H1B Visa

Who Should Get H1B Visa Between These 2 Applications?

who deserves h1b visaH1B Visa means madness and randomness.

This H1B Visa season is filled with lot’s of sleepless nights for folks waiting to hear the lottery results.

So, far lucky few have received notifications from USCIS. But, very few know that getting selected in Lottery is one thing and getting approval is another whole new ball game.

Before we talk about H-1B Visa approval process, let’s focus the discussion on who deserves H-1B Visa the most?

I selected two comments from this blog post H1b Visa 2015 Daily Updates

Comment 1:

Having graduated from Stanford with PhD and working with Google…things are falling into place except when people screw up the **** immigration system…

Didn’t get selected in the random process last year…had to continue with STEM-OPT….and this year no answer so far (AD/PP)…

Why should I go through all this??? Don’t people have little common sense when trying to get an opportunity for themselves….just because you can submit 10 applications with 10 different employers (errr… body shop consultants)…don’t do it…it will come back at you…don’t mess with the system….give everyone a fair chance….

These crappy immigration policies need to be revived…. at least people with masters and PhD’* from US should get a break!!!

Comment 2 :

I never traveled to US. Even I do not have any Business Visa. My petition is pickedup in the lottery through premium processing. but I am little bit concerned about visa stamping. because I applied this visa from the small consultancy. During interview, if they ask any tough questions I might not able to answer. Can you tell me is there any way to bi pass the visa stamping?

So, we have two situations here.

First person have PhD from Stanford University. Now, people who are applying to Universities know what it takes to get admission in Stanford University.  Even others, should know a thing or two about getting admission in Stanford.

We have an Highly Skilled person who might not get selected in the H1B Visa Lottery. Which means, he or she have to find another legal way to stay in USA when STEM OPT Expires.

On the other hand, we have a comment from a reader who applied for H-1B Visa via a consulting company from India.

I replied to the comment 2 as follows

Why did you apply for H1B visa then? You know that you have to attend visa interview to come to USA. If you are scared, then you shouldn’t have applied.


Is there any way to bi pass visa interview by traveling to US on B1 or B2?

I hope that person get’s H1B approval and able to get the visa stamping. But, if in case, the person fails to get visa stamping? It’s a wasted H1B Visa slot right?

Who Deserves H1B Visa the Most?

Now, let me generalize above two situations

  1. H1B Visa Applicant with Advanced Degree from U.S. University
  2. H1B Visa applicant via an IT Services company

Question to you : Who deserves H1B Visa the most?

Image Credit – Flickr


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  1. Though I belong to an IT firm, I believe AD applicants should get more cap to their quota due to several reasons. Most of the service companies blindly apply the H1B petitions for their employees though they may not have real intention to send them due to following reasons:

    1. They can show it as contingency plan to clients as part of disaster management.

    2. As an alternate to promotion given to the employees by the projects though they clearly know there wont be any onshore role.

    The worst case is approved h1b petitions gets expired or the employees use to exit the company due to frustration. I have seen other people who have encountered such situations.

    Also the probability of AD applicants utilizing the H1B petition is close to 1 while that through IT firms are quite low. Maybe USCIS should use utilization factor for approved H1B petitions of each IT firm and reduce or increase their cap accordingly. I believe there are ways to solve these problems even though it could be difficult to implement.

      1. You mean for applying to petition…No they don’t… They will completely utilize the quota allocated to them, but least utilize the selected h1b petitions. They will have good ROI on those investments due to the reasons I had mentioned earlier.

