people though lottery system. and if you really were on EB1A which is for outstanding Researchers or Professors then I really feel sorry for your students or people working with you. I don’t know what are they learning from you or what research are you doing.

          January 8, 2018 17:08:05 CST
          H1B is not an automatic path to a green card or citizenship. Everyone needs to understand that rule..
          Also, indefinite extensions are great for companies. The visa-holder is tied to a company and can not leave as easily as US citizens or PRs. Less turnover…
          In the past spouses of H1B holders also could not work. Tht is something we had to keep in mind.
          Countries Have the right to set their immigration policies. If we don”t like them, we can leave for other places.
          Yes, before anyone asks.. I was a graduate student, H1B and now a PR in the USA. And nearly had to leave after 6 years of H1B before i was fortunate to win the Green Card Lottery.

    4. Viral

      Make the interview process better. Interviewer should know better what to expect from such candidates who claims fake no. of years of experience. No need to generalize and make all suffer. Most people are trying to make an honest living.

    5. Rama

      @Nihaal, what is your qualification? If you have completed your MS in united states then you have entered to job market with fake resume. If you are in H1-B, you are going to be next not to tolerate.

  5. An

    Who said there is a shortage of talent in the US. There are many who did not work due to visa restrictions. And now when they are eligible and want to get into the workforce, the new rule of H-4 work permits is hindering their dreams. Mind u they paid taxes for this country for a while and I have seen people landing in the US today and start work tomorrow even before they figure out what the tax cuts look like. Every country needs to safeguard its citizens and being an immigrant, living here for close to 18 years, I am
    not in favor of H-4 work permits.

    1. Anonymous

      Absolutely! The rule makes no sense. If people on H4 want to work, they can first pursue studies here and get OPT to work. Trying to get jobs on H4 is plain lazy and fraudulent.

      1. R

        My wife has Master and Bachelors in Computer Science and ur suggestion is to study again just for sake of working ?
        Cmg to point about lazy, u think getting food stamps, money for kids and other social benefits, sitting at home is not LAZY ?

        1. Sm

          “R” – I would suggest you to head back to your country and start a new life. The rules are going to get tougher and eventually you might lose your job too. No one is asking you to stay here right? Be cognizant and lead a happy life in your country.

    1. @ASD

      Update in federal register today:
      Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2017

      by the Regulatory Information Service Center on 01/12/2018.

      … Proposed Rule Stage. 48 Removing H-4 Dependent Spouses from the Class of … for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants … for…

      Any details on this please.

      1. Priya

        I think this is just a general update summarizing all the proposed and final rules etc. Not sure if this means that the comment period for the proposed rule is open. Does anyone know?

        1. @ASD

          Want more details on this. What did document actually says.
          Is this the H-4 EAD repeal rule published in Federal Registration and will the comment period be opened soon?

  6. An

    MurthyAudio: H-4 EAD Under the Trump Administration

    Murthy Law Firm attorneys discuss the fate of the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) in this special teleconference held on January 9, 2018 for members of the Telugu Association of North America (TANA). Now this discussion is available for all stakeholders who rely on MurthyDotCom to stay informed about the U.S. immigration system. The MP3 is available to listen through your browser.


  7. Sm

    “The Trump Administration has published its opposition to this rule, and has made H-4 spousal employment authorization one of its regulatory agenda items. The Trump Administration believes that H-4 spousal employees undermine the U.S. workforce. As of this date, no change has been announced, however, the DHS is engaging in rule-making under the APA and it is expected that its regulations will end the employment authorization provisions for H-4 spouses.”

    Link to the entire article for H4 EAD and other issues concerning H1B’s

    1. SH

      I’m inclined towards ignoring your comment which references article titled “Rumored Changes to the H Visa Category”. H4 EAD might actually go (I hope it doesn’t), which will also face lot of backlash.
      Anyhow, real issue is to get Trump administration to actually implement the points / merit based system, which they seem to be interested in, That will automatically allow faster processing of GC to the people who truly deserve and not the ones responsible for H1B abuse

      1. Sm

        anything that is not official is always a rumor right. The author is a reputed lawyer with a reputed law firm. The post is intended to help anticipate and prepare for any consequences. I do agree with your comment on Merit Based Immigration which is the right thing to do and can eventually solve all GC backlog problems.

  8. Anil

    Indian-Origin Man Becomes First American To Lose Naturalised Citizenship Under Trump


    1. HK

      How is this linked to the H1/H4 discussion here.? Somebody did a fraud and lost citizenship. It has nothing to with what this forum is about.

  9. SH

    All H1B folks,
    Here is the latest update (good one) on the news where Trump administration were considering “Self-deportation” of H1B workers who are here for over 6+ years
    Consider this a SLAP in your face haters!
    Personally, I am all for stopping H1B abuse and citizens shouldn’t lose jobs in the way it happened at Disney; but coming up with proposal to destroy the whole H1B program and GC process is ridiculous.
    Sooner or later Trump administration was going to realize that anyway. Glad it’s happening before it’s too late. By too late, I mean for US economy.
    They already came up with tax cuts and now with so called “Self-deportation” mind boggling proposal, they would have had even worse impact on the economy. H1Bs contribute multi-billions of dollars and unlike some people’s opinions, they are HIGHLY paid.
    Having said that raising the minimum salary limit of H1B workers to 100k would be wise decision; but again payscale is also dependent on State you work in. States like CA, NY can easily afford to give 100k to H1B workers, whereas most of the states won’t be able to do the same. Their Senior engineer’s salaries are below 90k sometimes and that’s standard (even if you’re citizen or GC holder)

    1. FedUp

      Yup! good news. I am in the same boat ..but lol, they will keep giving us extensions for a green card where they are saying eb2 wait is 25 years . so we will keep doing extensions, renewals stamping and all this nonsense till we are old and no longer interested in the green card itself

      1. FedUp

        I have also heard that extensions wont end but will be made 1 year instead of 3 in this same article. 1 year extensions will be torture for life.

        1. SH

          2 points I want to make
          1. EB2 wait is not 25 years for Indian citizens. It’s close to 80 years (if you’re lucky enough to get it that quickly). Some immigration are also predicting ~100 years wait for EB2. So, good luck getting it that way.
          2. One year extensions are being talked about; but that won’t achieve anything except making USCIS little bit richer.
          Trump already talked about points based system for GC on August 1st, 2017. If that gets done, this unrealistic wait would finally be over before people start giving up.

          1. FedUp

            I hope the merit based system comes for green card. I also hope the H1B is given on basis of merit and not a stupid random lottery . But us hoping and things changing are two different things.
            We can hope for the best and have back ups planned in case things go worst Things look bleak in USA.

          2. Boka

            EB2 priority has moved 4 months in 6 years. So good luck coming up with a reasonable estimate. The reason its so bad is abuse in EB1 C category. These days all Indian consulting companies are sending their employees to India for 1 year under fake manager titles and getting their gc processed quickly.

            Skill based system is not going to do much for getting your GC quicker. The only hope is removing per country cap and shutting down abusive practice of body shopping firms.

          3. SH

            Right. That’s why the rough estimate is 80-100 years.
            Also when I talked about changes, that means removing country based quota and prioritizing people who will bring in missing / inadequate skills, more tax dollars, more businesses which create employment here in US

          4. Boka

            @SH I agree that has to be done. But some of the ideas floated around are not going to work. For examples:

            1) Increase the minimum salary: Obviously they cant have a blanket number for how high a salary should be. So they are going to link it to local market rate. In which case most body shopping firms will set up shops in Mississippi. I am not exaggerating. This is what is being planned by many of these companies.

