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H1B and veterans



Richard Strano wrote:
> I was told that companies are laying off retuning veterans [instead] of
> laying off the H1B visas. Can you imagine going off to serve your country
> only to be laid off and replaced with a h1b visa when you got back if you
> made it back.

As Jerry points out, it's not legal for an employer to do this, though I
suppose they could maneuver around the restrictions by restructuring
operations.

Given the nationalist fervor which dominates America of 2003 (more than at any
other time of my life), though, I have my doubts that a company would (a)
attempt to get away with this or (b) actually get away with doing it without a
major outcry.

A lot of those "I was told that" stories turn out to be third-hand recycling
of events which actually took place a long time ago (or at least prior to
9/11/01 which is the only date that matters these days), retold with the
intent of fanning the flames of political hysteria.  I've learned to tune them
out unless they are widely reported and/or a specific reliable source is
cited.

I've worked alongside a number of immigrants and found that they simply take
advantage of whatever opportunity is presented.  Some are competent, some
aren't:  it varies just like everyone else.  If too many opportunities are
presented, then it's the fault of policy-makers not the immigrants themselves.
 Policy-makers have to strike a balance between excessive protectionism (which
often forces developers/researchers to take their work overseas) vs.
inadequate safeguards for local commerce (which can put companies at a
competitive disadvantage).  Not an easy task even at times when there isn't
polarized/hysterical politics going on.  If you're trying to influence the
policy-makers, put yourselves in their shoes, consider the pros and cons in
detail, and make an informed argument.  Also contemplate parallels in other
industries, like the fracas in stem-cell research which is likely to be pushed
almost entirely outside the USA.

-rich





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