  2. I have got H1B petition selected in lottery last year applied through my company at India but been informed that there is no role. In parallel, I had applied for MS in CS and got selected by few low ranked univs like Wayne State Univ, Miami Univ, Michigan Tech Univ, Univ of Alabama Tuscalousa for Fall 13 and got Rejected by IUB, USC, UCI, MSU. My gre is 308 and cgpa of 7.9/10. Now I am in big dilemma whether to wait for my role for H1B or go to WSU with F1. Doing MS was my dream. I had already deferred the Fall’13 admits to Fall 2014 and applied for IUB & USC and got rejected. Now, I got I20 from WSU and approved H1B petition. But from the comments I believe, getting selected in H1B lottery is tough. Also, I am already 26 and this could be the last opportunity to complete my MS. Please guide me which option would be best. Also, please clarify:

    1) if I get selected in F1 Interview, will my H1B petition be cancelled? I mean if I can still attend H1B interview after it.

    2) if I get rejected in F1 Interview, will my H1B petition be cancelled?

  3. I know of many masters guys citing fake experience of 8 9 years and doing nothing at the job. Most of them Telugu guys. If US takes their STEM graduates seriously, they should not have quota at all for them.

  4. even though i was from same body shop consultancy i prefer half of h1b (atleast 30000) should be reserved for MS students thinking on moral ground.As many said we don’t lose anything if our petition is not selected.

    Before that let me put up some other cases where some of ms students (from india) who would have faced during their UG.

    If your are confident enough to study MS in US then why are you attending placement in campus and get selected.Anyway you will be going for MS then why wasting one job opportunity.If same job goes to guy who comes from poor family the entire family would have got benefited.

    I have seen many of my colleagues who went for MS in US got placed in TCS and as soon as they got admission they left the job.

  5. First, the system is what it is so there is no use in sniping. Nobody applied for a lottery, it became a lottery because too many applied. And I know many of my former colleagues in India who got their H1Bs and never turned up here as they were released from their projects. Indian IT firms misuse it by putting in thousands of applications, and many of them are just placeholders waiting for projects. We all know that. I am not against guys from infy, TCS, etc coming here on H1Bs. I am against placeholder visas that rob people who have an immediate requirement, it happens so there is no point disputing it, although for the sake of privacy I cannot supply you with facts!

    But let me make our perspective clear to you, people who have studied here and have full time jobs here have every right to be frustrated. No one asked us to come here. Agreed! The difference is that people coming from India would probably come here for a few years and then go back to their jobs (unless they decide to take advantage and jump ship to a company here which used to happen quite often). A person applying from here would have to forfeit his job, and then go back to India unemployed, financially crippled and hunt for a job (and it is not a bed of roses) if he decides not to waste more money here on a masters or a phd again!

    Second, most IT companies used to send professionals on L1 (some cases even B1..shocking?) visas primarily till a few years back and then switched almost completely to H1Bs after a few visa fraud fraud litigations. My own relatives (senior professionals) are here on L1s. I worked in one myself so I know the system but again my arguement may have a margin of error, but not too much. I had the chance to go on-site in IT instead I opted to come here to study Operations Research, instead. How stupid of me, right?

    Third, the 65000 quota (i don’t know what this figure was years back) was not initially designed to support outsourcing and offshore consultants to come to the US. It was for professionals without an advanced degree, so Indian IT companies use a loophole in the system that no US politician has the political courage to amend, did you ever think why it is called non-AD not universal RP! Is an Msc working in TCS not an advanced degree holder? But then I can only voice my frustration and lose sleep! Just like people like me in 2001 did!

    So, we all have our aspirations, but our frustration stems from financial ruin, professional setbacks, emotional setbacks, and if we have loved ones here, even worse! Anyway it is what it is, good luck to all regardless of where they are!

  6. Hi Every one,

    Its me 2 nd case. I am happy to say that my visa petition is approved today.

    I am waiting for this chance since 5 years. At last it got fulfilled through small consultancy.

    To be honest, Some how, I lack confident to make the things. Hence I posted the query to get it clarified.I too agree that who has done Masters, they should get it as they are high priority to US companies.

    However, I wish you all the best who are aspirants to US and hopefully next year we will get more cap.

    Good Luck- All is one.

  7. hi raghu i have a ten years visiting visa so i can come to us and get the admission in good school and i can transfer to f1 visa?