            2) Not allowing certain job titles: This is obvious. These firms will use different job titles.

            3) Making masters minimum requirement: This is a disaster as many people want to work or open companies after their bachelors.

            The only way to stop this abuse is cracking down corporations which hire people via body shopping companies. I worked for one before moving to one of the big tech firms. These companies treat their employees like crap. So govt will be doing them a favor.

  10. Alex

    I am an H1B visa holder. I filed by GC in 2010 and have been waiting since then. From my around 16 years of IT industry expertise, I would like to comment real issues that may need to be addressed if H1B program need to be improved. There is good and bad folks irrespective of immigration status every where. Here are my thoughts

    1. Fraud and Abuse of H1B program : One should admit that there is an alarming rate of fraudulent processing of H1B visas. There are H1B holders running liquor shops, restaurants, and even grocery stores. US government has no machinery to curb this fraud cases since the candidates are well protected by lobbies. They can run fake pay checks, provide all required certificates, letters and so on.
    Immediate action , if H1B program need to be sanitized is to curb fraud and abuse. There should be some mechanism to report fraud cases, even by public.

    2. Fraudulent GC processing. There are large corporate Indian IT companies, which were processing Green Card in EB1 category in past few years. They provide all documentations even for module leads, junior testers or QA folks who have good rapport with HR or their bosses. This has lead to long waiting queues for a genuine GC cases mostly filed in EB2 and EB3 categories. Government has no mechanism to prevent it , since cases are well protected by best attorneys and company lobbies. My suggestion is to black list those companies operating in USA and conduct audits on all GC EB1 cases that were fraudulently processed and revoke if necessary.

    3. Controlling immigrant visa : The best way to control H1B would be to control the intake volume. Government can always down size the quota to say 25K from 65K, if they feel its impacting economy. Ironically, the US unemployment rate is less than 4% which included disabled and people who never wants to work.

    4. H1B visa is legal Visa: The public opinion is that H1B visas are kind of illegal mechanism. However, its a legal visa awarded to most competent people. They pay billions of dollars in taxes.There are doctors, engineers , biochemists and so on from best Indian colleges including IITs, IIMS, AIIMS, CMC Vellore, RECs , other top rated national colleges and so on being awarded this visa. The sad part is, even folks with fake university degrees, or least known underrated colleges are also awarded H1 B. There should be some evaluation of college from which applicant is from if intent is to sanitize H1B programs. Course by course evaluation would not help

    5. H4 EAD Right to Work: One’s right to work should not be curtailed in a nation which respects liberty and equality among humans. There are a lot of H4 EAD candidates that have USA Masters degrees, have genuine work experience in past and those who are prepared to work very hard. Most of them have US born kids. Preventing them to work is very mean. Some H4 EAD folks end up in great jobs and some never end up in jobs. Its just because they are competitive. They do not replace any citizens, who are always preferred. I know a lot of folks who are working in Walmart, Macys etc, just to make both ends meet. This will only contribute towards economy since affordability of tax paying immigrants who have been waiting so long for GC, can maintain a mortgage ,an auto loan, or even a small vacation. Restricting Right to Work is very mean.

    If an IT company cannot evaluate a candidate properly, the company is at fault, not the fault of candidate.

    There is no value is stopping or self deporting skilled labor force. It may lead to disastrous effects in nation.

    1. Dharmesh

      When a highly qualified CEO joins a company but kicked out without bonus, that would be a fraud because he was promised bonus in return for his knowledge and effort in growing the company. He would have used his skills to make other company grow who would not ditch him after using him. Highly qualified professionals work for better life they don’t work for pathetic salary to pay their utility bills every month.

      Similarly, qualified H1b’s being in high demand and possessing high skills decide to move to another country spending enormous amount of money by taking loans, going far away from their parents and friends, not because they want to earn petty money to pay their utility bills every month, but because they are looking for a better life for their families.

      Technology dependent & DESPARATE countries that are looking to hire the “BEST OF THE BEST Qualified Professionals” – NEED TO PUT THIS IN THEIR HEADS CLEARLY – THAT THEY HAVE TO LET THE BEST H1B PROFESSIONALS KNOW BEFORE HIRING THAT THEIR COUNTRY DO NOT HAVE BETTER LIFE TO OFFER FOR THEM, THEY CAN ONLY OFFER PETTY MONTHLY SALARY JUST ENOUGH TO PAY THE BASIC EXPENSES TO SURVIVE. THEN H1 PROFESSIONAL WILL DECIDE WHICH COUNTRY THEY WOULD LIKE TO MOVE TO AND WHERE TO OFFER THEIR BEST KNOWLEDGE. Then the countries that do not have better life to offer, such countries need to focus more on educating their citizens rather than hunting for BEST qualified engineers outside, and stop insulting those highly qualified professionals by deporting them after using them and worst of all “WASTING THEIR TIME”.

      Making highly professionals and their families wait for decades and then deporting them is an insult to their decision, knowledge, hard work and wastage of years of their valuable lives.

      Legally withholding highly skilled labor by falsely showing chances of getting green cards (comparable benefit based on which decision is made) but then after using them, deporting them without paying for their job loss or investment loss, is a potential FRAUD!!!

      The US administration just committed a Fraud by announcing denial of H1b extensions to highly skilled labors!!!

      DEFINITION OF FRAUD: a person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities.

      1. Su

        Very nicely written. Agree to the core especially on H4EAD. Hardly any companies offer full time jobs for H4ead’s . This is my personal experience. Which means we never replace their jobs. THey only prefer us when there are short term contracts like 2-3 months where citizens or GC’s deny to work will be offered to H4ead.

        1. someone

          Su – What are you talking about that Hardly any companies offer full time jobs for H4ead’s? There are so many companies who hire H4EAD because they don’t need sponsorship(H4 ead are same as GC or Citizens) I have read so many cases specially after Trump became President where companies stopped hiring H1Bs and had to hire inexperienced H4 EADs because they don’t require sponsorship or GC.

  11. anonymous


  12. Anup

    My Dear Indian Friends — Please take it easy, do not lose your focus and head. Trump and few Americans, including few Indian-American, hates us does not mean that all American hates us. We are here at the fist place because they wanted us here. There will always be people who will hate you no matter what you do and where you live. Even if you go back India there will be several people who will hate on because of one or other reason. Keep your options open and look for the opportunities, you will find many.

    1. Nu12


      1. Anup

        It looks like you think H1B was intended for slaves.. You are just just a joke in yourself. Go get some education before you say something. Just because you are born as American does not makes you better than other. There are 99.9999% probability that each H1B is better than you.

        1. Sm

          Anup, its not intended for slavery but eventually it ended up being a modern slavery. Do you really want to keep shouting on these forums and waste your life or head back to your country and live like a king. Choice is yours dude.

          “Just because you are born as American does not makes you better than other” — this comment doesn’t make sense . They are definitely better and we all seemed shamelessly hanging around here,

      2. Nu1

        H1b is known as a dual intent visa. Even though, name is explanatory, you seem too stupid to understand. What this means is, its upto the employee and employer, if its in the best interest of both for the employee to stay in the US, or go back to his home town. So, you can file for G.C. on h1b.

    2. Jooo

      So watch these guys. There is a high chance SILICON VALLEY CEO(s) will now start making fictitious lie telling “There is a skill gap in america blah blah so we need H1B… blah blah” Any corporate CEO colluding with WIPRO INFOSYS TCS TECH M ZENSAR MHAPSIS HCL KPIT PERSISTENT MINDTREE L T INFOTECH Congnizant should be slapped with suit
      and dragged in to for knowingly discriminating against US workers and knowingly colluding with FOREIGN services companies and making misguiding statements against United States workers

    3. Sm

      It is shocking to find hue and cry over imminent change in visa regulation affection Indians working without permanent residency in the USA. C”mon this is not the end of the word. You have a beautiful country India to go to. Worst part is everyone is letting it be known that Trump has decided to shatter their dream. Have some pride.

