LayoffBlog.com

January 28, 2009

Microsoft to Layoff Some H-1B Holders

In wake of impending layoffs, Microsoft has released a preliminary response to a U.S. Senator who wants the software giant to cut non-citizens first.

Microsoft’s answer states that it will indeed layoff a significant number of H-1B temporary work visa holders but that their visiting worker status will not be the primary criterion when it comes to deciding who will stay and who will go.

Microsoft officials said they will respond to Senator Grassley’s request for a direct response. However, while the company’s initial response is polite, it doesn’t say it will meet Grassley’s request.

Source: internetnews.com

30 Comments »

  1. You sound like an old fart “baby boomer”. A 50+ year old engineer who is technically thoroughly incompetent against the younger skilled H1-B coming in. A wimp who couldn’t make it beyond basic engineering in your organization, is at the lowest rung of the ladder, grown only in years!
    A grumpy old loser who whines all day long about how H1-B come and steal jobs, which you are incapable of holding on to in the first place.

    You are going after a handful of skilled immigrants. Why don’t you go after jobless losers with foreclosed homes instead who have screwed this economy up completely? But no, you want to be bailed out on the tax money of H1-B, don’t you?

    Instead sitting on your ass, get up and do some reality checks. The reality is that incompetent folks like you were laid off because you were among the lowest performers in your company – the bottom brass. What has that to do with H1-B? If they come in with fraud resumes and are low performers, they will also get kicked out along with you. Don’t have any illusions on that front.

    One day, due to losers like you, all the jobs will fly out of this country.

    Comment by greendoc — January 28, 2009 @ 7:55 am | Reply

  2. Good to get rid of these people that stink to high heaven. The first comment must be from one of the people that make everyone around them puke. At Cisco, there were 2 sides of the building, Hi-B’s on one side where the green cloud of smell was all the time, to the clean smelling breath of fresh air on the other.

    Comment by Mr. Old Guy — January 28, 2009 @ 10:57 am | Reply

  3. In theory H1-B was created to allow for filling positions in the rapidly growing high tech industry that couldn’t otherwise be filled by US citizens. It was NOT created to provide new opportunities for immigration (though that is a side-effect) and was NOT created to provide a way for companies to hire lower cost labor (though it was used that way in many cases).

    So, if a company is faced with having to reduce staff and there are two otherwise equivalently skilled/talented workers, one that is H1-B and one that isn’t, then the H1-B worker should go first since a skilled worker still exists to fill the remaining position. If you don’t follow that logic then you don’t understand the purpose/intent of H1-B.

    Greendoc, your comments are racist and ageist… you lump all older, US workers into buckets such as “wimps, incompetents, losers” while you refer to H1-B immigrant workers as “skilled.” Open your eyes and your mind and realize there are very skilled workers and very incompetent workers on both sides, you jackass.

    You knew the nature of H1-B when you came here to work. If you want the rules changed, then lobby your boss and your congressman to change things, or go back home and start a company that outsources jobs from the US and get your hate for the US and its citizens out that way.

    Comment by oldlosereng — January 28, 2009 @ 11:15 am | Reply

  4. […] 5 (1-28-2009): Microsoft to layoff some H1B visa holders Possibly related posts: (automatically generated)Microsoft’s cutting jobsMicrosoft to Cut Up […]

    Pingback by Microsoft Layoffs today? « LayoffBlog.com — January 28, 2009 @ 11:31 am | Reply

  5. Please dont blame individuals, we cannot be ignorant of the fact that the corporations are scamming all the middle class people on both sides of continent. Indian Outsourcing company Satyam acknowledged that it took money from clients for employees who did not exist. This is common for all companies; Accenture, Wipro, Infosys, IBM… I heard consulting companies bills for programs twice by renaming them when done offshore. So, where does all this extra money go?

    Comment by ScamBuster — January 28, 2009 @ 11:33 am | Reply

  6. Greendoc,

    The only thing that exceeds your arrogance is your ignorance. People like you are a toxic burden to this nation and it’s many hard-working, skilled, and motivated workers, regardless of age. I would imagine your coworkers, if you have any, would have some interesting feedback about you. Incidently, Greendoc, ” The lady doth protest too much, methinks”…. Could it be that you’re concerned over your own HB-1????

    Comment by Reality Check — January 28, 2009 @ 1:24 pm | Reply

  7. I have a lot of experoence working with, and interviewing, H1-B’s. They tend to be poorly educated, have subpar skills, and little working experience. H1B’s are hired primarily because they earn 25-30% less, and can not easily change jobs.