  8. @happyschools:disqus: Still any hopes left with AD RP category? Are there still receipts coming out for these? I am on OPT ext and this will be final shot, rather trying to get into some other school to remain in US.

    1. I dont knw, is it with the law firms/postal service/uscis itself in delaying. the wait is too frustrating as we dont know our fate. Attorneys keep saying they are still getting receipts everyday.

  9. There are Master’s people who are from middle class families with edu loans trying to get a masters(non-IT also) in top Univs. IT people think that we come to the US just because our parents have money. We work hard, work part-time jobs and struggle to live here. Some of us get a job after going through 8 rounds of interview and being rejected based on the fact that we have a F-1 visa. Some of us can’t get jobs and join IT consultancies even though we are Chem, EEE or Civil majors. After all we have to eat, live and pay back our loans! After all the struggle we just get 20k seats! IT people have every right to apply for a H1B. But if you get rejected you need not move back with just a year of experience, 20 lakhs loan and car debts. You don’t have to go home and search for a new job. You don’t have to go back anf face your relatives who told your parents” you are spending too much for a girl child” (Yes, some of us are girl who wanted to pursue our education and not just find a job and settle down). You can continue working in India and move up. And not all the given IT h1bs are used up. They are hibernating till the h1b applicant gets a project!! There should definitely be a shorter time limit to use your H1B.

    Please don’t even compare the two cases!! I have seen IITian and NITians who finished their masters with me who still don’t have a job and are trying to extend their OPT. And those who somehow got a job still waiting for their receipts!! The wait is painful.

    1. I know how painful is the wait. I did my MS here and currently working fulltime with Intel, but I have used up all my OPT extension and will be done by Oct, no other option to go with full of debts back in India.

      1. Yes, many of my friends in intel are still waiting. All I can say is people are still receiving receipts for AD so keep up your spirits. I know how tough it is. I hope you all get it. All the best 🙂

        1. I dont knw, is it with the law firms/postal service/uscis itself in delaying. the wait is too frustrating as we dont know our fate. Attorneys keep saying they are still getting receipts everyday

          1. Many of my friends have applied for H1B this year. Majority of them haven’t got a receipt yet. So, I think you still have time. I think the distance between your lawyer’s office and the centre plays a key role too when it comes to getting your receipt. Stay frustrated(that’s how it is) but don’t lose hope.

          2. Plz share once your friends get any receipts with AD. Is there any last date for receiving the receipts?

          3. @disqus_G1ynt7CGGq:disqus You literally spoke up the minds of people who came here for MS (esp Women) and what they go through!

            I am in the same boat. I did my MS here and got this fulltime job with an Energy Company in TX after a really bad job hunt.

            My employer, who initially was not sure about sponsorship, finally agreed to sponsor and applied h1b under regular processing. my opt-stem will be ending this december.

            We (Me/Employer/Lawyer) have not heard back from USCIS yet.

            This wait is really frustrating!

            Good luck to you and others here waiting for their result!

            Please let me know your progress on this!

            [email protected]

          4. Yes, it is tough for all of us. Every step
            we take is hard n scary. GRE, TOEFL, application selection, visa interview, keeping up the GPA, getting part-time, thesis, job hunt, now H1B.

            Some big companies employ women on the basis of their ‘diversity initiative’. Being a woman engg works out as an advantage only for that.

            My friends haven’t heard back yet. Hope you all get ur receipts soon! 🙂 But as I said don’t lose hope!

          5. Can’t agree more!

            This is such a battle, victory in one is only leading to a harder (or “harsher”) battle soon or later! I am sure, we all are learning a lot (and learning like none other) from these rough experiences that will be part of the history that we could never ever forget. Nevertheless, this journey is really a torture!

            Glad to see a lot of others here in this forum!

          6. @hv: did ur intel friends get any receipts? I still dint get mine still.

          7. Actually one got it. I am not sure yesterday or today. Three are waiting. Did you check with your DSO. DSO can tell if your OPT date has been changed to 9/30.