    4. An

      H1b and h4 candidates are not immigrants.

      They are foreign nationals who are guest workers. They are expected to eventually return to their home countries.

      Immigrants are foreign nationals who are coming here to become citizens. They enter legally under a different visa classification that reflects that.

    1. An

      Most People I have seen on H1B or H4 are not highly skilled workers and they are not immigrants so please! H4 visa needs to be banned all together. Why is USA handing H4 visa? It’s like buy one , get one free. H1B could be person who came to work with skills that are valued and then the spouse gets a visa automatically (H4). Spouse should apply for a separate H1B visa if they are skilled. If they are not skilled, why do they deserve a job that any American can do. The amount of salaries that H1B are paid out, they can support their spouse.

    1. Dharmesh

      It feels that H1b’s have been ditched very badly. They spent so much of investment in the living cost here while they were waiting for their green cards legally. Unlike citizens, H1b’s don’t get any benefits but they are tax paying guests waiting for more than 10 years for their status.

      There are so many people from other countries are coming as immigrants on other visa categories without education or skills who do not contribute to US economy. Why these are not completely stopped. Even the visa lottery brings in thousands of people without education or skills. Why those are not stopped.

      Republicans did get a chance in the past, why they didn’t stop bringing the H1b in the past?

      I just wish if H1b’s would have known earlier then they would have definitely decided to work in other welcoming countries instead of wasting their time here in this country. Legally withholding highly skilled labor by falsely showing chances of getting green cards but then after using them, deporting them without paying for their job or investment loss, is a potential FRAUD!!!

      DEFINITION OF FRAUD: a person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities.

      1. Mishra

        Why? Because H1b impacts US job market the most compare to other immigration category. Your kind kill yourself. Now it’s time for fixing the messes: faking resumes, discriminating US citizens in hiring, no respect to us at work place etc.

    2. DesiV

      Why are Indians acting as if all is lost. All Indian’s should stop using foreign products and improver India’s local economy, then we will see who will be deported. All of these corporations will go bankrupt in no time.We are not slaves of some kind. We are highly qualified and dignified professional. People with no knowledge of economy and think legal immigration is evil will see their own downfall(Don’t forget 2008 recession).At that point, they can migrate to India, where a recession is unheard of!!

      1. Mishra

        Really? No one want to migrate to India. Look at Indian style toilet, we come here partly because we love American style toilet.

        1. AbcdDesi

          That’s good to hear. Just because you are a citizen by pure luck and have zero skill, your mind has turned into a toilet.

          Do you even read the news, Indian GDP is bigger than UK now. Get outside your trailer and learn some stuff.

          1. Mishra

            Hey Desire,
            Keep your toilet style in America, OK?
            Our trail’s toilet is better than your home’s
            Indian’s GDP is nothing compare to USA and China,

            Get your head out of your toilet and learn something big.

    1. VDesi

      Trump just deported 200,000 people on TPS. He will do the same to DACA, not sure how can H1-B can save themselves from deportation, no Corporation is going to save you.

      1. DesiV

        Why are Indians acting as if all is lost. All Indian’s should stop using foreign products and improver India’s local economy, then we will see who will be deported. All of these corporations will go bankrupt in no time.We are not slaves of some kind. We are highly qualified and dignified professional. People with no knowledge of economy and think legal immigration is evil will see their own downfall(Don’t forget 2008 recession).At that point, they can migrate to India, where a recession is unheard of!!

        1. SoCalled Indian

          What are you talking about? Which Indian products you are going to use?
          There are 90% so called Indians do not want to go back to India even if they treated like beggars.

          FYI: Indians behave better if they are treated as slaves.

          1. AbcdDesi

            I know you live in a trailer, and won’t come out of that bubble!! . We are better educated and have more humility than you ever could gain.

            You are a slave to your own mental attitude!!

          2. Anup

            Mr “SoCalled Indian”, do not assume that every Indian think like you or just like you. This is a stupidity. You may think of you like beggar but not most of the Indians.

  13. Shekar

    Ok, Let’s do some analysis from right before .com boom.

    F1 candidates and H1 candidates between 1990 to 1997- their kids graduated between 2011- 2019. They can find IT jobs because Indian parents raised the bar by showing them the standard of living by doing IT jobs.
    So what about our kids who will be graduating from 2020 onwards., Will they find IT job with all existing laws by still importing 85K H1’s every year, and approximately already employed 4 million people (maybe more with all Green card population, H1, H4 EAD, L1, T1 and all other immigration categories) from 1990 till 2017 (none of them have retired, I swear !!!) What is going to happen? Where are they going to work, I’m certain that they don’t even dare to LIE, forget about faking their resumes and how are they going to make their living?
    Starting over next few years Our kids will be competing with their Father, Mother, Brother, Sister and all other H1, H4 EAD, L1, TN….. yada yada yada… and finally with their fellow citizens.
    I can see the WWIII coming soon fighting for jobs within America not from Korea!!

  14. Lyles

    Out of 85k H1 b visas, only 1k have genuine Work Experience!
    All others fridging provide xyrs of FAKE experience and land in US and learn free “On Site” with again getting fridging tech support from foreign countries. Why not provide the same “On Site” experience to local Americans? because BLOODY Body Shopping IT consulting companies have emerged as mushrooms exploiting Immigration loop holes to make billions of dollars by ONLY placing/supplying H1. Now H4- they have been sitting in homes from past xyrs and with H4 EAD, they do the resume with FAKE experience of Yyrs??? I guess all the experience came from sitting at home. Wait!!! How Funny ??? 95% H4 EAD WANT IT JOBS not any TELLER jobs at Local grocery store or Malls or Factory Outlets !!!! This whole H1 has been scamed by Consulting companies and it is out of control to reform. It’s FAKE & FAKE ! everything is revolved around money. When things are not working out-Yes, you have a place to go back to your OWN country where you came from, where do we go when we are not offered jobs… of course yes to Graveyard !!! Amen !!

    1. Shannon

      Lyles – You better tell your kids to start studying everyday instead of playing games. Their fun time is over. Also you better start working extra hours, and work without any vacations because there no H1 guy who is going to cover as a backup when you take a week long vacation or if you want to leave at sharp 4pm.

      1. Tom

        Shannon (fake name)…its amazing that you guys live in a fantasy bubble that the country is run by H1b’s. I complete agree that H1B’s do work hard and its quite similar to every other immigrant who fight for survival and betterment of their family. But that doesn’t mean a country can keep allowing immigrants for ever. We do appreciate your hard work for all these years but its time for us to put the country back for its citizens.

        1. Shannon

          Tom (fake name) .. I did not state that H1 run the country. I did not state the country should keep allowing immigrants forever, we will be leaving soon. Read my post again and understand what I was asking Lyles to do – ask your kids to work hard and you are be prepared to work harder without sneaking out of your workplaces at 4pm sharp 🙂

    2. Alternative

      All Indians should make Indians Industry first and stop using products outside India. Since American want to make American’s First. Why not Indian make India first and stake up the world economy. Then Americans will want Indian Visa. Wouldn’t that be a site to see!!

    3. AbcdDesi

      All Indians should stop buying non-Indian products and these corporations will be bankrupt. What if US companies are banned in India or other parts of the world. Where will their profits come from? Legal immigrants come here from co-operating governments based on symbiotic relations. People are chosen from interview process not only by looking at their resumes. So please stop saying everybody is bad based on few bad apples!

