Tuesday, September 22, 2009

On the H1B mess...

Pls. note: This is a repost from another blog of mine. Was originally posted on the 1st of April, 2009 and hence the references to Fool's Day.

How many of you have been fooled today? Feeling sad that you could be fooled so easily? Don't you worry. There's somebody out there who was fooled consistently by a huuuuge number of people for the last two years. Not by 10, not by 100, but atleast by 8,500 people who fooled it into believing that they have a job, when they actually don't! Who else do you think I'm talking about besides the United States Citizenship & Immigration Services, the USCIS, in short. Here's why...

Each year the USCIS accepts petitions for the much coveted ***H1B*** visa. This is perhaps the World's most sought after visa, as it gives a ticket to making $$$. :) For those IT professionals with Dollar dreams, there's one additional season besides Spring, Summer, Fall and Winter - & that is the "Filing" season. This season begins on the 1st of April every year. And for the last two years, this has been the shortest season of the year. Started on April 1st, and ended on the same day. Huh-oh!

A citizen of India, with a very good job back in Pune, I never dreamt of landing in the US. So, I didn't care about all these work visas. But after coming here, I was like Sheaaa!!! Is this the way the country, the World looks up to, issues work permits? To get a job here, you need a work authorization; and to get the work authorization, you need a job. Do you see the cyclic dependency? Sadly, our friend, the USCIS doesn't.

For the US-graduated students, they have the previlige of getting a short-term work permit that allows them to work for atleast 1year. So, it becomes easier for them to get a job, start working using the Student work authorization, and eventually get the employer file the H1B. But for the people on dependent visas, and for all those in India, there's a slim chance of finding an employer who is willing to file your H1B and is ready to wait till October 1st for you to join work. As a result, most of these people approach the DCCs (Desi Consulting Companies). Most of them are shady guys with a one room office, and with 100's of employees on the payroll. All they do is, take money from the candidate, offer him a "dummy" job and go ahead with the H1 application. Once the candidate gets the visa, and lands up a job, he becomes the hen that lays the golden eggs. The owner of the DCC can happily vacation in Hawaii, while his employees fill up his bank account. In the eyes of the USCIS, he is a legitimate employer. But hey, there was no real job offer while filing the H1 petition. How could the USCIS miss that?

Last year, I went the right way & got a "real" full-time job, and got my H1B filed without paying a penny. But since the USCIS is not smart enough to sift the "real" jobs from the total pool, I missed the lottery. This year, when I gave up (bad market-no one knows whether he'll be in business on Oct 1st) and started enquiring around for a DCC, there's this guy who offered to file my H1. Not too surprising, this is what he said: "I charge 4000$ for processing your app. I strongly recommend you to put atleast 5 other apps (What???). The more tickets you buy, the better the chances of winning the lottery. Right? Any amount you *invest* in H1B is priceless". My greatest regret is that his name somehow slipped off my mind. Had I remembered, I would have posted this in some legal forums.

Because of these DCCs, the applications out number the quota, thereby resulting in a lottery. All the while, I've been believing that your education, personality, experience, anything that is either a natural trait or one thats acquired with lots of hardwork, earns you a career. Funny thing is, in the US, its a lottery that decides whether or not you can work. Hows that??

Atleast 10% of the 85,000 visas are grabbed by the DCCs. If somebody fools you today, you realize it latest by the end of day. But it could take the USCIS anywhere up to an year to realize it was fooled by a DCC. It just rubs it off the shoulder, perhaps denies the visa at the Consullate, and gets ready to invite another set of applications. The System can't be more screwed up. Since its not possible to filter out the DCCs, some radical changes should be introduced in the way the work permits are issued.

That said, I'm asking again: Do you consider yourself the greatest fool? Think again!

Beginning to see light at the end of the tunnel:

6 comments:

manju !! Nice one ra..
I can connect to what u were saying completely, me having a let a DEPENDENT life out there in the US of A. I had very similar feelings when we stumbled upon those one-room DCC offices. Such a huge risk and lots of investment, and all you get is very similar to that bargain you do in the vegetable market !! A pitiable condition...dunno when our desis would understand that it should not be a lottery which determines their life. :)

I actually had much more content in mind to post about the DCCs, but had to censor it, lest I would be fired by my DCC..:)

I connect so totally with what is written here! The situation this year has been so bad... I landed a job within a month of coming here. But the company refused to file H1B for me, since they do only H1B "transfer" and will not do fresh ones. I get calls from them periodically asking if I have a green card / citizenship.. My hope that some other company would be willing to file has been futile so far. Most company websites filter you out automatically with the question "Do you have a valid work permit..." I finally decided to start a second masters, to get atleast the OPT!

@ Neetha,

Good decision to pursue the Masters program. I was too stubborn to add another degree since I already had an impressive "education section" in my resume. But sometimes, I really feel I should have joined some random school just for the sake of the OPT they offer. Anyways, I'm glad I got my H1 this year, even though the job market isn't that inviting at present. Hoping for the best.

Best wishes to you..

Oh! You got it!!! Thats great! Congratulations!

I was wondering, could you share info about your dcc? If that could work out, I might be able to save 2 years and a lot of money!

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