Visa regulations can sometimes go wrong

Here’s an excerpt from an interesting blog post by Eric Sink titled This is NOT how it’s supposed to work

Until the end of September 2006, we had a person on our team here at SourceGear. Let’s call her Jane.

Jane was an extraordinary employee. She worked in QA as part of the Vault development team. Her coworkers described her in very positive ways, sometimes using superlatives.

So what happened — did she leave SourceGear for a better job? Nope. In fact, Jane isn’t working at all right now.

Jane is from India. She was working for SourceGear on a J-2 visa, which is basically “the spouse of someone with a J-1 visa”. Unfortunately, her husband’s visa changed from J-1 to H-1B (which happened because he works for the University, which is exempt from the H-1B limits). The spouse of a J-1 is allowed to work. The spouse of an H-1B is not.

I think Eric Sink makes an important point when he writes:

Jane wants to work for SourceGear. SourceGear wants to rehire Jane. None of this has anything to do with saving money by hiring cheap foreign labor into a life of bondage.

Sometimes it’s just about hiring the right person for the job–not about taking something away from person A and giving it to person B.


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