          8. Actually I checked with DSO and Sevis has not been updated yet. I guess we can only see the change if our opt is ending before sept 30 and fall into cap gap.

          9. I guess the chances are very slim to wait, better to look for a backup to go back to school.

          10. I read in some forum that it is possible to get a receipt till next Friday. Many people got receipts yesterday.

            Are you planning to do a PhD? If working at intel is more important to you than staying in US you can ask to be transferred to Intel, India and then apply for H1B from there. But I really think you should speak with your law firm. I heard Fragomen is Intel’s choice. My company also uses them and they are one of the best immigration law firms.

            These are all just suggestions. Don’t take them wrongly. I can understand how frustrating it is for you.

          11. For me staying here in US is more important than being in Intel, but again if I go to India and wait for my H1B to be picked up, it will be again a nightmare. I prefer to do a second Masters and get a internship to continue in Intel, not sure if it is going to work.

          12. Don’t post email id. There are some many hundred people in this. You might end up closing your email account with spam. Instead create a profile in Disqus and share your social media profile (twitter, FB, linkedin).

  10. What about this kind of cases… I read this in other forum!

    Hello friends, I have a question. My employer filed five different h1b petitions for me through all his companies. Only 2 of them were selected in the lottery. Is it possible to assign one of those selected to a friend ? Please answer

  11. Looks like even god will find it difficult to answer this question. If you ask a PhD candidate (like me), the person will always support for the AD degree holder. Although I personally have lot of doubt in mind about the AD category even being a part of it, after all earning a MS degree from an US university is not difficult these days. However earning a PhD degree is still challenging ( personal opinion). I have no idea about the selection criterion of an IT company to pick up a candidate for sponsoring H1B, or how a consultancy gets the job done on behalf of a candidate. Certainly dividing this two group into two application streams ( with proper selection criterion) may solve this issue, but ultimately it is the politicians who can only decide.

    1. This how its easy for consultancy to apply for H1-B

      Company like Cognizant will interview entire class of graduates from a college in India, then they will hire like 25%, train them for a year, and then mass apply H1 for most of them.
      Some applications will be lost to lottery, others to RFE, but some will get approved.
      After that waiting game begins, Cognizant will send these lucky ones to US on project basis, person can get H1, and still wait for year or two and then go to US project.

  12. My pov:
    The immigration system of any country can be structured in 2 ways.
    1. Merit based with No published standards (example countries like Singapore etc)
    2. US style, with black & white criteria.

    Merit based style has its own issues like racism etc. for example in Singapore a person who is a Malaysian Chinese may get approved for a PR with 2-3k per month income with no degree and a Indian with 10k a month and a Bachelor’s or even masters will most probably (prob >90%) get declined.

    With a black & white system, there is a fixed criteria that qualifies or disqualifies you. Once you are over that threshold, you are all the same.

    So in my opinion, both the profiles are exactly similar, both are qualified PERIOD.

    Any argument over the guy from Stanford being more or less qualified is plain silly and purely emotional than factual.

  13. I see some guys ranting about infy tcs wiproand other small consultancies.Well I am not from any of them.But how many of you really go to USA to study for passion and knowledge.I see most of them (60% of them )finish in 12 to 16 months and want to work.So even you people go to get job.Just because you paid 20 lak to 40 lak fee for AD. why special treatment for AD people!!Well also i respect people who wants to really do some research in STEM and Passion for MS !
    Stop ranting and respect the Talent and skill!

    1. ITguy – You have no IDEA what it feels like having to go through this lottery twice back to back with so many tie ups…..I understand you might also be going through lottery twice….
      BUT ITS NO WAY SIMILAR TO WHAT AD GUYS GO THROUGH!!!! You better get that…

        1. Exactly! USA is not the end. You should try other countries as well. And its not just loans, they can be taken care of in a couple of years

  14. I feel comparing two persons like this is kind of disingenuous and inviting people to comment on it will surely leave a bad taste in the forum. Trying to pick the most desirable person that would help the U.S involves a lot more variables than qualification on paper. Random selection is by far the fairest and easiest system to implement and that is why USCIS is doing it here.The onus on evaluating the candidates is meant to be in the employer’s hand. The system works assuming that everyone who is part of the random process is a qualified person who has a high skilled job in the STEM field. When the immigration reform happens, USCIS could consider evaluating the job (based on the company, skill demanded in the job, salary, macroeconmic factors etc.) rather than the person. Also, it would help if they evenly split the available number of visas and conduct lotteries once a month all throughout the year; as is being done in other countries.