    Comment by Asylum Aleikum — January 28, 2009 @ 3:46 pm | Reply

  8. @7: Oh, c’mmn! Give me a break

    Comment by Anonymous — January 28, 2009 @ 4:11 pm | Reply

  9. send him comments at
    http://grassley.senate.gov/contact.cfm

    Comment by Rocky — January 28, 2009 @ 4:42 pm | Reply

  10. Indian Institutes of Technology (IITs) produces more technocrats than any Western university because India invests little labor, money, time, facilities and energy into a liberal arts education. Their graduates are the wet dreams of most Americans CEOs. So if you wanna do research and write white papers go to MIT but if you wanna work go to ITT.

    Comment by jack snyder — January 31, 2009 @ 1:46 pm | Reply

  11. #10, Jack: I agree 100%; But today’s economy does not need millions of code monkeys and thousands of “wet” local C-level junk. I believe that the times are gone where a person with Masters in medieval history could become CEO and take the huge company almost down to tubes.

    Comment by DF — January 31, 2009 @ 2:39 pm | Reply

  12. Cooks, drivers sent to US as engineers

    G S Vasu & Vikram SharmaFirst Published : 23 Jan 2009 01:48:00 AM ISTLast Updated : 23 Jan 2009 02:52:49 PM ISTHYDERABAD: A new dimension is emerging in the infamous Satyam saga. Information available with the Express suggests that thousands of people have been sent to the United States by the IT major on the basis of fake educational and employment certificates.

    Highly-placed sources told this paper that this has been happening over the years and it is possible that a significant number of them may or may not be with the company now.

    One reason for Satyam to resort to this step is the need for assistants of a varied nature — drivers, cooks, attenders, gardeners — for its highranking officials employed in the US.

    While Indians are available for a pittance, employing a US citizen for similar works is a far more costlier proposition. What is interesting is that a majority of those packed off to the US for sundry jobs (projecting them as engineers) come from villages in Ramalinga Raju’s native district West Godavari in coastal Andhra Pradesh. Most of them belong to his community.

    While Satyam employed North Indians in top positions, it chose those from Ahmedabad as low-level assistants.

    About 400 of them from Hyderabad figure in the long list of those sent to the US by manipulating the records. It is also possible that hiring officials in Satyam, who allegedly offered employment to job-seekers for pecuniary consideration, may have provided fake employment papers to those intending to go to the US if they are not Satyam associates.

    Politicians and others, whom Satyam has to keep in good humour, may also have used the Satyam label to obtain visas in cases where they have a vested interest.

    The CID wing of the AP Police, which is probing the Satyam scandal, has sniffed this angle too and is in the process of gathering details.

    Comment by Anonymous — February 1, 2009 @ 2:58 pm | Reply

  13. If any organisation is retaining foreign guest workers. This is what you may have to do.

    If you know any foreign guest worker who is retained. The possiblity is that the organisation is also applying for Green Card for all these candidates. More often the job title of the candidate on the Green Card process is different than the actual job title, USCIS is unaware in most of the cases. The salary, the educational qualification is also different for most of the cases. This is because the Green Card has to be filed based on certain norms.

    Please inform USCIS and provide them with the details of the candidate, the location etc. Also cc these two Senators Durbin and Grassley. USCIS will take action. May be we can get some jobs back.

    Please pass these to all your friends and family members.

    Please act now, also add this to all the blogs that you know.

    Please act now…..

    Comment by Anonymous — February 1, 2009 @ 2:59 pm | Reply

  14. Found this on a Labor Condition Application (Form ETA 9035CP)used to hire H1-B

    LOOK FOR “(C) Recruitment and Hiring:” BELOW, EMPLOYEES ARE IN BEST POSITION TO IDENTIFY VIOLATIONS TO Department of Labor and if they do, are protected from retaliation by employer. Nothing like protection when a company is downsizing.

