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Comment by tdicola | Hacker News Reader

Never good news to hear about layoffs, but for those that are affected I can say there is life beyond Microsoft. (it might even be better!)

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Microsoft employee here. My main concern is the fact that I'm the US on an H-1B visa. I really, really, really don't want to go back to my country, but that will be the case if I'm laid off and unable to find another H-1B sponsor in a very short time. :(

This is the #1 reason why I won't stay in the US after my phd. I have no interest in being a random CEO whim away from either having to uproot my life and move back home or frantically try to land a new job all in the short period of 15 days.

For those curious the #2 reason is that H1Bs make it hard to do even simple extracurricular activities like writing books or do consulting on the side related to an open source project you contribute to let alone start a company.

The H1B is fundamentally broken and I'm amazed that so many people put up with it. Credit to the US for being such a desirable destination, I guess.

There are fast tracks to permanent residence after a PhD [1]. But if you don't want to immigrate (owe US taxes for foreign income, etc.) then you're right. Staying on H1B is no way to live.

[1] http://www.uscis.gov/eir/visa-guide/entrepreneur-visa-guide#...

Well, what if you are in another country working for a company (say Microsoft) on a visa, even though you are American.

> The H1B is fundamentally broken and I'm amazed that so many people put up with it. Credit to the US for being such a desirable destination, I guess.

There are plenty of countries with more broken visa policies (I've lived here for almost 8 years and still don't qualify for permanent residency).

I know people who have lived in the US easily that long and are still stuck on H1B.

Countries with worse policies are no excuse for the embarrassment that is the state of US immigration.

You can only be on a H1B for 6 years (3 years renewed twice). After that, its either greencard or go home for a few years, and everyone I know has been able to get greencards even if the "process" is kind of tough.

However, I cannot get a greencard in the country of my residence (where I have many coworkers with USA greencards, ironically enough), so I think it is not very fair.

You can stay longer than 6 years if you have a pending Green Card application.

Yes, but your GC application has to basically be approved by that point, and you are just waiting for a slot.

Well if you see the Q's on the workplace stack overflow about some of the "horrific" employment practices from India the H1B rules might seem liberal.

Where is "here"? :)

China.

You'll typically get severance for one or two months. As long as you are on the payroll, you can apply for a H1-B transfer. I went through this situation 7 years back. For a company of Microsoft's size, a severance of one or two months shouldn't be a problem.

Wrong. You have to be employed - meaning Active Employment - to be on H1b visa. Severence package is no excuse to stay in country. IANAL , but please don't say anything you don't know about law. If you overstayed yourself you broke the law.

Hang in there bro. I got laid off on H1-B last year. While technically you become "out of status" on the day you get laid off (severance and payroll doesnt matter), you can stick around for a reasonable amount of time to find a new job. The strictest interpretation for that time is 10 days but I know folks who took 2 months. Good luck!

this is wrong advice. Don't do this. If DHS gets notified you will kicked immediately and put on ban to US entry for 1 to 3 years depending on offence. Read story of girl from Mexico ( techie girl) who overstayed.

Do you have a link to that story?

I feel for you as a former H1-B holder. If you are past a certain stage you can work for yourself legally. Set up an LLC and get software contracting gigs. If you are in Seattle talk to Kevin Lederman, a leading immigration lawyer and he can advise you accordingly.

Unfortunately, I don't even have PERM yet :\

There are other countries around, too.

Why can't it be good news? And good news to whom? To me, who cares about this company, this is good news because I think that MS needs to get much more nimble. I'm saying this as someone who can receive very bad news tomorrow.

To quote, perhaps inaccurately, Louis CK: "Divorce is always good news. It would be terrible if there was a couple who as happy and in love, and they had this perfect life, and then they got divorced? Oh that would be horrible! But that has happened exactly zero times."

As someone who's parents are going through this I cannot disagree more. There are circumstances where it does happen.

That's very sad. Why are they getting divorced if they are happy?

I don't want to get too deeply into it but PTSD is one hell of a disease and destroys families.

Also sorry to hear it - I apologize if my quote was insensitive. My point was just that if layoffs are deemed necessary, one way or another it's best if the employee and company part ways sooner rather than later.

No problem at all. No need to apologize.

Sorry to hear it.

It's certainly not good news for someone who might lose their job. It's also not good because it can scare off good people too--if you're watching the company you work for go through a massive round of layoffs and make the cut, won't you start wondering if maybe it's time to look elsewhere before things get worse?

When a company I used to work for announced its first ever round of layoffs, I volunteered to get cut. Took the payoff and got the hell out.

You hear layoffs and you think about the company but ignore the people in the company? OK.

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