    1. Appreciate your comments and taking time to write long, thoughtful comments.

      Everyone knows that system is broken and HAVE to changed. But, there’s not enough votes/motivation to in U.S. congress to pass the Legal Immigration Bill (Comprehensive or standalone).

  15. The H1B quota for people with advanced US degrees should be doubled or even quadrupled. Each year some 700,000 international students are coming to the US. lets say 80% of them are graduating each year and 10 % of them are staying back then we have some 56,000 graduates. So the 20,000 AD quota is not sufficient.To me a lottery is not a fair option to grant Visa to someone who is already in the US who has spend ton’s of money on tuition, living expense and what not.

    1. Nobody pleaded with you to go the US and spend tons of money on tuition, living expense and what not. People who went to the US to do a master’s degree know perfectly well they will have to compete in the lottery at the end of their courses. Please change the way you look at how work visas are granted. Doing a Masters degree from a washed up American University does not magically make someone a high skilled person.
      Even the term “Advanced Degree” is kind of a slap in the face. I know a friend who graduates from Berkeley Undergrad Computer Science now going through the lottery. Do you think a person who graduated with a Masters from some random no name American University deserves to be categorized as “Advanced Degree holder” compared with this dude.

      1. I came here cos I had a dream to full fill and staying back was not the best option. I don’t have any regrets for the people who are coming from India they have their own dreams. But to me as a student in the US he/she is contributing to the local economy. Each year Intl students alone bring in $40 Billion to this country which in one way or the other is helping this country. When these talented people are doing good for their country restricting their job prospects by giving only 20,000 Visa’s in a year is not fair. Also to clarify I am not talking about some Tier 3 schools.

  16. I don’t think we can decide who deserves the visa more. The US government and people of this country have to decide what kind of immigrants they want. A country’s immigration system typically tries to bring in people who are typically hard to replace, based on that argument, a Phd from Stanford might be more valuable, because it’s easier for an American to perform the duties of a IT professional than do a doctorate from Stanford. Having said that, sometimes the market might demand more IT professionals, in that case, US might need to fill the shortage at least till they train their citizens so to summarize, the country has to decide, not us.

  17. So you say , you went to Stanford , so you are better. Is it so ?
    Get this impression outta your mind and look beyond the well.

  18. Oh you studied in Stanford, good for you on making it to Stanford. Less people in the world are as gifted as you and are able to make it.

    Oh, now you want to work in USA too? Time to compete with the rest of the people who want to work here too.

    Don’t act so entitled. You are no more deserving of a H-1B visa than us. Just because you went to the USA as a student does not make you more entitled to the H-1B than any other worker who is competing for a working visa.

    The biggest problem is the advanced degree category that the H-1B visa has. It makes snobs like them compete with others.

    The original solution should have been to have two different categories :

    1. One for working visa for people who want to work in the USA.
    2. This category is for USA educated people who want to work in the USA.

    Having these two different category people compete with each other is inherently flawed. Grouping these categories together and deciding who deserves it more is a wrong argument.

    Who Should Get H1B Visa Between These 2 Applications? This is a wrong way to look at it.

    1. Let’s forget about case 1 and case 2.
      In my opinion, everybody is equally eligible.

      Answer this simple question – Is it fair that a person willfully manipulates the system by filing 10 applications?

      Last year, there are people who got 2 applications approved!!! And there are people who couldn’t get picked up in the lottery at all.

      Screw those people who misuse this damn immigration flaw!