    1. AS

      Even after fake resumes.. they are million times better then people like you.. you are just a loser.. no matter what happens.. you will live a life of a loser and die as a loser…

      1. Anil

        @As ..I think its a wrong assessment. Obviously, many H1B’s are better than Citizens but that doesn’t mean they have to be replaced. A country always has to take care of their Citizens first before offering up those jobs for others. We are non-immigrants here and with limited rights and have no position to make any demands.

    2. Kavita

      If fake resumes can guarantee you a job, there would be no jobless people in this country. I CHALLENGE you to go right now and show me how to pass in interview with a fake resume.

      H1 are ONLY meant for information technology jobs, on average each job has three levels of interview, first round of interview checks for experience, second round of interview is holly grail of technical skillsets which is usually taken by top tech professional from the company who will grill you like a toast through tech questions and third round is if you survive will be through a manager or human resource personnel.

      1. Nobody

        There are a couple of myths flying around which are someone accepted as conventional wisdom. So let me try to set it straight:

        1) Body shopping firms pay a pretty low cost to their employees. But you cannot conclude that companies are getting cheap labor by hiring people from these firms. Body shopping firms charge more than double what they are paying to their employees. So I don’t know the reason why Disney choose IT engineers from TCS by firing its own employees, but cost ain’t one of them.

        2) This idea that H1B are displacing our jobs is absurd. If you read my previous posts, I do agree that there is some abuse of the system. Disney case comes to mind. I went to engineering schools for my bachelor and masters. It was 98% East Asian, Indian, French. Same with masters. And if you look at college admissions stats you will get the same picture. So there is NO doubt where the talent is.

        I don’t know when my fellow Americans have become so insecure in their abilities that they feel that kicking people when they are vulnerable is the way for them to be successful. Deporting haitians, salvadorians, daca kids, indians is not going to MAGA !

        1. Sm

          These people and liiegal immigrants are the same, only thing is that these people have some papers to hang on to on their temporary jobs. Live with a lot of stress and strain due to uncertainty, just for money. These people have forgotten their roots that nurtured them. VERY unethiCall and dangerous.

      1. Nu12

        Its good that USA has put a plug on H-1B. It would be best that all countries do the same. These disloyal and thankless people deserve it. You dream of USA if not usa then canada if not that…..so basically its not the country that actracts you its there money….

    1. Derek

      Mike – your great grandfather dumped generation like you in this country, you have been here because he was standing in visa line for hours with your great grandma. It time for you to leave now. Grab your huge pile of hoardings which you collected all these generations, grab the dog which you stole from your earlier neighbor, tell your brother with five kids and their grandkids that they are increasing the jobless rate here in this country. Let H1 hardworking educated people live in this country. It is time for you and your jobless generation to go back to your country and stop wasting the food stamps. Spare those for the one who really deserves.

  15. Affected

    All h1bs when they land should be provided a minimum of $100k. A suitable automobile – BMW or Porsche should be provided for their trouble of coming here. if he/she is not married, US should pay for their marriage and dowry. If they can’t get married, an additional “discomfort” allowance should be paid. Once married, a suitable accommodation of at least 4 bed room colonial house should be provided. due to high skills, no property tax for the next 20 years. As its a norm, the lady gets a baby in the first or second year so baby is US citizen (for future benefit), all expenses should be taken care. US is getting High skills! Once baby is born, free baby sitting should be provided for the next 3 years. As the lady can’t manage, both sets of parents should be sponsored without visa expenses and in first class, thru US govt. Getting high skilled baby! Lady should be provided a job of at least $100k so they can buy enough gold for the next 20 generations and buy flats, lands in India. Every year a suitable vacation should be provided for the entire family. Every two years first class tickets to India should be provided. (luckily most of the H1Bs get only 2-3 kids, some others get 3-4 kids or more!). How many colleges in India are in top 500 in the world? but how come you become so high skilled? If India produces such high skills, why not you send your kids to India for education.

    Milk the cow as much as possible. Get all the golden eggs soon. The cow and hen will die soon! You can go back to your country and enjoy your investments. We have no where to go! You never work in fire, police or army. We protect our country and you as well getting paltry sums. Whats our future in our OWN country! We do not have sob stories but spending life without hope!! Amen!!!

    1. Damien

      Citizen Benefits – Jobless Benefits, Private Scholarships & Grants, Government Scholarships & Grants, Social Security Benefits, Welfare and Food Stamps, Relatives family and friends Support, Get paid vacations, Travel without worry, Stay for free since their great grandfather applied for visa.

      H1 Benefits – Wrath of co-workers and citizens, Hatred from unemployed citizens, NO Private or Government funded Scholarships or Grants, NO Medicare or NO Social Security Benefits, NO Welfare, NO Food stamps, NO paid vacation on contract H1 jobs, NO family or relatives around to support, Isolation and despair, Scared to travel due to scrutiny and expense.

      H1 labor goes through expensive attorney charges + visa processing fee every year to update visa status – H1 people feels like they are working hard to stay in a mean expensive hotel who wants to kick them out after charging heavy fees and when their work is done.

  16. sujay raj

    Another great and well written blog post regarding H4EAD. Friends let us add commentary here, this person wants to make a difference and writes well.


  17. Shruti

    All H4 EAD holders, please read this presentation on effective commenting when H4 EAD comments open. Quite good presentation


    1. Seetha

      Check out Save Ead (@SaveH4EAD): https://twitter.com/SaveH4EAD?s=08

      Since public commenting on H4EAD would commence when it’s open , more voices with specific data statistic , non emotions/non sarcastic effective commenting might help..please make your friends aware to comment and be a member of the below group . https://www.facebook.com/groups/saveh4ead/

  18. Ann

    Will there be any chance to allow the H4 EADs to work until the validity period on the EAD card? What do you guys think when the axe falls?

    1. JK

      Yes. They will be allowed till validity. DACA EAD which is on similar lines can’t be extended but current validity is honored.
      This H4 EAD is a side issue now. Lets worry more on H1B visa extensions. More than 50% H1 extensions are getting rejected giving reason: your education is not in sync with job (even after many years of exp), this skill could be found in local market, this doesn’t look specialty occupation, why wage is low, your company did firing recently whats the need to get H1s, etc. Even there are some rejection for full timers of big poster hi-tech companies of silicon valley so this is not limited body shoppers, outsourcing giants. But definitely body shoppers, outsourcing giants have 5 times higher chances of rejections. Nobody seems immune.

      1. UC

        More than 50% H1 extensions are getting rejected giving reason?

        How do you know? What is the source? I googled it and did not see any news. Are you making fellow H1’s more panic/nervous?

        1. JK

          That is correct news. Specifically happening after 23 oct direction from administration to scrutinize extensions. I had an extension denial in 2015 and had to go to India for 50 days. So, many people are contacting me directly/ indirectly for guidance. That’s why it came to my notice quickly.

    2. VDesi

      You guys are living in a h1b and h4 bubble. Average American knows little about it and cares even less about it. They will follow whatever their leaders decide, there is no educating anyone about this or the consequences.

      I say to all who can afford it, get eb5 before that door closes too.

  19. Anup

    This message is for H4 EAD holder and their spouses.

    I will request all you to join Trump on twitter and send him messages praising him. In your message, you should portrait him as if he is a prophet and also mention that you are H4 EAD holder and you are grateful of his policies not to rescind H4 VISA.

