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Delay and uncertainty? Both companies have to agree and process paperwork for the H1B to leave the current employer.

Wrong! Stop spreading misinformation. The only employer who needs to agree to take the H1B holder is the new employer because the new employer must file for petition. There has nothing to do with the current employer -- https://www.murthy.com/2017/04...

However, practically, as GP said, there are loop holes that the current employers may do to interrupt/retaliate the visa holder (e.g. terminate the person and thus the person loses legal status). The law does NOT protect the visa holder in the case of waiting for the new approval to pass or arrive.

Not true: http://www.murthy.com/2011/05/...

Porting an H1B is quite simple, actually... Typically takes a few months - and the worker does NOT need to leave the country as there is a presumption that the conversion will go through. And converted/ported H1Bs do NOT count against the existing cap (meaning porting someone over does not require you fight for one of the scarce new H1Bs). Source.

Layoffs in the USA, and hiring increases elsewhere.

I remember a few years back reading how MS was proclaiming that they weren't increasing their H1B hirings. However, they were achieving the same results by doing it in Canada instead.

More recent layoffs

http://www.murthy.com/2014/05/...

Probably because it's not easy legally to fire an H1B before their visa time is up.

Opens the company to more lawsuits, and requires them to pay for the trip home.

http://www.murthy.com/2012/11/01/bona-fide-termination-requirement-for-h1b-employee/

How in the world do you define "largely" if you think tech jobs will be "largely filled"?

Seriously, H1-B visas can only encompass a relatively small percentage of the work force (something between 15-33% depending on company size for H1B dependent employers.) Yes 1/3 of jobs is a high percentage, but most companies don't qualify for that level of H1-B employees, and furthermore, most can't afford the fees associated with the paperwork, even if you consider reduced wages, which are technically not allowed.

Link for my info here: http://www.murthy.com/h1bwrkr.html

These are the rules with H1-b as of nov 2003.

I do not believe that they have changed substantially since then.

Search for prevailing wage: this would be you 'going rate'. What you suggest in point 4 is illegal.

http://www.murthy.com/mb_pdf/nov2803.pdf

You've made a couple of mistakes. Renewals, transfers or extensions do not count against the H-1B cap.

"The first important matter is to understand whether the cap applies to a particular case. It only applies for NEW employment. Individuals in H1B status, who previously have been counted against the cap, are not counted against the cap again when they file to extend H1B status, whether through the same or a new employer."

Here are some of the ugly details about the H-1B and L-1 visa programs.

Current tech worker importation stats..

The following list is for Newly issued H-1B employment visas broken down per federal fiscal year, initial term 3 years. Renewals(3 more years), Application extensions(add another year), and transfers NOT COUNTED.

http://uscis.gov/graphics/publicaffairs/factsheets /h1bcap_FS.pdf

Federal
Fy1999.. 138,385 (from KMPG audit)
2000.. 136,787
2001.. 201,079
2002.. 103,584
2003.. 105,314
2004.. Final numbers not in yet. (~65K+at least 30K in exempt from cap categories and growing in number each year).
2005.. Blew threw 58.1K of the quota in one day (Oct 1).

P.S. I'm not even counting all the foreign workers being imported on L-1's visas,
(5 year term, currently somewhere around 100K per year).

Net result: The globalists have imported in excess of 1/2 Mil+ foreign tech workers into a shrinking (Sept 00) US tech job market. Then tack on a the insult of offshoring.

Care to guess who is getting the short end of the stick?

If you find a new job right after you get fired at the old one, a simple new H1B-application (not the approval) will keep you in-status.

And apart from that, it seems the INS has some new policies about treating H1B-layoffed that still hang around in the country.

I am rather thinking of the longer term of "a few more years."

1. How long, after all, does an H1B last?
2. What is required after that period of time?
3. What time must elapse outside the US before one may return?

(Answers available here. )

Add to the above the question: How long is it taking for the INS to process Green Card applications at the California office, these days?

I'm sure that many people would be prepared to make offers...

At the time that Linus was completing his Master's, there was a joke going around that Linus would wind up walking in to the offices of some UNIX-related company, and say (Finnish/Swedish accent mandatory):

Hello, my name is Linus Torvalds. I have come here to work at your company. Please show me where my desk is.

Jokes and offers aside, life isn't usually that simple...