Skip to comments.Indian techie denied H-1B visa; Silicon Valley firm sues government
Posted on 05/26/2019 3:02:42 PM PDT by NobleFree
An IT company based in Silicon Valley has filed a lawsuit against the United States government for denying an H-1B visa to an Indian techie.
[ .] The company asserts USCIS acted capriciously when they denied Anisetty the visa stating his position did not meet the criterion that "a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position."
According to Xterra, they had submitted all evidentiary documents as requested which proved that Anisetty's appointment as Business Systems Analyst qualified all four criteria for an H-1B specialty occupation, yet, the USCIS gave no explanation for denying the company's petition for granting a visa. [ ]
Currently, Anisetty holds valid H-4 dependent status through his wife, the principal beneficiary of an H-1B application. [...]
(Excerpt) Read more at in.news.yahoo.com ...
H1B has destroyed Americans holding onto and getting back into Tech jobs. Where I live we are saturated with India invasion working for JPMorgan. They live in apartments with 2-3-4 others. All the while Chase and other companies pay for their Green Card as well. It has literally displaced thousands of Americans
Who in the F*** do they think they are?
Although the company was legally required to pay 'prevailing wage' to H-1Bs, they still saved money. H-1Bs don't follow the prevailing wage, they set the prevailing wage.
“Business Systems Analyst” is generic - not a specialty.
This is what I have found:
- Oftentimes, the worker does not even run the code ONCE to see if it works. They simply send you the code and say it's done. It's not. It's often broken, sometimes so badly you have to scrap it and rewrite it. I don't even understand how that is possible. I do TDD, Test-Driven Development.
- Oftentimes, the work you get back is so inefficient you might as well scrap it and rewrite it. They don't seem to give a moments thought to efficient code.
- "Yes" does not mean yes. It means they acknowledge you said something.
- "No" does not mean no. It means they are still negotiating with you to provide something.
- 33% of them have accents so thick as to be unintelligable.
- Oftentimes, it is much more about the Blame Game then it is getting things done.
“contrary to established legal precedent” probably works like DACA. Some other slob who wanted to hollow out the US tech workforce bent over for this therefore you’re not allowed to stop doing so.
So this guy just got what all the other American college graduates have?
Doesn't that mean that he does NOT have special skills that can't be filled by an American worker?
This has to be H1-B visa abuse. He should have had the degree and skills from India before coming here. The fact that he was here and then got the degrees from an American college alongside American students proves that he does not have special skills that could not be filled by an American worker.
It was stupid and unreasonable that they denied the visa to an educated, stable person who would come to work in the US legally and already has a job with a company.
The illegals coming across the border are the ones that need to be stopped.
In my experience the contractors were very good at copy/ paste and then minor modifications to product something that might be considered functional. If something needed to be developed from scratch... Completely lost and useless.
The way to counter this is to have some Americans with the appropriate credentials apply for the job.
When any are refused an interview, there’s exhibit A for the Government.
Translation: id10t error.....lol
Better yet, maybe its more efficient to have done the coding myself to begin with. In the end the company that think they are saving money end up losing money in rewrites and lost time. Whats sickening is the CEOs of these companies are liberal and their Government masters keep them protected by allowing thousands of H1B annually. Its overflooded the IT profession making it almost a commodity. In turn the liberal CEOs reward their puppet masters by donating to their campaigns.
For those of us who work in IT, and are law-abiding, tax-paying Americans, many of us veterans, that’s a slap in the face.
We’re being outsourced in our own country.
Would you rather have us on welfare????
Really? We have a shortage of business analysts now?
The company asserts USCIS acted capriciously when they denied Anisetty the visa stating his position did not meet the criterion that “a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position.”
De facto, this is not across the board normally a requirement for this work. I know because I often apply for this specific position on contract. There are few positions in IT that require a degree. You can have equivalent experience. Often the schooling needed can be done through online programs and self study plus experience.
I hope that this company loses bigtime. This is just one more attempt to squeeze Americans out of jobs with spurious academic requirements that are not necessary.
It is a different culture and you are navigating it.
We worked with Indian techs back in the 80s. Same issues.
They see the job as being done when they are finished writing.
They have a sort of Painter’s attitude. On the last stroke of paint I am done.
Not a professional attitude, which is lets see how this paint holds up.
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