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by wrexsoule 4216 days ago
> The H1-B program keeps the worker captive

Let's be serious a few minutes, no H1-B worker is held captive at all. I've been on H1-B for 4 years and still on it, and have changed employer twice with no issues.

The only case you can make is that if a H1-B is applying for a Green Card then he can have to wait a while before moving, but it's nothing to do with H1-B itself.

2 comments

I agree that it's a bit of a myth that you "can't" change jobs on an H1B. You have pointed out that there are obstacles, such as a green card waiting list. While technically this isn't related to the H1B, I wouldn't say it has nothing to do with it if a very high number of H1B holders are counting on employer sponsorship for green cards.

To me, though, there is a bigger issue. How far from your original job title did you drift when you changed jobs? The H1B could be seen not so much as a way of forcing people to remain with one company as it is a way of forcing people to work the kind of jobs silicon valley employers want them to work. There are no restrictions on your employment - you can be a programmer here, there, or even over there!

The reason I think this matters is that I believe that programmers are actually underpaid relative to what highly educated and skilled people can make in other segments of the economy. Keep in mind, in SF, application developers only earn a bit more than dental hygienists. Suppose you decided, at age 25, that you'd prefer to do dental hygiene, since you were concerned about possible age related employment issues. Would you be allowed to do that as an H1B holder? Even if you are (my guess is that a dental hygienist would count as a skilled position worthy of the visa), what about going back to school? Could you find dentist to sponsor your visa?

To me, there's a reason for the "shortage" of programmers - the job isn't as great as employers claim it is, salaries and career prospects aren't good enough to lure these talented people away from other fields. To fix this, as a crutch, we've essentially created a system of immigration where people are allowed to come to the US provided they work as employee programmers for a period of time, after which many career paths may be closed to them or harder to pursue.

The Valley is a lot more open about H1-B transfers than the rest of the country is. I made the mistake of working the mid-west for a number of years where job hopping was not as rampant as the Valley and generally looked down upon. Also, every time you jump to a new employer keep in mind that your Green Card clock gets reset and your H1-B's 6-7 yr. limit stays the same. Having spent a significant portion of my youth here, my goal was to become a naturalized citizen. For most H1-Bs this is one of their major goals. The questions you'll have to deal with are always a bunch of What ifs.. What if I get laid off tomorrow? I've one month to find a job. What if my employer soft pedals on the Green Card application? What if my manager turns out to be an ass and my Green Card is only 2 years away? In that situation, I am pretty much a captive. It even took Alexandrescu (author of Modern C++ Design) about 16 years to become a citizen. Not acceptable.

Now Yahoo is closing it's India office and bringing a bunch of people to Sunnyvale. Not sure how they are going to do that with all the lottery bull going on.

YMMV.

Yes in the case of Green Card I agree you can become a captive if you're still waiting for your I-140. That being said, the DoL is currently reviewing the rules and should allow portability of the PERM in the near future as directed by Obama's announcement last Thursday, so when this finally happens there should be no longer talk of captivity even for Green Cards since PERM really doesn't take that long (unles syou get an audit...)