Immigration reform bill and strong provisions for H1B dependent employer


expH1B

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Posted

Does anyone know whether an H1B employee of H1B dependent employer (EVC model) with I-140 approval will be affected due to newly introduced immigration reform bill by Gang of Eight?

I work for an H1B dependent employer (EVC model) and work at client site for past 4 years. Today, I came to know from my employer that the newly introduced immigration reform bill has strong provisions for H1B dependent employer, meaning, it'll most likely shut down businesses like IT service providers and small IT consulting firms, and that will directly or indirectly impact H1B employees too.

I wanted to know what would the solution of this be since, I have no clue, how to approach and handle this issue. I wanted to know if I have to consult an attorney and take a legal advice to proceed further. I am ready to do so; however, I need to know, even after fighting a legal battle, do i stand any chance to stay in this country? I entered in this country as a student on F-1 visa, completed my MS in Comp. Sci. from a reputed university. I have been with my employer for past 5 yrs. and have been working on client locations on contracts. I didn't have any clue 5 yrs back while accepting an offer from my employer that some day some immigration reform bill in the future will affect my legal status, and will jeopardize the path of becoming a resident of this country. I have been sponsored GC by my H1B dependent employer and I am now waiting for my PD to become current so that I become eligible to file I-485 for GC.

I would greatly appreciate if someone has further info. on how to handle this kind of issue if the bill that's been introduced by gang of eight comes into effect.

Thanks,

expH1B.

Posted

The best way is to find another employer. That proposed rule is designed to get rid of the EV...C BS, which never made any economic sense to begin with.

Posted

This is a bill that has not yet passed, so changes are likely.

As far as I understand from the bill, it will make it very costly for H1B dependent employers to sponsor H1Bs, but there is not enough in the bill to completely shut down the IT Services industry. And this does not impact small IT Consulting/Staffing firms which have less than 50 employees, there may be provisions like Neufeld memo that might be added to make it difficult for staffing firms, but nothing of that sort that I have seen in summaries. And the estimated start date for all this is FY2015.

So, we can wait for the bill to pass, assess the final impact and change employers before FY 2015 if needed. Nothing to obsess about at this stage.

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