    Why this: This all looks stupid but this is only realistic option we might have and here is why. 1. Trump administration has no plan for US the only thing that is high on their agenda is to undo everything done by Obama Administration. It does not matter if it hurt US or a commoner. 2. Trump needs a lot of thank you. This is the only way to get anything done from him. The new DHS head Jeff Session is not a good person as you can see from his testimonies in congress. I think he will be mean to all immigrates, whether illegal or legal, some people are like that. It makes them feel strong when they feel they are in a position where they are hurt others.. just like our friend from Save Jobs. We should stay away from such people if possible at all but sometime there is no option.

    1. shmikkil

      I think you nailed it here…praising would definitely help or at the least expedite the process that they are trying to push thru rather than be in a limbo. Good idea!

    2. H4EAD

      It’s no use for sure. Trump admin can easily see through our tricks as Trump is a smart businessman. On the other hand it would make him hate us H1/H4 holders even more. He thinks we are too smart and tricky, especially in stealing citizen’s jobs.
      Not a smart move.

      1. Anup

        There is nothing like Citizen jobs.. jobs are for one who is willing to work. No one is stealing anything. Only loser think on these lines and no one can help such people. Such people live like poor or at the best middle class and die like that.

        1. anonymous

          For you those who are poor or middle class, are losers. It speaks of your mindset. Typical Indian mindset. Although you don’t want to say, but what you hide inside, comes out. No further comments. tc.

          1. Anu

            People should be given jobs as per their qualification irrespective of what visa they are on. The employers should not even have different salaries for different Visa or us citizens.

            This is the only way to give equal opportunities to everyone.

            In the end it is USA as a country which will benefit and that’s what everyone wants.

        2. Pr300

          In my view, the US needs to take care of its citizens in a way that is not causing bigotry. Part of the H-1 deal is that the spouse gets an H-4 which is already generous to start with. Allowing them to work is fine as long as it does not displace native workers or prejudice the ability of natives to get the same job. Frankly, people should focus on building their own countries and not complain when given an opportunity in the first place. India is a great country; why not go solve some of the problems there and make it better. My view is that immigration is good and welcomed but abuse is what makes it bad for those that have good intentions. Maybe the complain should be about getting more Americans to take tech jobs instead of just helping H-4 holders.

    3. Nu12

      H1B is not an automatic path to a green card or citizenship. Everyone needs to understand that rule..
      Also, indefinite extensions are great for companies. The visa-holder is tied to a company and can not leave as easily as US citizens or PRs. Less turnover…
      In the past spouses of H1B holders also could not work. Tht is something we had to keep in mind.
      Countries Have the right to set their immigration policies. If we don”t like them, we can leave for other places.
      Yes, before anyone asks.. I was a graduate student, H1B and now a PR in the USA. And nearly had to leave after 6 years of H1B before i was fortunate to win the Green Card Lottery.

  20. H4EAD

    I dont see any news in US news channel on H4 EAD. so US citizens dont even know about this visa it seems. Only H4 visa holders are worried

    1. Anup

      Only H4 EADs are worried because we have something little more than nothing to lose if our EAD are revoke while others have nothing to gain or lose. There are more jobs than the people to take the job in this country. Preventing green cards applicants from working is harassing future citizens. This is just insanity. Nothing new.

    2. anonymous

      Citizens have many problems: managing their families, kids activities, schools, paying student debts, parents, divorce, auto repairs etc etc. And they also need to worry about their job losses either offshore or cheap labor onsite!

  21. Truth

    I think this all bullshit about compassion and all gyan is completely wrong. As an Indian I came to US last year on H1. Let me tell few truths about Indians. If we convert dollars to rupees, and assuming an Indian spends 6 yrs in US and only one is working, one can easily save at the lowest, what he/she would save in India for 20-25 yrs. Assuming he/she earns in a high bracket in India- he could save at most Rs 50000 per month*12 months* 20 years= 1.2 cr. The same or more can be saved in 6 yrs by an Indian and he can return back to India and lead a easy life on compounded Interest if they maintain a small family. Infact money would be infused in Indian market, and help our country to grow.

    But Indians are so greedy, and they don’t want to look after their dying parents back home, and they talk about compassion on social media. Mostly wives, even if they bring their old parents from India to USA, they only bring it so that parents could take care of kids or newly borns.

    But no one wants to return back, In fact I think all Indians who get an opportunity to work on H1B, should at least work for 6 yrs, save as max as possible and then return back. We Indians, have high spiritual genes, and we should give the last part of our life to social work, should delve deep inside ourselves, rather than waste our life in US in cold. After 50 life in US is going to be difficult one. Only pleasure you can draw from your ego, is when you make phone calls to people back in India, and try to show how gr88 your life is in US here. One thing for sure – death would be painful here and it would be difficult to return in last phase of your life when kids are grown up.

    1. shmikkil

      Hey Truther, you are making a blanket statement that indians don’t care of their parents, earning etc. Your life path is probably going to be like the one you predicted but not everyone else’s is. You have been here on work permit for about an year and you think you know quite a lot and you made a lot of assumptions. You should know that your view is not the “only view” in the world.

      1. Anup

        You are correct “shmikkil” . Mr Truth thinks everyone holding H1B VISA is a loser like him and left his old parents to die in India as he did.

        This idiot thinks 1.2 cr is big amount.. even beggars have more money then that today. This person is so low that it is not worth to respond him. People like him are a disgrace not only for Indians but on human race.

        1. shmikkil

          I initially thought of calling him out but figured it’s pointless as we could all see how many trolls are showing-up here on this forum just out of spite. Take it easy and let’s hope for the best.:-)

    2. shmikkil

      However, I agree that after a certain age (don’t think it’s 50 as it will vary for everyone)…if you haven’t planned for few things in advance, it’s tougher to live life which is usually the case with ever y geriatric everywhere. Reading spiritual stuff won’t get you anywhere…being productive anytime would. A lot of us glide thru lives just to get there only to realize that there are so many things that you would have done differently. Everyone has a journey that’s diff. from the rest. Don’t make blanket statements and just think from 1 perspective. Else, you will end-up with a lot of hatred and dogma like Tam here.

  22. Anup

    Recently I come to know there are also some Indian too in SAVE Jobs. It was shocking. These people are from lowest of lowest clan. Just because they came few year or decade before us and now they are creating problem to the people who are trying to migrate US is shameful. These people are the worst people and no matter what happens these losers will ALWAYS be losers. They are unable to compete and looking for some kind of reservation. For their own personal gain, they are hurting US and what USA stand for. It is a shame to see these things are even being considered.

    1. shmikkil

      Let it go, bud. There’s scum everywhere and it’s upto the rest to clean it with bleach. Let’s not worry about their pettiness and try do our best to make things work. Have a good day!

    2. Affected

      Yes there will be ex-Indians too. They have been paying taxes for the last 20-25 years and paid USD 40-50k per year for their kids education getting into student debt of 100-200k dollars. now suddenly a h1b comes on fraud interview and spouse on h4 and ready to work for even $12-15 per hour. What will you do if you were in this position? leave your job and go where?

    1. administrator

      Nothing new as per update. But, just check latest update done today to the timeline. We have posted court document filings info, so that you all can have a realistic timeline expectations as you all wait for court to respond.

  23. Sri Harsha H Mikkilineni

    Tam, it’s mentioned here a lot of times that it’s a duel intent visa. People plan their lives based on existing laws and you suggesting that we should know the risks (we plan for things that are sensible but not for xenophobic laws in this day and age when things are supposed to get better all over the world) is more or less tone deaf to say the least. I bet you are comfortable with being entitled rather than works towards achieving something…shows that you really are not as compassionate as you think you are. I didn’t tell you not to express your opinion but you have to have thorough understanding on the issue at hand from both sides and your biased view makes you unfit to make a proper case…very disappointed in your lack of empathy and hence, not interested to engage in any meaningful conversation with you anymore. Note: people like you will be remembered for being on the wrong side of history for a long time. Peace!