    20 CFR 655.738 and 655.739 and to make this documentation available to DOL officials upon request. The employer also agrees to make available for public examination a copy of the labor condition application and necessary supporting documentation as specified in 20 CFR 655.760 within one (1) working day after the date on which the application has been filed with DOL. This documentation must be retained for public examination at the place of employment or the employer’s principal place of business as identified in Item B. The employer agrees:
    (A) Displacement: The employer will not displace any similarly employed U.S. worker within the period beginning 90 days before and ending 90 days after the date of filing a petition for an H-1B nonimmigrant supported by the application. See 20 CFR 655.738.
    (B) Secondary Displacement: The employer will not place any H-1B nonimmigrant employed pursuant to this application with any other employer or at another employer’s worksite UNLESS the employer applicant first makes a bona fide inquiry as to whether the other employer has displaced or intends to displace a similarly
    employed U.S. worker within the period beginning 90 days before and ending 90 days after the placement, and the employer applicant has no contrary knowledge.
    If the other employer displaces a similarly employed U.S. worker during such period, the displacement will constitute a failure to comply with the terms of the labor condition application and the employer applicant may be subject to civil money penalties and debarment.
    See 20 CFR 655.738.
    (C) Recruitment and Hiring: Prior to filing any petition for an H-1B nonimmigrant pursuant to this application, the employer took or will take good faith steps meeting industry-wide standards to recruit U.S. workers for the job for which the nonimmigrant is sought, offering compensation at least as great as required to be offered to the H-1B nonimmigrant. The employer will (has) offer(ed) the job to any U.S. worker who (has) applied and is equally or better qualified than the H-1B nonimmigrant. See 20 CFR 655.739.

    http://www.lca.doleta.gov/h1bcl_nw.pdf

    Comment by realfacts — February 4, 2009 @ 5:42 pm | Reply

  15. As h1 holder, here is what I know: I am no that special than an American whose profession is like mine when it comes to talent. Why I was hired as h1, it is simple (corporate companies need for more money: capitalism):
    1 – Cheap labor
    2 – Work hard (as I have almost no other life than work compared to an American. Since I want to stay here I show-off to my boss raising the performance bar high, making them more dependable on me…)

    (pls any h1 holder, don’t think you have a special talent than others, that is naive)

    Besides to h1bs, there are other practices being exercised by corporate companies: moving jobs to offshore, outsourcing…

    Why didn’t those congress members or politicians act at the right time when they allow in the first place those failed executives/corporations (contributors to the mess) follow this path or exercised this practice increased?

    Because their intention was protecting their interest, in my opinion, they never seemed bothered by that. At that time they had good relationship with corporate companies, American people was not in their agenda.

    But now accountability/blame started to be issues and they started to seem to care about the people who put them to that position in the first place.

    My point, the politicians should still consider the consequences of their action to the best interest of their citizens and the future of America.

    Comment by me — February 6, 2009 @ 2:55 pm | Reply

  16. Its always easy to do all shit talking for The Americans and Indians (also for every other countries). Whatever the situation is one of the fact that has been looked on by closed eyes is Lots of Consultancies (software consultancies) hired H1B workers on cheaper rate fake their resume with fake experience and projects from big companies and sell those consultant.

    Here H1B has been misused.

    Almost every person know about it but no one have the guts to speak out against it. Siting on save room and then using some f***ing words isn’t going to prove any shit Americans or f***ing Indians superior of each others. Fact is one let the other do fake things.

    Comment by Doesnot Matter — February 8, 2009 @ 5:14 pm | Reply

  17. In regard to comments #15 & #16;

    Please learn to speak and write the English language correctly. It is amazing that you would even be viewed as employable in the US. Truly enlightening as to what US corporations are now hiring. Are they really that desparate or just greedy? I would hate to be the person responsible for overseeing their work as they’d have to spend an inordinate amount of time making corrections.

    Comment by Reality Check — February 19, 2009 @ 10:14 am | Reply

  18. In regard to #17

    From your comment, you seem to have no clue about what is really going on.

    For your advice to learn to speak and write English language correctly, thank you.

    We are employable because we are competent to do the job and at the same time providing better advantage for companies. Let’s be real, do you think the browser, the operating system you are using, the fuel efficient cars… are 100% done by people who speak and write English language correctly?

    US corporations are hiring to get more profit, to reduce cost and operate efficiently and effectively.
    Regarding the idea that you have to spend time making corrections:
    – First of all no one is perfect and work is supposed to have such nature, (for example still the major OS provider ships products with bugs)
    – Second of all you might be working under me and your work could be reviewed/certified by me

    Accept the reality that some years back things that used to be done only in the US by US people, can now be done virtually anywhere by almost anyone with much superiority in quality. That is the reality, accept it! Live with it!

    Don’t just think you can do better because you can speak or write English better, go and create or innovate to be ahead of the race.
    Work closely with your people to have responsible and educated people in the leadership positions.

