[ale] OT: H1B: PLEASE DISREGARD EARLIER POSTS

[Yu, Jerry]

I think Mr. Evans may be right on the point that by law, H1B shouldn't be
hired if qualified Americans can be found and hired. If I recall correctly,
H1B visa application is approved upon determination that there's no
qualified citizen/PR could be found during recruiting process, and denied
otherwise. The burden of proof is on the employer to include newspaper/trade
magazine ad, internal memo/posters, H1B's credentials, resumes collected,
interviews conducted and why others are rejected for the position. Once
approved, H1B visa is good for three years until renewal time. Or did I mix
labor condition certification (H1B) with labor certification (green card)?

At any rate, however, any company can get around this problem easily. It
simply creates a new Jr/mid position at $30-$40K/year and eliminates the
super senior position at $300K/year, due to advancement of development tools
(rational this rational that), technologies in general (oracle 9i -> 10g ?
), and/or company's new business alignment and budget restraints. Mr. Evans
will either be rejected since he is obviously overqualified for this new
position or he will decline to entertain an offer, since he may  actually
decide to idle for 10 years with the 46w severance instead of laboring for
years to make as much.


# -----Original Message-----
# From: ale-bounces at ale.org [mailto:ale-bounces at ale.org]On Behalf Of
# George Carless
# Sent: Thursday, December 30, 2004 2:54 AM
# To: Carolinux.com; Atlanta Linux Enthusiasts
# Subject: Re: [ale] OT: H1B: PLEASE DISREGARD EARLIER POSTS
# 
# 
# > visa regs at the time, but I actually should have fought my employer
# > in court: H1B's can't replace qualified American coders. If it was
# > necessary for
# > me to train them, I must have been qualified for my own 
# job, right???
# 
# I'm not sure what gives you this idea.  As far as I recall 
# there is no 
# requirement, for H1Bs, that the job not be replacing that of a 
# 'qualified' American citizen.  This is a common 
# misapprehension, though.
# 
# --George
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# Ale at ale.org
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# 

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