    1. Tam

      Sri Harsha H Mikkilineni: You are feeling the pain the citizens have been feeling for decades. Please be empathetic and show compassion for people who are rooted out of their jobs in their own country by a foreign national. They don’t have another country to go back to.
      Dual intent it is, and I have already stated that you can come back when your number is up.

      Your complete disregard to the other side of the story is dumbfounding.

      1. Nobody

        @TAM, your stubbornness in this issue is dumbfounding too. If these people are asked to leave you won’t get your jobs back. Companies will shift majority of these jobs to offshore center and open up offices where talent is available. They won’t spend time training Americans. And the net result is that we lose tax dollars and all benefits immigrants bring to economy. Instead why are you not in support of immigrants reform which will solve the problem for you is bizzare. Let’s put restrictions on firms so that they can’t hire cheap labor.

        On another point if these guys are sent back to India, they will be back in a year and have fresh 6 years on h1b. And many will be eligible for eb1. So thanks to idiotic proposals like yours it’s going to be lose lose for everyone.

        1. Tam

          Before commenting, read up on Eb1 – they managed to mess it up too, for the really highly qualified. Offshoring is nothing new.

  24. Kundan

    at humanitarian grounds, though it is tough for someone to switch entire family and living back to another country (though home country) is tough after spending several years in a place. instead of living like this, better go back and live happily with families without asking for help / too dependent on visa issues. initial struggle to relocate back will be there but you can live with heads up and basic rights. no need to ask anybody anything.

  25. Aman M

    Let me clear every H1B aspirant and IT company CEO of the mindset that axing H4s or H1Bs will negatively impact the US economy in long term. True, that American boys and gals are in general not interested in IT but that can change. Money will drive future kids to avoid paper degrees and undertake more MATH/SCIENCE careers. People evolve to survive. There may be hiccups but the show goes on.

    However, there is more to it than the ( lack of) 100,000 odd jobs supposedly driving the US workers to unemployment.

    What about non-IT jobs ? Nurses ? Other types of engineers ? Managers ?
    Secondly, imagine the reduction in enrollment in US universities for MS & PhD programs due to the lack of an incentive to work and thereafter settle in the US. How many ‘education’ related jobs will that affect?

    They could definitely leave provisions for US ( higher degrees) educated workers to gain work authorization here. That will prevent fraud to a large extent. The 2-3 year OPT period helps the student gain some ground while the universities can also generate revenue from tuition.

    What about Indo-US relationship in wake of these developments ? More than anything else this could be a big factor in the development of laws and regulations by Congress/DHS. Do present Federal governments on both sides treat it as a give-and-take opportunity ?

    Lastly, it may be somewhat unrelated but one thing I agree is that the US born worker whose education, work and criminal history is easily and almost entirely verifiable seems an unfair disadvantage to him or her; especially in the IT industry.

    1. Tam

      My company replaced 200+ employees with TCS cheap labor. Not because of shortage of skill of the employees, just because TCS is cheaper. I have seen this MANY times in my career. H1s should be limited to 10K max and should be allocated to doctors and scientists as a preference. Tech companies should spend their money training Americans.

      It the short term there will be some issues with 750K people leaving, US can easily manage that gap.

      1. Nobody

        Tam, Why not argue for reforming the system. Your company should be sued for doing that. Check the bill Darrell Issa is sponsoring which will stop such abuse. There are so many smart tech companies like Microsoft, Google, FB etc which need more than 10k H1B. Deporting 750K people, many of them who bring key skills to this country is insane.

        1. Tam

          Sued by who? Most of them worked for 20+ years. Part of the severance is to train TCS and keep their mouth shut.

          You have totally missed my point. I AM arguing to reform the system – to severely limit the number of visas and to approve green cards ONLY for critical talent. Do you think there are only 85K “smart” people in the work each year? Do you think there is only 85K “highly skilled” workers America needs every year? US took enough tech workers. MSFT, GOOG, FB, and whoever is bit*ching for the shortage of “skilled workers” need to train Americans. They already have development centers in India and other countries, they should hire more people there, if they need to. Let them spend billions on training and high salaries.

          Sadly, people on visas are incapable of seeing the other side. Just like you want your job, the citizens want their jobs. now don’t tell me they don’t have “skills”. Unfortunately US in the only country which puts guest workers before American workers, until now.

          Also, don’t you think this is good for India? All these highly talented people will start companies and hire Indians and beat the US and start next FB, Amazon, GOOG and MSFT? why are you complaining?

        2. Tam

          …If US wants to be #1, it needs to learn its lesson to grow organically and take care of its people, by training them. We should not be importing millions of people. Don’t you see anything wrong with that?

          Don’t be so concerned about tech companies not being able to find talent. Think about people not being able to put food on the table!!!

          1. Nobody

            Tam, its funny that your assumption is that I am on a guest worker program. But lets leave that aside.

            I feel we are mostly on the same page. We both want to reform the system because the current system is not working for anyone. We are unable to get the best and brightest because of the idiotic lottery system. Small business which actually need good engineers cant hire talent from outside due to the lottery and many restrictions. Most of the H1B are going to body shopping companies which do sell cheap labor. This mean many of the engineering and tech firms which actually need smart engineers do not get access to that pool.

            The main problem I have with your suggestion is I dont believe we should severely limit H1B or reduce amount of green cards. I would support Darrell Issa bill which severely handicaps body shopping companies from supplying cheap labor. We should also add incentives for tech companies to train Americans. Obama had introduced a similar bill in partnership with tech firms to offer training to american citizens. This would make sure in we get best talent in the world, and in the medium to long term we can train Americans to do the jobs.

            Ending the H1B program or kicking Indians out of the country might feel good to you, but its definitely going to help India and other countries. The body shopping companies are going to outsource the job entirely to India and we will lose tax money. Companies like yours which try to get cheap labor will continue to do so. Tech companies will create hubs in other parts of the world where they can find talent (or cheap talent) at least in the short run. So what you are suggesting wont help us at all. This message that it sends is that immigrants are not welcome.

            On you other point I think US IS already #1. And we are not importing millions of people in the high skilled market. Its about 85K.

          2. shmikkil

            Hi Tam, I grew up in a family that had a hard time putting food on the table and coming over to US allowed me to take care of them and also, for myself. I have been waiting for 10+yrs for a green card (did masters and stayed legally all along playing by the rules) and paid money to get extensions until the government takes care of the backlogs. Are you saying that you can deny my right to question and expect that I should leave b/c I am not born here at the expense of people who doesn’t give a damn and instead post racist/xenophobic remarks hiding online? Did you ever express your views to people in-person? Everyone would unanimously have the same opinion on you and it’s nothing good about you. Learn to be compassionate first and try look for a win/win situation…

          3. Tam

            Nobody: simple math 85K times 20 years + their dependents. (yes, that’s well over 85K I believe). Most of the things you say will happen, have already ….happened, hubs, outsourcing……..I am sure there are one or two smart Indians left after we imported all the 85K good ones, they will build next great company anyway. Why are we afraid of competition?

            shmikkil: The simple answer is – you do not have a right, laws change all the time. H1B is a temp work visa. You should know the risks. And the new rule is not denying you anything. You can come back when your green card is approved. I am being compassionate — for my fellow Americans. Funny, that you don’t want me to express my opinion on this forum and you get to express yours. Fair enough!

        1. Akshay

          What are you doing in H1B and H4 forum if you are so American ?.
          Such a Looser I think may be you are on F1 or may be in India just making fun of people in distress.
          Get some life looser.