      1. On the other hand why is the immigration system filled with so many flaws? In my opinion people who misuse the system are the good testers, and the people who developed the system are bad developers. Time to keep the system free of such flaws.

      2. If it is a flaw, it got to be corrected by those who got it in place. This is not the first time the law is in place. By the way, even I feel sad for allowing so many duplicate petitions. Why blame the people who are applying for it as everyone is selfish including you and I. We should blame the retarded system that is so scared to correct, improve & move.

      3. I agree that its not fair, but tell me what in the world is fair?

        There are people who play fairly and there are people who game the system.
        I’ve earned my Masters in the USA and am now working for a big corporation in the mid-west. When I went for the F-1 visa interview in Chennai, when the consulate asked me what my plans after MS were, I said I would come back to India and use my education. My buddy from college said he wants to continue working in the USA after MS and he didn’t get a student visa as they thought he had immigrant intent. I gave the same answer that people generally answer and I got the visa. He didn’t.

        There is no check in place to send me back after I did my Masters even though I said so myself in the interview. Now, I want to continue working in the USA, is it fair I got the student visa and he didn’t?

        Looking for fairness will not help our case.

        The US government cares about vote politics just as much as the government of my home country, India, does.

        I can see the illegal immigrants enjoying more benefits right now as well as in the future than, us, legal immigrants because the parties care about their vote banks. This is not fair too.

      4. I don’t think filing 10 different petitions improves your chance in lottery as all your petitions are considered as one during lottery

        Think about the cost and time involved in finding 10 employers willing to file H1 petitions for you.

        What you say is not realistic?

  19. IMHO – People already in US should be given more preference. Advanced Degree quota of 20000 will not suffice the massive influx of international students year by year.

    It’s the US economy that takes a hit, people with advanced degrees leaving the country is not what US wants. They need to fix this broken immigration system ASAP.

    On the bright side, it is the countries like India which lose temporarily and benefit later with brain drain on hold.

    1. They should introduce something different from H1B for folks in US if they really care about them. But, saying that they should be given preference, would be like mandating everyone do masters in US to get a job there irrespective of their abilities or interest. Please stop linking education with abilities / skills. There are a lot more experience gives you that education does not. Respect the pain the folks that in US go through with all those loans etc.

      1. IT people should be given a limited number of slots. And there should be a time limit for you guys to use up your visa. TCS, Infy, Wipro apply for 1000s n get 100s n put them to sleep for few years till u guys get a project. There 100s of non-IT people in the states who miss the lottery twice and have to return home jobless.

        If you don’t get a h1b you still have a job! You have not spent 20 – 30 lakhs.

  20. #1, Fair vs not fair.. Have you thought about this when you got admission in Stanford when thousand others stand a better chance than you? It was fair for you. But, ask the other thousands of people who did not get through. Everyone is right in their own view of the process (whether mutually agreed or given).

    When you agreed to apply for H1B, I believe you know the game before even choosing to play this. Every game has its own rules whether you like it or not. In fact, you know about this even before joining Stanford that you may have to go through this “unfair” process. At that time, you might have thought it may not apply to you. It is as foolish as saying that after completing first half of the soccer game, saying that I will play for the opposition as it is easier to win from the other end.

    If you are trying to portray that Phd is highest level of education, in my perspective I feel sorry for you that you have wasted 4 odd years doing something without making any real impact to the world when you were 21 – when you got your Bachelors degree. Hence, you stand the least chance. This is just my view.

  21. Please disregerd 1st post and use this one!
    I believe the 1st person who made it to stanford and completed a PHd. deserves the H-1B Visa. This person has demonstrated that he/she has risen to the top of their field of profession and from all indication is a STEM graduate (Higher Degree). Are these persons not the people the USA claim they want to retain? Such persons should not even have to be entering a Visa lottery to stay and work in the USA, they should get a green card on completioin of their Masters or PHd.