    Comment by me — February 19, 2009 @ 1:16 pm | Reply

  19. I just spoke to Bill Gates. He has agreed to layoff all H1Bs in Microsoft.

    Comment by B.O. — February 19, 2009 @ 1:32 pm | Reply

  20. Thanks God, you do not urge to shoot bloody H1s on streets…. Jeez, people, what’s wrong with you?

    Comment by ex-H1-cur-GC — February 20, 2009 @ 7:41 am | Reply

  21. This companies stock is very low,could it go lower? It may be a blessing in disguise for those laid off. Go spread your wings and fly away as fast as you can.

    Looks like B.G became rich on this issue. It would be good if he gave back some of the
    money to his devoted employees. Let’s see now, hire a person from a foreign country, pay no benefits, no stock options,no unemployment, pay lower wages,etc. Yup, he got rich. Yup, the lawyers
    got rich too.

    However, the company’s stock is going down. That should be a clear message that their plan does
    not work.

    Now think about the amount of taxes the US citizen has paid all their lives to improve schools,
    roads,sidewalks,etc. Are these companies paying back taxes for these hires for schools, roads,
    sidewalks, etc? Does the H1B visa persons have to pay back taxes?

    Does the foreign country, have the same number of H1B visas(or whatever they call them) for US citizens to work abroad at these wage rates?

    It is very simple, this company is failing. Could it be they have been hiring the wrong people?

    Comment by AFriend — February 20, 2009 @ 5:45 pm | Reply

  22. #21 You are aware that H1-B holders pay the very same taxes as the US citizens, aren’t you? But they aren’t eligible for any benefits – no unemployment insurance, no social security benefits.

    P.S. Sidewalks??? In the US??? Mwa-hahahaha!

    Comment by Rabindranath — February 20, 2009 @ 6:30 pm | Reply

  23. #22: Good point, btw! Currently h1b workers are paying for benefits, which they are ineligible to receive. To pay state/federal taxes – OK; unemployment insurance, medicare, social security – WTF?

    Comment by Butt on Rails — February 20, 2009 @ 6:41 pm | Reply

  24. #21: What you seem to be suggesting is that you started paying taxes as soon as you were born. I guess you were born with a golden spoon. But let me point out that you started paying taxes when you had an source of income and hence everybody does. And as pointed out, we don’t get the benefits of it. It is you who is getting it. Enjoy it my AFriend.

    Comment by What_logic — February 20, 2009 @ 10:51 pm | Reply

  25. This is the most dissapointing thread I have ever read. The decision to bring in H1B’s is the companies that hire the employees. #15 is correct in his comments. Each company is responsible for performing their own background checks on employees and if these people were incompetitent than they would or should be gone. Likely the companies are just managing salary expenses.

    This reminds me of the racism of the 70’s, and it is sad that people turn to differences as soon as times get tough. Entitlement mentality will not get you far.

    Comment by Anonymous — February 21, 2009 @ 3:37 pm | Reply

  26. US loss is India’s gain.

    India to have more startups due to H1B visa ban:

    http://www.siliconindia.com/shownews/52677

    Comment by Global Citizen — February 22, 2009 @ 9:49 am | Reply

  27. How many programmers are women at Microsoft that are US citizens by birth that work in the US?
    How many technical people at Microsoft are women that are US citizens by birth, quality assurance, design, etc that work in the US?
    How many technical managers at Microsoft are women that are US citizens by birth that work in the US?

    How many total technical people are at Microsoft?
    How many total technical managers are at Microsoft?

    I am trying to figure out the percent of (US born women) that work in the technical trade at Microsoft in each category above.

    Comment by WomenTechQuestion — February 23, 2009 @ 3:17 pm | Reply

    • Just out of curiosity, what is the purpose of this finding?

      Comment by Amused — March 21, 2009 @ 1:49 pm | Reply

  28. MphasiS serves pink slips to 200 at Bangalore centre. MphasiS, the Hewlett Packard (HP)-controlled IT and BPO services firm, has once again issued pink slips to nearly 200 employees at its Bangalore centre.

    Comment by Pavan — February 25, 2009 @ 9:35 am | Reply

  29. The H1b visa system is broken. It would be great if the government reforms the system than simply issue more visas. Things which can be amended to the H1b system are:

    – Easy and straightforward way to gain permanent residence by paying taxes for a number of years.
    – Allow H1b immigrants to gain permanent residence and citizenship if they haven’t broken any law.
    – Allow H1b immigrants more freedom to start companies by reforming the rules.
    – Reduce dependence of H1b holders on their employers

    Comment by galtar — March 21, 2009 @ 11:30 am | Reply


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