      2. Radhika

        @TAM, If you think TCS gives cheap labor, you need to correct your information. Companies outsource business because they don’t want to get in firing and hiring trouble and they sign contract to finish the work as expected and on time. And they pay much more to an outsourcing company than paying H1b /or any employee directly.
        If H1b’s are being sent back , it won’t stop work being outsourced but it will just move it to some other country.

  26. US Citizen

    Let me put it this way.
    •American graduates who are spending about a quarter million dollars for college are not getting jobs.
    •However people who can fake their resume are getting jobs, as their resume is not trackable properly.
    •It is unfair leaving American graduates with debt and no jobs.
    •Everything that has been given is bonus for immigrants.
    •EADs for dependents (spouses) started with J1 visa. As the J1 visa is for immigrants who come to the United States for research after Phd in their fields, since their families have to survive with minimum stipend.
    •Later the dependent Visas has been lobbied to extend to L1 and finally it came to H1 Visas.
    •It’s not fair for the H1 dependent Visas (H4) take over all the job opportunities of the American Citizens.
    •Guys I understand your pain and you have to understand the fairness too.

    1. AS

      Only people who are not getting job are the worst of the worst. This is plain and simple. Just because one spend money on some degree does not make him worth enough to hire. What do you think people running American company are idiots. They will always hire American first even if American are little less competitive than foreigner. Those who are not getting job need to throw their fake useless degrees and work had to get good education.

    2. Lisa

      Americans can’t clear interviews that’s why they are not getting hired. You really need to know what you are doing just getting degrees from community college doesn’t get you a job.
      No one wants to hire visa people it’s always risky for the business. But they can clear interviews and are performing well at work that’s why they get hired.
      Fake resumes may get recruiters calls but clearing the interviews is the real deal. No one can fake that.

      Majority of the Americans don’t even have minimum skills required for the job why would any one hire them ?.
      It’s just point less to say H1B , H4 or any visa category is taking the job away from the American citizens.

      Company has to sponsor right away to hire non citizens and it cost a lot of money. Companies are doing this because they are not able to find the resources here. The day they start getting qualified poeple they will never ever hire non citizens.
      Stop blaming some else’s hardwork and achievement the reason for your misery.
      Wake up and be competitive don’t be jealous and stupid.

      1. VDesi

        You really have no idea how hiring practices work in Corporate America. Here is the bottomline, there are many American Citizens willing and capable of doing jobs that H1-B are doing, just not at the throwaway rates of H1-Bs. Even if a million H1Bs left tomorrow, Corporate America will be over the disruption within 6 months. As the saying goes, the dogs may bark…..

      2. Tam

        Also, hundreds of employees get replaced by cheap labor. It has nothing to do with getting through interviews.

        Someone could be working at a job for 20 years, all of a sudden one day they HAVE to train their replacement before they hand them over their job. Like digging your own ditch. This has nothing to do with lack of skills. When the sc*mbag companies come in, hundreds of people lose jobs.

        You said “Majority of the Americans don’t even have minimum skills required for the job why would any one hire them ?”

        Curious, what makes you think only H1s have all these skills and Americans are worthless trash?

        Like VDesi said, you have no idea how the hiring process and staff augmentation is done.

        1. SH

          I am just glad that you came down from “Millions and millions of American workers were replaced by H1Bs and H4 EAD folks” to “hundreds of employees get replaced by cheap labor”. That itself is improvement.
          Anyway, I have proven this atleast twice (with data) that you could not be more wrong. But how you rise from the ashes every time and come up with even more incorrect arguments, is simply admirable. Here is some more insight
          1. H1Bs are NOT cheap. Companies spend more money on their visa and GC process
          2. Orgs really don’t find the talent that easily, especially in the tech world if they don’t want to sponsor
          3. Orgs in Silicon valley, SoCal, NY, NJ, Chicago, Denver, Seattle and many other places usually have open budget and for right candidate they are usually willing to pay more than market. And I know for sure that most of these companies do not compromise on quality of candidates

          Also, I absolutely don’t think that Americans are worthless. It’s the sheer number of reqs that these companies need to fill that’s forcing them to be open to sponsor.
          Also, I don’t understand why you expect Googles and Facebooks and Amazons to train American workers. If the citizens are interested in getting in the tech, who is stopping them from applying?
          I myself have Masters in Computer Science and sadly for this country, over 90% of the students were not US citizens. That’s the sad story of where this generation is going.

          1. Tam

            SH: If you have read my complete post, it would be pretty obvious I said hundreds of jobs in reference to a single company. Wish you actually learned something while pursuing your master’s degree. BTW, you don’t need an MS to code. You just need brains, which an MS cannot help with.

            Let me show you the calculation again – for the third time. Ready slowly this time (or get help)

            Visas issued each year: 85,000
            Years = 20
            Total = 1,700,000 (let me spell it for you: one million seven hundred thousand) I didn’t even mention the dependents here.

            For L-1s, there are no limits on the number of visas available in a year.
            An L-1 visa is good for three years if the worker is joining an existing company, but one year if joining a new company. Two-year extensions are allowed, for a maximum timeframe of seven years for an L-1A, and five years for an L-1B.

            Put a number here – I know I am asking too much of you, but go ahead put a reasonable number for the number of L1s issued. Are the numbers somewhat adding up to millions??

            Here are some number of cheap labor:

            Infosys—32,379 applications, with an average salary of $76,494
            Tata Consultancy Services—8,785 applications, with an average salary of $66,113
            Wipro—6,733 applications, with an average salary of $69,953
            Deloitte Consulting—6,165 applications, with an average salary of $98,980
            IBM—5,839 applications, with an average salary of $87,789

            If the citizens want to restrict job losses by kicking the temp workers out why are these companies crying like a 2 year old? …..For that exact reason, they have an obligation to train their older workers and not fire them to hire cheap labor.

          2. SH

            First of all, I am sorry you lost your job to H1B and have been job hunting since then :D.
            No? Then why are you getting so mad? LoL
            Also, thanks for providing me numbers which I(and probably most other people here) have known for last 10+ years
            Well, you’re right that you don’t need MS to code. But most of the times, you need BS or MS to atleast get interview call in decent org. And I’m glad that I pursued my Masters because that’s what differentiates me from people like you.

            Anyway, I did mention this previously as well. But just for you again .. READ SLOWLY
            H1B abuse is caused by US companies and not companies from other countries. Fix the root cause and impact of abuse (which has gone down a lot since 2009) will be almost zero.
            It would be great to increase the minimum salary requirement to atleast 100k if companies want to file for H1B. That will stop the abuse altogether and in that case you probably won’t need lottery as well, which will fix the issue of not so deserving candidates getting picked in the lottery and truly deserving ones have to lose out in this gamble.
            Again, there are enough tech jobs out there and orgs still don’t find candidates.
            If H1B program is gone, orgs will start outsourcing at greater scale Or they will open their offices in the countries where they can find talent. That would be a HUGE loss to US economy because now US won’t even get the tax money.

            BTW, Good luck with the job hunt! Improve your skills (maybe go back to school?). I am sure you’ll find something. In case if you already have some job, congrats!

          3. Nobody

            TAM, These numbers are completely insane. There are 85K new immigrants coming in country. But a lot of them leave too. Also many of them are highly specialized. So somehow say that there are 1.7 million american jobs which are displaced is complete nonsense. And of course this is not even accounting for the number of jobs immigrants create directly which is by opening their own firms and also indirectly by the money they spend in the economy. Most reputable studies who analyze the whole equation agree with the net effect is positive.