    1. Warren Buffet, Bill Gates and so many other talents are college or school drop outs. Studying in Premier institutes doesn’t make one a scholar. Its the attitude. In my opinion both the cases deserve equal amount of chances. The attitude of both decides if they are eligible to step in, in US.


      1. And yet there are only handful of those people. Plus Mark Z and Bill Gates dropped out because they figured out a problem to solve and they knew the solution. So, dropping out dropping out don’t make sense unless the person know what is the next big thing.

        1. You never know it is a big thing till it becomes one or atleast you are few miles away from where you began. Do you think Gates et all really imagined their idea would be this big when they started or dropped out of school? Who knows this job through H1B is the next big thing for some people. By the way, what is BIG? very subjective too.

          1. One simple definition of BIG : Be your own boss and make enough money to have quality life while solving people problem with your idea. Agree?

          2. You could be right from your perspective. But, that’s too narrow and can’t be generalized.

        1. The previous comment was made referring yo Raj’s comment.

          Looks like the comment chain isn’t working as expected.

  22. Don’t under estimate second person as he is less confident. As you know studying US cannot be afford by all people. If only people who study US have to get more chance. What about people who work hard and study in India and dreaming of working in US. You are comparing two different entities.

    Tell me one good reason why in general quota we should mix Advance degree petitions even after they have 20k separate quota.

  23. I think question should be what USA deserves?
    Any capitalistic system has to encourage cheap labor and mediocrity for its survival.
    So what USA deserves is cheap labor they are getting from Indian IT bodyshops rather than Stanford grad and this is what their immigration system providing for long time.
    Think from US point of view. They do not have any scarcity of homegrown STEM talent as media hype would want you to believe. Majority of inventions, patents are from US. They have scarcity of “Indian middle class slave programmers” and that is what they are after.
    It would be really selfish to have special treatment of Stanford grad just because that person is not from USA. I sincerely hope that pathetic IT guy get his visa and Stanford grad returns to his home as Director/Lead of path breaking research facility/technology venture.

  24. Hi,
    I strongly feel that both should get the fair chances as it does not matter that just because one person is standford gratuates and working for the google is more qualify and deserving to get an H1B visa then the other guy,according to me it’s just tell that other person did not get an chance to go to standford and work for google till date, does not mean you should deny the equal opportunity to other guy henceforth.
    I just feel the other guy lacks confidence that’s why little bit scared of visa interview and feel to bypass it ,it does not right to say that he is not quality enough and that’s why thinking to bypass the interview if that was the case then his small consultancy would not have applied for his H1 B visa in the first place he just need little bit guidance and confidence to overcome his nervousness .take the case of UPA goverment in the centre ,every one know how manmohan singh goverment has performed in last 10 years keeping in mind that he is one of the most qualify person of india having done education from Harvard.

  25. Hi Raghu,
    Nobody will answer this question in black & white way. There are so many things which need to be understood before answering your question. Also, I have one thought in my mind, why people having very strong education background, are still desperately chasing the work in USA. Why not they are trying to create the technology for which USA based company looking desperately. Anyway, I wish both of them good luck and hope they will understand the view, specially the one who is really capable to do the change. In my view, system will change when you will force to change them.

    One’s again “Good Luck” both of them.
    Abinash Mishra

    1. Lot if people have this misconception – having PHD doesn’t automatically qualify for EB1. Job should requirements determine the category.

  26. For the applicant one. GOOGLE could have sponsored his green card in category 1 if they needed him so badly. Any by now he could have the green card or work authorization.