            Maybe people here are right. You lost a job to a H1B and now you are venting. I would say grow a pair and spend more time in constructive analysis.

          4. Nobody

            Also there are jobs lost due to H1B for sure and to make sure that doesnt happen, support immigration reform bills passed by congressmen like Darrell Issa. Rather than bash immigrants in a forum.

          5. TAM

            SH – Good to see you changed your tune. Enough said!

            Nobody: its unfortunate you are unable to see real negative impact caused by H1b. Stay sheeply.

          6. Nobody

            TAM, I acknowledge the problems with H1B. But unlike you I don’t hate immigrants or make them responsible for my problems. And I believe net effect of immigration is positive which is backed most reasonable studies.

          7. SH

            LoL Tam!!! You just made my day
            “SH – Good to see you changed your tune. Enough said!”
            You really think that’s changing the tune? … Can’t stop laughing… Seriously
            See, that’s why I said – “READ SLOWLY”
            Well, what I mentioned in my last comment… same thing I have been mentioning all along. Please check again.
            I’m all for stopping H1B abuse. It’s just that immigration reform should be done in such a way that it’ll help US economy, create jobs, attract talent from outside and not by preventing people with current work permits from doing jobs.

          8. someone

            There are lots of intelligent and skilled US citizens. See for yourself in this video.

            Future CEO of FB, Google, Apple, Microsoft?

        2. Globalization


          It’s unfortunate that your colleagues lost jobs to cheap labor. However, you need to understand that “Anything that is process driven and repeatable, if it can be done at a lower cost then it will be done at a lower cost”. There isn’t much you can do about that. It happened in manufacturing and it will happen in IT. If you try to stop the cheap labor from coming here, then these jobs will still be sent to India, China, Philippines, Turkey or any other country. You lose the jobs anyways and the country loses on federal, state, social security, medicare tax paid by labor in the country. If companies can manufacture products in China and then ship finished products via Cargo to the US then I would think they can create a process to write and maintain code outside the country. In fact, I would think cloud computing makes this even easier. The companies can open up development centers in countries like Canada.

          I don’t understand why you feel that companies are obligated to train people. Today’s work environment isn’t like working on an assembly line where you just show up to work and take directions from your supervisor. Times have changed, companies want employees who can lead.

          There are companies who do give grants to universities for research in specific areas but most American students prefer to study fine arts and history. Yes, they could go to one of those coding schools to learn how to code but then again coding is the easy part, coming up with the algorithm before writing the code is the difficult part which the coding schools don’t teach. This thinking is developed as part of graduate school. The American students who have gone to accredited engineering schools are happily employed. So don’t depend on companies to train you but take the initiative to upgrade your skills.

          1. SH

            This is one of the best comments I have seen on this forum so far.
            Simply excellent!!!

          2. someone

            Well said, Globalization! Government will and should put their citizens first but companies like Google, FB, Microsoft and even Donald Trump’s clothing line … they will always put themselves first and will do whatever is good for their business weather it means hiring cheap labor or outsourcing jobs or manufacture your goods, ties, shorts etc, in China or Mexico. It may be sad but this is the fact.
            The best way is to upgrade your skillset.

          3. VDesi

            Decisions about outsourcing, off shoring or for that matter hiring H1b are done at a high level on spreadsheets. Skills are a small factor in that determination. Current and future fixed costs play a major role. Maybe offshoring might spread or Trump might make that difficult too. Remains to be seen.

          4. Tam

            Globalization: Good points, but you have not said anything new. You are just looking at the issue from a 10,000 foot view. Offshoring already took, dare I say – millions more of jobs. And even with cloud computing, not all, IT jobs can be outsourced, that is precisely why companies are importing labor.

            To clarify – I am all for filling real talent gaps. I know doctors that are on visas. They deserve an instant green card, not an IT guy. IT can be easily taught, most (90%) Indians complete 5-weekend courses and compete with Americans from accredited colleges. American student with same intelligence doesn’t stand a chance.

            Why should companies pay? To be the part of the solution. They have to pay to help themselves. Why have billions in cash piles when supposedly their livelihood is in danger (because of lack of workers)?

            Based on the arguments you guys are making, you have not seen enough and don’t have personal experiences. Don’t you think your life is process driven? Would you want someone take over your life if they are more efficient then you are? People at my company worked there longer than perhaps you have lived your life and some guy takes his job. How are their process-oriented jobs different from your process-oriented life?

            I bet you won’t be throwing these market theories when your job is on the line.

  27. Jack

    Why company want to spend money and time on h1b for a foreigner ?
    Yes, because the skills, the education of the foreigner can bring high efficiency, high productivity, more creativity, diversity and for the most important: high profit to the company. When the company is making money, then what happened? Expansion and globalization is on the way. So the economic is booming and we create more jobs. And this is the foundation of USA and the core why USA dominate the whole world “Freedom and fair competition, we attract the best resources over the world.”

    But someone said “those foreigners are more competitive than me, even the company need to spend enormous time and money on them and that is “not fair”.

    then yes, why not cutting all green cards and h1b? Lets see what will happen. Lets see how google, Apple, etc, can survive this and lets see how US keep your number 1.

    1. Sm

      There will be some immediate set backs but eventually the companies will sustain with shortages. Also, I don’t see that the new proposal coming through in its current full form. New tighter rules and regulations will be added for extensions. The law eventually will be in favor of folks working in big corporations or having PhD’s/doctors but the rest are going to be in big trouble. To be honest, I think the party of desis of US dream is over. .

  28. PriyaSudan

    For those searching for H4 EAD Updates, please note that the date for submission of motions to court was 02 Jan and not date of court hearing and decisions. The court will decide in 10-15 days what to do with DHS and Save Jobs motions filed on 22 Dec 2017. Most likely the court will rule in favour of DHS. Read this first part of analysis.

    An Analysis of the recent Save Jobs motion to schedule oral hearing and cancel abeyance of the case.

    1. Kamal

      PriyaSudan – Thank you for sharing the link. Pretty insightful analysis I must say. I hope that things work out the way perching tree has mentioned

  29. Anup

    My Dear Friends, — I know it is tough time but do not get demotivated. Such things come and go in life. In today’s world, there is nothing like American job. For example, when I came to US, I kept my Indian Job and if I go back to India or Canada, I will still have my job. My American employer and American boss and colleague love me and they will be happy to keep me on their payroll no matter where I go. Most of you, in the worst case will have option to move to Canada as most of the companies have offices in US as well as Canada. And if you still what to be in US then think of opening a corporation (legally you cannot be on payroll but you can own it and get all profit paid as dividends to you). So, open a business and hire some Americans to run that business for you. There are several options. And believe in long run you will be better off with your business until you are moron. I wish you all very best and I hope Trump Administration will do the thing. It is also in the interest of US to keep the H4 EAD. There are more jobs in US than the people and anyone who understand economy knows that having one more participant in the economy create one job, it is common sense.

    I hope hater will be defeated. But anything is possible.

    1. Sm

      Anup, cut the crap. The party is over and window is closing. Let the govt deal with their policies for their citizens. Let them do what ever they think is good for their citizens. Know the fact that that we are non-immigrants with limited rights . You can shout, you can complain but is not going to change anything. Because we are given H1B doesn’t mean its a birth right for citizenship. Learn the fact and live with it. The glory of US dream has come to and end.

      1. Anup

        Sm — Party may be over for you. I can do what I want and no one in the world can stop me. Only losers thinks that others are responsible for their misery. If because of some stupidity H4 EAD is revoked then it will be bad mainly for US and people like you who have degree for 3rd grade colleges.

        I do not have to work to earn money.. because I have 7 billion people at my disposal to work for me.

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