  27. Applicant 1 deserved to get H1B Visa, As i am also in similar circumstance except i am not in US. I have 8 + Years Exp in Telecom Industry and first class distinction in M.B.A + Advanced Cisco Certified Professional. I was trying for 8 years, but this year i got opportunity to apply and i haven’t got any answer so far. Sleepless Night, Tension Increased.Anything is possible in world and people are using the loop holes in the system to get the H1B. But the worst part is lot of people who have struggled in past for getting H1B Sponsorship ,in spite of clearing lot of technical Interviews and couldn’t get selected in lottery is very much bad, it will surely affect the Person both physically and mentally. I was really surprised to see such a comment and i am sure, i am not going to follow up on my visa status. If it comes let it come , if not i am not going to worry and i will not even apply in future even if i get a sponsorship to US. This Lottery Selection is for those who have better luck and not for Technical People. I didn’t mean people selected in lottery are not technically good . I meant the H1B going for applicant 2 doesn’t deserved and value of the Visa itself lost it identify. So H1B is for people with good luck and no more hard work and technical expertise is required. I would like to thank Raghu for giving me opportunity to tell my views and you are really doing awesome job in giving people with lot of information.
    I didnt meant to hurt anyone and i have just shared my views, If my words are strong to someone i am really sorry . All the Best to Everyone who got selected and for people who will be getting the receipt number in coming days. God Bless you all.

  28. There are processes in place and there are separate quotas for those with advanced degree from US. A system can not discriminate between employers in need for foreign employee. Rule applies equally for every body. I guess every body need to compete for the opportunity.

  29. Applicant with advanced degree and working in US deserves H1b visa as first choice. USCIS should be strict on multiple application and bar them for ever.

  30. Surely the first person deserves it. Having studied here and already being employed on US soil they’ve paid taxes, added to the economy. It will be a major set back to not only the company but also the individual’s morale.
    OPT students/people already working in USA (on visas other than H1) should be given top priority out of common sense if nothing else. I hope the government realizes this and makes a change immediately.

  31. We can’t blame both the ppl here .. Both has equal rights to get H1B .. If we have to blame then its the system .. There should be a proper process in place so that ppl are grouped according to their educational and professional qualifications.. Lot can be conducted for those separate groups individually !!!

  32. Ofcourse the first case. PhD from Stanford and working in google. Totally deserves it. I hate this body shops as well and way against anyone (especially desi consultancies) hiring and adding fake experience or filing multiple visa’s. Totally useless way of doing business. We Indians (all the IT companies) have ruined this immigration system and it’s high time to change it. Pitty on all the companies who do this and pity on all these so called “educated” folks who run these companies. If you want to be an entrepreneur be one by being innovative not by all these kinds of crap.

      1. You can’t generalize the second scenario.
        “H1B Visa applicant via an IT Services company”
        What if second person works in Microsoft or IBM India Pvt. Ltd. and not worried about interview at all.

          1. so what do u think Raghu.?there are still alot of people workng in IT who couldn’t afford to study in harford like univ but still have enormous talent

      2. I have gone through the several arguments and counter arguments posted on this topic and here is my two cents.
        Advanced degree vs other IT talents(strangely the moderator has an opinion that is reflected in the question itself).I believe that this is never an apples to apples comparison primarily because every person whether advanced degree or otherwise is applying on their own merits.

        Why should an alien with advanced degree be privileged or given a better chance then any talented professional who has completed education from any other country?Beats me!

        A lot of advanced degree applicants argue that
        1) it is because they have loans to repay and they have worked really hard to get where they are today.
        2) There is an underlying thought that they are smarter then the ones who did not complete an advanced degree in the US.
        3)That it is not fair that they have to compete with IT resources without an advanced degree in the US.

        Life is unfair!

        Remember US has a lot of pressure internally from the people not to increase the H1B visa and they are doing their best to allocate visas fairly and squarely to the best of their ability.

        Yes there will always be a percentage of unqualified personnel who might get selected, however in the long run they will not be able to sustain if they are not talented.

        We are expending energies on a futile thought…Instead it would make more sense to ponder
        1)What should be done so that US can increase the number of visas allocated in a year.
        2) Ways to create opportunities in your own countries with your brilliance and the education acquired at Stanford 🙂

        For those who will still argue that they have to repay loans to the tune of 30 lakhs please remember that it was your choice.Nobody forced you-neither the US government or the government in your country.

        Good Luck to all those who have applied for H1B visas this year.

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